1. Etienne Mureinik, ‘Dworkin and Apartheid,’ in Hugh Corder (ed.), Essays On Law & Social Practice in South Africa (1988) 181, at 182.
2. See Sandy Liebenberg, Identifying Violations of Socio-Economic Rights Under the South African Constitution—The Role of the South African Human Rights Commission, report published by the Women & Human Rights Project, Community Law Centre, University of the Western Cape (May 1997), at pages 23–26.
3. The ‘critical’ theory of adjudication sketched here is drawn largely from Duncan Kennedy's Critique of Adjudication, op. cit. note 4 supra. For an accessible introduction, see Duncan Kennedy, ‘Strategizing Strategic Behavior in Legal Interpretation,’ (1996) Utah Law Review 785 (hereinafter cited as Kennedy, ‘Strategizing’). See also, Duncan Kennedy, ‘The Stakes of Law, or Hale and Foucault!’ in Sexy Dressing Etc. (1993); and, ‘Freedom and Constraint in Adjudication: A Critical Phenomenology,’ 36 Journal of Legal Education 518 (1986).