The becoming of post-apartheid jurisprudence: Towards a minor jurisprudence of generosity

The project focuses on the interdisciplinary possibilities of law to constitute a discourse of transformation for post-apartheid South Africa. It investigates the notion of becoming (in a Deleuzian register) specifically the becoming of a ‘minor’ (following the work of Peter Goodrich) jurisprudence of generosity. By reading literary and jurisprudential narratives the project attempts to articulate a theory of law’s law that spans both, letter and spirit, text and context, form and content.

The notion of transformation is central to post-apartheid jurisprudence. Transformation includes how to ensure that the shifts from parliamentary sovereignty to constitutional supremacy, from totalitarianism, racism and sexism to democracy and from authoritarianism to a culture of justification will result in substantive change, beyond a mere change in form. The central concern of the project is to advance the idea of a post-apartheid jurisprudence that could engage with the notion of transformation; however, the aim here is not to engage with law in a narrow sense but to draw on literature, narratives and other aesthetic forms.

Project leader(s):
  • Karin van Marle (Pretoria)

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