KARIN VAN MARLE
Professor of Law, Department of Public Law, University of the Free State, Bloemfontein, South Africa
The main aim of this article is to reflect tentatively on the importance of a continuing critical jurisprudence. By thinking about the lives and legacies of the late Nelson Rolihlahla Mandela and his second wife, Winnie Madikizela Mandela, I want to reconsider a specific kind of critical jurisprudence, with particular attention to the issue of constitutionalism. I argue for a critical jurisprudence that responds to the many complexities that South African society faces , with nuance - not broad strokes and generalizations ; with care, neither aggressive nor defensive; and with thought, not strategic or calculated. I am of the view that this third position also has an important, albeit minor, place in legal scholarship and legal education and most pertinently in the LLB curriculum.