Regswetenskap en regsfilosofie: ’n onontkombare vennootskap


In this article the relationship between legal philosophy and legal science is compared with that of a partnership which implies that the partners have distinct reciprocal duties. In such a partnership a reformational approach in legal philosophy has the task of convincing other legal scientists that the former can make a meaningful contribution towards raising the level of legal research and education. This does not mean that legal scientists have to become legal philosophers; they do however, have the responsibility to take cognisance of important basic theoretical insights developed by a reformational legal philosophy. Such an approach could preclude them from attempts to reinvent the legal philosophical wheel, especially if they are prepared to stand on the shoulders of a long array of legal philosophical giants. The application of basic concepts of a reformational legal philosophy should, however, be done in a creative way in order to prevent them from becoming epigones. The danger of legal philosophical systematics becoming an intellectual straitjacket could only be avoided if it remains open (i) towards its own presuppositions, (ii) towards legal reality encompassing positive law and legal principles, (iii) towards other legal theories and (iv) towards other relevant disciplines. Furthermore, the possibility of a secularization of the contributions of a reformational legal philosophy is discussed. In conclusion the need for the acceptance of dynamic supra-arbitrary legal principles and possible contributions of a reformational legal philosophy accepting them, is underlined.

Copyright information

  • Ownership of copyright in terms of the Work remains with the authors.
  • The authors retain the non-exclusive right to do anything they wish with the Work, provided attribution is given to the place and detail of original publication, as set out in the official citation of the Work published in the journal. The retained right specifically includes the right to post the Work on the authors’ or their institutions’ websites or institutional repository.

Publication and user license

  • The authors grant the title owner and the publisher an irrevocable license and first right and perpetual subsequent right to (a) publish, reproduce, distribute, display and store the Work in  any form/medium, (b) to translate the Work into other languages, create adaptations, summaries or extracts of the Work or other derivative works based on the Work and exercise all of the rights set forth in (a) above in such translations, adaptations, summaries, extracts and derivative works, (c) to license others to do any or all of the above, and (d) to register the Digital Object Identifier (DOI) for the Definitive Work.
  • The authors acknowledge and accept the user licence under which the Work will  be published as set out in (Creative Commons Attribution License South Africa)
  • The undersigned warrant that they have the authority to license these publication rights and that no portion of the copyright to the Work has been assigned or licensed previously to any other party.

Disclaimer: The publisher, editors and title owner accept no responsibility for any statement made or opinion expressed by any other person in this Work. Consequently, they will not be liable for any loss or damage sustained by any reader as a result of his or her action upon any statement or opinion in this Work. 
In cases where a manuscript is NOT accepted for publication by the editorial board, the portions of this agreement regarding the publishing licensing shall be null and void and the authors will be free to submit this manuscript to any other publication for first publication.

Our copyright policies are author-friendly and protect the rights of our authors and publishing partners.