Help in the development of the law dugard blames

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help in the development of the law. Dugard blames legal positivism for the mechanical and wooden interpretation of statutes by courts, asserting that it would therefore be better if there were a clear set of norms against which the laws can be tested. 24 Proponents of transformative constitutionalism aver that a contemporary lawyer must be a social activist. Langa 25 identifies three ideas of transformation, that is economic transformation, a change in legal culture, and a third one which holds that transformation is a permanent ideal, a way of looking at the world that creates a space in which dialogue and contestation are truly possible, in which new ways of being are 22 Kroeze Legal philosophy 183. 23 Kroeze Legal philosophy 183. 24 Kroeze Legal philosophy 199. 25 Langa 2006 STELL LR 352.
constantly explored and created, accepted and rejected and in which change is unpredictable but the idea of change is constant. He adds that lawyers of today cannot be taught to blindly follow the law rather they should be taught to be social activists. With CLS as the method of teaching, law students will be able to be both social and political activists who will not blindly follow the law nor focus on the epistemological and fear the ontological aspects. Schlag points that the Constitution is the locus of much political and rhetorical contestation. Kroeze points that the central themes of critical theory are that law is an instrument of social, economic and political domination, that legal outcomes are the arbitrary whim or political bias of decisionmakers, and that rights are impotent to address social problems. 26 It is submitted that Schlag is correct in critiquing the religious like approach to legal studies wherein the constitution is viewed as infallible. CLS regard law as indeterminant, thus it yields contradictory and competing results, thus in this instance, no longer is it possible to maintain a naive idealism or materialism where normative conceptions such as justice, liberty, consent, or community either determine or are determined by the practices to which they ostensibly correspond. 27 Schlag is against Langdellian reduction of common law into certain principles and doctrines which are aimed at whittling down legal meaning. 28 Other scholars adds that the formalist approach to law is not reconcilable with what is expected of lawyers by the Constitution. 29 Lawyers of today are called upon to go beyond the enclave of practice and look at the society in context not as mono-factual. CLS are not nihilistic rather they advocate for the improvement of the way a law student is taught and views the law and the constitution. Crits see their task as exposing the problems and mistakes and then leaving it up to the genuine democratic process to solve that problem in a unique way.

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