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S-Term: Law, Lawyers, and Transformation in Democratic South Africa

Past Offerings

S-Term: Law, Lawyers, and Transformation in Democratic South Africa (5040): South Africa's transition to democracy in 1994 marked the formal end of the comprehensive political, economic, and social system of racial subordination known as apartheid. The country has changed dramatically since then, as the government has built several million new housing units, created social welfare systems, and created an array of government and private sector programs to combat discrimination and redress the effects of subordination. Yet the country remains among the most unequal in the world, with 64% of black South Africans living below the poverty line, compared to 1% of whites. Most non-white South Africans receive poor education, live in substandard housing, and have limited employment opportunities. In the last several years, discontent with the pace of economic and social transformation has sharpened, with many young people in particular arguing that the Mandela generation took an overly conciliatory approach to white privilege in the economy, society, and interpersonal relations. There is new dynamism at the top, too. Many South Africans have been disappointed in efforts by President, Cyril Ramaphosa (in office since 2018), to curtail corruption and expand redistributive economic and social policies. However, in 2024 the ruling African National Congress lost its parliamentary majority for the first time since 1994 and entered into a governing coalition with the centrist Democratic Alliance, which some see as likely to improve governance. (Others worry that it will tilt policy in favor of whites.) This course provides an opportunity to engage South Africa at this exciting historical moment, through intensive study during a week at Stanford and meetings with lawyers, activists, community members, and possibly students, journalists, and politicians during a week in Cape Town. We will focus on how lawyers are struggling for social justice and economic and social transformation--sometimes through ambitious arguments using South Africa's highly progressive constitution, but more often by supporting social movements day to day. Our learning will be grounded in specific cases, such as of the shack dwellers movement Abahlali baseMjondolo; Equal Education, an organization of high school-age students; and pioneering class actions on behalf of injured gold miners. These will enable us to explore various ways law and lawyers fit into social change, the challenges and rewards of such work, and how their perspectives overlap with and diverge from those of their clients. At the same time, we will draw connections between this work and the grand debates and historical arc described above. While comparing South Africa with the United States will not be a primary purpose of the course, we may well see interesting parallels and divergences, and will have some space to discuss those, among ourselves and perhaps with our South African interlocutors. The format of the course will be unusual: We will return to campus two weeks before the Fall quarter begins and spend the week of September 7 preparing intensively at Stanford (starting Monday, September 8). We will meet daily for approximately three hours of discussion, collaborative exercises, and some lecturing, as well as read assigned material outside class. We will (a) learn some essential background on apartheid; current legal, political, economic, and social conditions; and our case studies; (b) begin to analyze legal activism methods and the challenges of transformation; and (c) prepare topics and specific questions for our meetings in South Africa. Students will lead the meetings, with faculty in the background, so this preparation is an important part of their total work in the course. The following weekend we will fly to Cape Town, where we will spend the week of September 14 learning from visits to organizations and communities, and possibly one or two museums or other sites, as well as from discussions with a range of South Africans. We will return the weekend before the Fall quarter begins. The course grade will be based on two short papers due after our return, active in-class engagement with the assigned materials, and preparation for and participation in interviews during the trip. The course is open to rising 2Ls and 3Ls. CONSENT APPLICATION: To apply for this course, students must complete an application available at https://law.stanford.edu/education/international-and-global-opportunities/global-law-program/sls-in-south-africa/ BY MAY 7, 2025, AT 11:59 PM. (The application will be available starting April 14, 2025.) We highly recommend that you attend an information session on the course on Thursday, April 17, 2025, from 1 to 2 p.m. in Room 90, prior to applying. S-Term early start for Autumn Quarter.

Sections

S-Term: Law, Lawyers, and Transformation in Democratic South Africa | LAW 5040 Section 01 Class #1140

  • 3 Units
  • Grading: Law Honors/Pass/Restrd Cr/Fail
  • 2025-2026 Autumn
    Schedule No Longer Available
  • Enrollment Limitations: Consent 12
  • Learning Outcomes Addressed:
    • LO1 - Substantive and Procedural Law
    • LO2 - Legal Analysis and Reasoning
    • LO4 - Ability to Communicate Effectively in Writing
  • Course Category:
    • Comparative Law & International Law
    • Public Law

Notes: S-Term: Class meets September 8-21. Precise meeting schedule TBA by the instructors.

  • 2025-2026 Autumn
    Schedule No Longer Available
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