Abstract

ABSTRACTSeven years on from its first ever democratic elections, South Africa is in the process of negotiating a transition, or rather a series of related and mutually imbricated transitions which combine in contemporary social conditions. This article sets out three ways in which South Africa can be regarded as transitional (the transitions are from apartheid to post-apartheid, modern to postmodern and colonial to postcolonial respectively) and demonstrates the way in which law informs or is interpellated by each. The article suggests that postmodernism offers both an epistemology and a formulation of justice which has a potentially salutary effect for the legal system's efforts at transforming itself and South African society in the direction of justice. The article is also concerned to defend postmodern jurisprudence against its critics, and most particularly against the recent criticisms of Dennis Davis.

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