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The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid
Thesis (DPhil)--University of Pretoria, 2017.
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| Language: | English |
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University of Pretoria
2018
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| _version_ | 1867613647489990656 |
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| access_status_str | Open Access |
| author2 | Van Marle, Karin |
| author_browse | Van Marle, Karin |
| author_facet | Van Marle, Karin |
| collection | Thesis |
| dc_rights_str_mv | © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (DPhil)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/65693 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:28.478Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2018 |
| publishDateRange | 2018 |
| publishDateSort | 2018 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/65693 The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid Van Marle, Karin joelmodiri@gmail.com Modiri, Joel Malesela UCTD Black Consciousness Post-”apartheid South Africa Critical race theory Steve Biko Thesis (DPhil)--University of Pretoria, 2017. This study contemplates the development of a South African critical race theory (CRT) with reference to the thought of Steve Biko. From a long view, the aim of this research is to bring the insights of the Black Radical Tradition to bear on the study of law and jurisprudence with particular focus on the problem of “post-apartheid South Africa”. Working from the scene of the “afterlife” of colonial-apartheid and situated at the intersection of critical race theory (CRT) and Black Consciousness (BC), this study aims to develop an alternative approach to law and jurisprudence that could respond to the persistence of race and racism as the deep and fundamental fault-lines of post-1994 South Africa. The transition to a “new” South Africa, undergirded by the discourses of human rights, nation-building and reconciliation and underwritten by a liberal and Western constitution followed a path of change and transformation which has resulted in the reproduction of colonial-apartheid power relations. Settler-colonial white supremacy as both a structure of power and a symbolic order continues to determine, shape and organise the South African socio-economic, cultural, political, psychic and juridical landscape. This foregoing problem has remained largely unthought in the South African legal academy and therefore this research takes up the task of recalling the thought, memory and politics of Steve Biko in search of a critical and liberatory perspective that could counter dominant theoretical and jurisprudential accounts of the past and present. The study therefore explores Biko’s historical interpretation of the South African reality and his theorisation of concepts such race, identity and liberation and retrieves these in order to critique and contest both post-1994 law, society and jurisprudence as well as the faulty epistemological, historical, and ideological terms on which they are based. In the end, the study proposes to read Biko’s thought as standing in the guise of a jurisprudence of liberation or post-conquest jurisprudence which unsettles the very foundations of “post”-apartheid law and reason. Jurisprudence DPhil Unrestricted 2018-07-16T07:56:10Z 2018-07-16T07:56:10Z 2018/04/17 2017 Thesis Modiri, JM 2017, The jurisprudence of Steve Biko: A study in race law and power in the "afterlife" of colonial-apartheid, DPhil Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65693> A2018 http://hdl.handle.net/2263/65693 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Black Consciousness Post-”apartheid South Africa Critical race theory Steve Biko The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid |
| title | The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid |
| title_full | The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid |
| title_fullStr | The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid |
| title_full_unstemmed | The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid |
| title_short | The jurisprudence of Steve Biko : a study in race law and power in the "afterlife" of colonial-apartheid |
| title_sort | jurisprudence of steve biko a study in race law and power in the afterlife of colonial apartheid |
| topic | UCTD Black Consciousness Post-”apartheid South Africa Critical race theory Steve Biko |
| url | http://hdl.handle.net/2263/65693 |