Decolonisation And Legal Knowledge

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.

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.

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.