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This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.
This book explores strategies, approaches, tools, challenges, and reflections that animate the conversation around decolonisation in UK law schools. It investigates how we can have, within the UK law school, difficult conversations about the ways in which history has influenced what the law is, how law is taught, what law is taught, who the law works for, and who the law does not work for. The conversation about decolonisation of the university and curricula continues to raise questions for knowledge production and transmission in educational institutions. Decolonisation also raises questions about the impact of the preceding issues on people within and outside these educational institutions. The decolonisation debate is an opportunity for legal academics to reflect on the origins of their own individual academic practices in research as well as the content of their curriculum. This volume examines the preceding issues as they relate to academic practices and legal pedagogy in UK law schools. The authors examine how legal scholars can achieve aims of decolonisation within the practical aims of teaching of law, as well as the limitations and possible challenges of these endeavours. This volume will be of interest to legal scholars, legal educators, law students as well as legal practitioners who are engaged in questions of how decolonisation relates to law – broadly understood. It was originally published as a special issue of The Law Teacher.
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Decolonizing the Academy asserts that the academy,is perhaps the most colonized space. At the same,time the academy is a place of knowledge and,transformation. As we move into the 21st century,it is becoming clear that the academy is one of,the primary sites for the production and,reproduction of ideas that serve the interests of,colonising powers. This collection of essays,argues the possibility of re-engaging the,decolonizing process at the level of knowledge and,asserts that this is an ongoing project worthy of,being undertaken in a variety of fields.
Using the theoretical tools drawn from historical materialism and deconstruction, Tzouvala offers a comprehensive history of the standard of civilisation.
The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.
This book argues that a view has taken root in Africa, which equates state-secularism to the aggressive removal of religion from the public sphere or even state ambivalence towards religious affairs. This view arises from a misguided interpretation of the practice of state-secularism particularly in France, Turkey and the US, which understanding is ill-suited for the sub-Sahara Africa's state-religion because the region boasts of at least three major religious traditions, African religion, Islam and Christianity, and blanket condemnation of public manifestation of religion or ambivalence towards it may offend the natural flourishing of this trinity and more. The contribution holds that most applications of state-secularism in Kenya, Nigeria and Uganda favour the Christian faith, which during its tumultuous experiences in Europe survived the enlightenment, the reformation and like experiences socialised to co-exist with what are now called secular states. Additionally, due to the long history of Christendoms in Europe, Christian principles penetrated the colonial legal systems that were bequeathed to Africa at independence and the sustenance of the colonial legacy means that the Abrahamic faith has an upper hand in the state-religion relations' contest. The obvious loser is African religion which has suffered major onslaughts since the colonial days.