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 Professor Stu
Woolman
Elizabeth
Bradley Chair of Ethics,
Governance and Sustainable Development,
University
of the Witwatersrand; and
Academic
Director, South African Institute for Advanced Constitutional,
Public, Human Rights and International Law, holds
degrees in philosophy - Wesleyan (BA)(Hons), Columbia (MA)
- and law - Columbia (JD), Pretoria (LLD). Stu is the creator, the
editor-in-chief and primary author of the 5 volume treatise, Constitutional
Law of South Africa (2nd Edition, 2008, Revised 2013) and the
founding/managing editor of the Constitutional Court Review.
He is the author of two monographs: The Selfless Constitution:
Experimentalism and Flourishing as Foundations of South Africa's
Basic Law (2013); and The Constitution in the Classroom:
Law and Education in South Africa, 1994 - 2008(2009) and
co-author/co-editor of several collections: Constitutional
Conversations (2008); The Business of Sustainable
Development in Africa (2009); Is This Seat Taken?
(2012); and The Dignity Jurisprudence of the Constitutional
Court of South Africa (2013). In over 100 journal articles and
book chapters, Professor Woolman's publications traverse such
varied subject matter as institutional constitutional law, bill of
rights analysis, jurisprudence, applied analytic and empirical
philosophy, education policy, HIV/AIDs law, consciousness studies,
social capital theory, patent thickets, development economics,
psychoanalytic theory, international human rights codes, sexual
slavery, forced labour, refugee and immigration law, corporate
social responsibility and alternative business models. The quality
and the importance of his research has previously received recognition
by the University of the Witwatersrand (Vice-Chancellor's
(Sellschop) Award for Best Researcher under 40, 1996), the
University of Pretoria (Extraordinary University Researcher, 2007)
and the University of South Africa (Best Book of 2009). In
addition to his private commercial practice, Stu has worked for
the United Nations Human Rights Committee, the Goldstone
Commission of Inquiry into Public Violence and Intimidation, the
Centre for Human Rights and Morningside Heights Family Legal
Services. He has taught at the University of Pretoria Faculty of
Law, the University of the Witwatersrand School of Law and
Columbia Law School.
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Journal Articles |
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'Moral Luck:
Exploiting South Africa's Policy Environment to Produce a
Sustainable National ART Programme' (2006) South African
Journal on Human Rights 337 - 379
(With Courtenay Sprague) This
article describes the socio-economic framework necessary to
create a sustainable supply of ARTs necessary for a free
National Anti-Retroviral Treatment Programme. It suggests a
way of addressing the pandemic that is not entirely contingent
upon extant government policy or the execution of that policy.
The fieldwork for this article led to four subsequent
empirically grounded pieces on related subject matter and
provides the basis for a potential monograph: Women,
Development and HIV/AIDS.
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'The Amazing,
Vanishing Bill of Rights' (2007) South African Law Journal
762 - 794
On occasion, it's more
important to be interesting than entirely right. This article
caught fire amongst academics, jurists and students alike.
It channels shared concerns amongst a close community of
court-watchers at specific moment in time about a brace of cases. The piece drew fire
from Frank Michelman in the lead essay of the 2008
Constitutional Court Review. Professor Michelman's riposte led
to a subsequent colloquy in South African Public Law (2010)
and the collection Is This Seat Taken? (2012). That colloquy,
and my concessions, narrowed the critical bite of difference
between us. However, the original piece still taps a concern
amongst academics and judges about the thinness of 'some'
Constitutional Court judgments: a thinness that may leave the
law too uncertain for all of us who must follow its dictates.
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'Evidence of Patent
Thickets in Complex Biopharmaceutical Technologies' (2013) 53
IDEA: The International Journal of Intellectual Property
1 - 25
(First Author, with Eliot
Fishman & Michael Fisher) This article constitutes my initial
foray into 'patent thickets' - a legal subset of anti-commons
theory. The empirical database upon which we drew enabled us
to assess the degree to which new biopharmaceutical
technologies - subject to 0 to 4 licensing agreements - are
likely to become downstream, commercially viable products.
More importantly, the work's theoretical framework will enable
me to compare the strength of patent law regimes in different
jurisdictions - ie, South Africa and France -- and determine
the extent to which these regimes enhance or diminish
innovation in complex biopharmaceutical technologies.
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Critical Praise for Books by Stu Woolman
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Peer Review of The Selfless Constitution
(2014) 130 South African Law Journal 208
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Peer Review of The Selfless Constitution in the (2014) Stellenbosch Law Review
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Peer Review of The Constitution in the Classroom in (2009) Perspectives in Education
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Peer Review of The Constitution in the Classroom in (2009) in the South African Law Journal
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| Books and Publications |
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| S Woolman & M Bishop (eds) Constitutional Law
of South Africa, 2nd Edition (Revised 2013)
Creator, editor-in-chief and
primary author of the most widely cited work on the subject by
the courts and the academy, domestically and internationally.
This five volume, 77 chapter, 5500 page treatise is available
on and through Amazon.com, Westlaw International, and Juta
Law. Go to the website
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| S
Woolman The Selfless Constitution: Experimentalism and
Flourishing as Foundations of South Africa's Basic Law
(2013)
This monograph first
challenges readers to do something difficult indeed: forego the
metaphysics and the politics of 'free will'. After weaving
together recent revelations in neuroscience, empirical
philosophy, behavioural psychology, social capital theory and
development economics, the book contends that only a politics
that promotes experiments in living and the enhancement of
individual capabilities is likely to produce the egalitarian
pluralist order to which our Constitution aspires. By
refracting our lawmakers' policies and our courts' decisions
through the linked lens of experimentalism and flourishing,
the book shows readers just how far we South Africans have
come, and how far we still have to go. Available at Amazon.com
and Juta Law. Go to the website
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| S Woolman & B Fleisch The Constitution in the
Classroom: Law & Education in South Africa, 1994 - 2008 (2009)
This monograph looks at six
discrete subjects - school choice, school fees, the right to
an adequate education, single medium public schools, school
governing bodies, and independent schools - and attempts to show
how a multidisciplinary approach to the subject matter takes
us beyond arid, formalistic debates and provides a window on
to how our system of education can negotiate the competing
egalitarian, utilitarian, democratic and communitarian
commitments manisest in our Constitution and other superordinate
legislation. Available at Amazon.com and Pretoria University
Law Press.
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Hamann, S Woolman & C Sprague (editors/authors) The
Business of Sustainable Development in Africa: Human Rights,
Partnerships & Alternative Business Models (2009)
Winner of the 2010
Hindiggh-Currie Award for Best Book, this collection,
underwritten by the United Nations Development Programme,
illustrates how the UN Global Compact and the UN Millennium
Goals, can be partially met by (a) novel multi-stakeholder,
for-profit business models and (b) voluntary adherence to
codes that promote human rights. The critical essays and the
case studies provide some evidence that these polycentric
arrangements and public commitments can change the way firms
operate and extend the range of public goods that they provide.
Available at Amazon.com and United Nations University Press.
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S Woolman & D Bilchitz (editors/authors) Is
This Seat Taken? Conversations at the Bar, the Bench and the
Academy about the South African Constitution (2012)
These 8 spirited
colloquies canvass issues often left unaddressed by legal
scholars: animal rights, the relationship between theory and
practice, the compatibility of western and African ethics, the
extent to which sacred laws ought to be reshaped in the domain
of the profane, the politics of patriotism and nationalism, and
the degree to which we must credit the utterances of others as
both meaningful and true. Available at Amazon.com and Pretoria
University Law Press.
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| NRF Rating Application Free Text Boxes |
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Academic Biography
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Self-Assessment of
Research
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Brief Description of
Research
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Ongoing and Planned
Future Research
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Citations in South
African Apex Courts and Leading South African Journals
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