oa African Yearbook of Rhetoric - The pigeonhole dictated by logos : behind the text in Volks v. Robinson

Volume 9 Number 1
  • ISSN : 2220-2188
  • E-ISSN: 2305-7785




It is a notorious fact that South African legal culture, underpinned as it is by a resilient mode of legal education that holds tenaciously to roots grown over the past 70 years, is extremely conservative.1 Generations of law students have been told that the objective of legal education is that students must be taught to think like lawyers. In effect, that means that a law student must embrace a recognised and legitimate mode of reasoning and argument, one that can determine the source of legal authority, and adhere to expression that is restrained and subservient to established legal hierarchy. As Peter Goodrich has observed: ”If there was to be any empirical study of law, it was to be that of the objects of legal regulation, of the market, of economic actors and actions defined in terms of ideal types, rational action and pervasively hypothetical situations.”2

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