The law should not merely be viewed as a set of rules citizens should adhere to, but be practised against the backdrop of ethical and moral issues in South Africa.

Professor Karin Van Marle of the Faculty of Law at the University of the Western Cape (UWC) advocated for this approach in the legal profession during her inaugural lecture recently.

For example, Prof Van Marle focused on ethical feminism in her lecture. It engaged with the call for gender equality from a critical theoretical perspective that challenged legal formalism and positivism.

She reflected, in her lecture, on her academic journey, her approach to jurisprudence, and her vision for future research.

Prof Van Marle’s lecture on jurisprudence interrogated the many facets of the philosophy of law and the notion that laws were based on inherent moral principles.

She said: “Often, when people talk about jurisprudence, as the jurisprudence of the court, it is only to refer to case law. When I talk about jurisprudence, I'm not referring to case law or merely the work that courts do.”

In discussing the challenges of transformation, she highlighted the difficulties in achieving ideals such as freedom, equality, dignity, social justice and democracy. For example, laws designed to reduce inequality often fail to recognise and embrace difference.

Her lecture advocated for a “minor jurisprudence” that resists the tyrannical tendencies of law and embraces plurality, relationality and the negotiation of meaning.

Those who take up the office of jurisprudence play a crucial role of not only shaping public perspectives but also in being aware that personal backgrounds can influence interpretations and decisions in the field of law. Narrative plays an important role in the making and application of law, she argued.

Professor Van Marle described jurisprudence as the consciousness and conscience of law. In doing so, she addressed the potential crisis in the humanities, emphasising the importance of protecting fields like philosophy and history from decline. She argued that these disciplines were essential for a well-rounded understanding of law and society.

Professor Van Marle’s lecture emphasised the importance of understanding law within a broader social and ethical context, of recognising biases, and promoting justice and equality. Her vision for jurisprudence is deeply connected to the humanities and committed to addressing the complex challenges of our time.

Professor Van Marle's research has focused on the possibilities and limitations of law in facilitating transformation. Her work has explored the role of interpretation, difference and co-habitance in addressing these challenges. Relying on the work of philosopher Hannah Arendt, Prof Van Marle also explores the potential for all thinking, including law and legal interpretation, to become tyrannical or oppressive, and ways to counter it.