Legal Philosophy in South Africa

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

South African legal philosophy engages with fundamental questions about the nature, purpose, and operation of law within the unique context of a society transitioning from apartheid to constitutional democracy. The field is characterised by the concept of transformative constitutionalism, the integration of ubuntu jurisprudence, debates about legal interpretation, and the reconciliation of legal pluralism with constitutional supremacy.

Transformative Constitutionalism

Transformative constitutionalism, a concept developed by South African legal scholar Karl Klare, describes the project of using law to facilitate large-scale social change. The 1996 Constitution is understood as a transformative document, committed to healing the divisions of the past and establishing a society based on democratic values, social justice, and fundamental human rights. Transformative constitutionalism requires courts to interpret the Constitution in a way that advances these substantive commitments.

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Legal Philosophy in South Africa

Introduction

Transformative Constitutionalism