{"title":"Going Against the Grain – Justice Froneman as Subversive (Legal) Historian","authors":"K. van Marle","doi":"10.17159/1727-3781/2024/v27i0a16936","DOIUrl":null,"url":null,"abstract":"My tentative argument in this piece is that Justice Johan Froneman's engagement with history can be read as \"subversive\" and that this very subversiveness holds the possibility to destabilise legal culture and disclose possibilities for a \"rewriting\", a \"re-orientation\" of jurisprudence, and of law. I explore to what extent the way in which legal scholars, professionals and in particular judges invoke history and memory influences legal culture, and accordingly how we understand and do law.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"57 14","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2024-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Potchefstroom Electronic Law Journal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17159/1727-3781/2024/v27i0a16936","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
My tentative argument in this piece is that Justice Johan Froneman's engagement with history can be read as "subversive" and that this very subversiveness holds the possibility to destabilise legal culture and disclose possibilities for a "rewriting", a "re-orientation" of jurisprudence, and of law. I explore to what extent the way in which legal scholars, professionals and in particular judges invoke history and memory influences legal culture, and accordingly how we understand and do law.
期刊介绍:
PELJ/PER publishes contributions relevant to development in the South African constitutional state. This means that most contributions will concern some aspect of constitutionalism or legal development. The fact that the South African constitutional state is the focus, does not limit the content of PELJ/PER to the South African legal system, since development law and constitutionalism are excellent themes for comparative work. Contributions on any aspect or discipline of the law from any part of the world are thus welcomed.