Towards a ‘(post-)apartheid’ critical race jurisprudence: ‘Divining our racial themes’

Abstract

In this article, I repeat arguments made elsewhere on the importance of critical race scholarship in South African legal thinking. Critical ‘outsider’ jurisprudence is a developing genre of legal enquiry and needs to be considered in analyses of legal reform, human rights, constitutionalism, transformation, transitional justice and reconciliation. While divergent feminist legal theories, certain strands of ‘queer’ legal theory, US and Euro-Brit Critical Legal Studies (CLS) have received wide coverage within South African legal scholarship, vibrant jurisprudential movements such as Critical Race Theory (CRT), postcolonial jurisprudence and Black Feminism have remained largely absent from post-apartheid critical legal discourse.