Garth Abraham
Jurisprudence: A South African Perspective by David Johnson, Steve Pete and Max du Plessis (Butterworths)
Following the inauguration of a chairperson in jurisprudence at the newly constituted University of London in 1826, law students the world over have had, in the estimation of their majority, to suffer within their academic curriculum a course on jurisprudence.
“How will the subject help me in my future career?” or, more honestly, “Will jurisprudence assist me in making money as a lawyer?” are questions teachers of the subject are obliged annually to deign with an answer.
The general antipathy toward the subject is all the more acute among South African students who are required, ordinarily, to consult texts prepared by academics living and writing in a social and cultural milieu very different to that of the vast majority of law students in this country.
Given the extent to which the ancient exchange on the nature of law between Creon and Antigone over the body of the dead Polynices has resonated with relevance in the legal history of South Africa over the past 100 years, this general antipathy is both saddening and short-sighted.
If any subject within the legal curriculum is to be accorded pride of place, that position must, surely, be given to jurisprudence? It is in their jurisprudence class that law students are encouraged sincerely to address the core concepts on which their chosen profession is founded.
In the contribution it makes overtly to present to South African students the relevance of jurisprudence to legal debate within this country, the recently published work of David Johnson, Steve Pete and Max du Plessis, Jurisprudence: A South African Perspective, is to be welcomed.
Divided into three parts, the work addresses the traditional topics covered in most jurisprudence classes: Western Traditions; Twentieth-Century Debates; and New Departures (in this third section African jurisprudence and feminist jurisprudence, among others, are addressed).
Within each part, the most significant individual thinkers are presented. Brief mention is made of personal circumstance and historical context before introducing the reader to the principal ideas of the thinker. The ideas, supported by substantial referencing to the relevant original published works, are rendered in a language and style appropriate for the average law student.
A question-and-answer format and the rendition of key words and phrases in bold print make for ready accessibility. This is particularly apposite for those students registered in the four-year undergraduate LLB programmes currently on offer at most South African universities, given that these students will have had little opportunity to joust in the realm of ideas.
Where this publication differs significantly from other similar works, though, is in its attempt directly to link the ideas presented to South African issues and debates. This innovative approach constitutes both the work’s strength and its weakness.
At times the link is direct and provocative; at others it is unconvincing and artificial. However, that the link encourages South African students to consider jurisprudential issues and their relevance is obvious.
Having managed successfully to reduce his class from one of capacity to a mere seven within the space of a few short years, a disillusioned John Austin, first incumbent of the chair of jurisprudence, resigned his post in 1835, choosing never to teach again. Armed with the work of Johnson et al it is anticipated that South African teachers of jurisprudence will valiantly stave off that stark prospect.
Garth Abraham is associate professor in the School of Law at the University of the Witwatersrand