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The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.
The premise of this book is that legal theory in general, and critical legal theory in particular, do not facilitate the identification of choices being made in the different facets of law -- whether in the enacting, interpreting, administering or theorising of law.
The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.
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.
In this collection of case studies and stories from the field, South African scholars come together to trade stories on how to decolonise the university Shortly after the giant bronze statue of Cecil John Rhodes came down at the University of Cape Town, student protestors called for the decolonisation of universities. It was a word hardly heard in South Africa’s struggle lexicon and many asked: What exactly is decolonisation? This edited volume brings together the best minds in curriculum theory to address this important question. In the process, several critical questions are raised: Is decolonisation simply a slogan for addressing other pressing concerns on campuses and in society? What is the colonial legacy with respect to curriculum and can it be undone? How is the project of curriculum decolonisation similar to or different from the quest for postcolonial knowledge, indigenous knowledge or a critical theory of knowledge? What does decolonisation mean in a digital age where relationships between knowledge and power are shifting? The book combines strong conceptual analyses with novel case studies of attempts to ‘do decolonisation’ in settings as diverse as South Africa, Uganda, Tanzania and Mauritius. Such a comparative perspective enables reasonable judgements to be made about the prospects for institutional take-up within the curriculum of century-old universities.
This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.
Decolonizing "Prehistory"critically examines and challenges the paradoxical role that modern historical-archaeological scholarship plays in adding legitimacy to, but also delegitimizing, contemporary colonialist practices. Using an interdisciplinary approach, this volume empowers Indigenous voices and offers a nuanced understanding of the American deep past.
In Global Jurisprudential Apartheid in the Twenty-First Century: Universalism and Particularism in International Law, the contributors argue that the world is witnessing the formation of a global jurisprudential apartheid despite the promotion of democracy, equality, human rights, and humanitarianism. Examining organisations such as international criminal courts, the World Trade Organisation, the United Nations Security Council, the International Monetary Fund, and the World Bank, the contributors unpack the challenges of global jurisprudential apartheid. In particular, they analyse the ways in which these organizations hold and contribute to the increasing inequalities between the Global North and the Global South. Ultimately, Global Jurisprudential Apartheid in the Twenty-First Century shows that globalisation is a variant of the apartheid era particularism and not universalism, working to advantage the Global North while disadvantaging the Global South under the pretense of humanitarianism.
This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.
This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.