Social And Legal Theory In The Age Of Decoloniality

Right from the enslavement era through to the colonial and contemporary eras, Africans have been denied their human essence portrayed as indistinct from animals or beasts for imperial burdens, Africans have been historically dispossessed and exploited. Postulating the theory of global jurisprudential apartheid, the book accounts for biases in various legal systems, norms, values and conventions that bind Africans while affording impunity to Western states. Drawing on contemporary notions of animism, transhumanism, posthumanism and science and technology studies, the book critically interrogates the possibility of a jurisprudence of anticipation which is attentive to the emergent New World Order that engineers human beings to become nonhumans while nonhumans become humans. Connecting discourses on decoloniality with jurisprudence in the areas of family law, environment, indigenisation, property, migration, constitutionalism, employment and labour law, commercial law and Ubuntu, the book also juggles with emergent issues around Earth Jurisprudence, ecocentrism, wild law, rights of nature, Earth Court and Earth Tribunal. Arguing for decoloniality that attends to global jurisprudential apartheid., this tome is handy for legal scholars and practitioners, social scientists, civil society organisations, policy makers and researchers interested in transformation, decoloniality and Pan-Africanism.

First published in 2009. Routledge is an imprint of Taylor & Francis, an informa company.

Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Marxism and Decolonization in the 21st Century is a ground-breaking work that highlights the resurgence and insurgence of Marxism and decolonization, and the ways in which decolonization and decoloniality are grounded in the contributions of Black Marxism, the Radical Black tradition, and anti-colonial liberation traditions. Featuring leading and young scholars and activists, this book is a practical scholarly intervention that shows how democratic Marxism and decoloniality might converge to provoke planetary decolonization in the 21st century. At the centre of this process, enabled by both increasing human entanglements and the resilience of racism, the volume's contributors analyse converging forces of anti-imperialism, anti-colonialism, anti-patriarchy, anti-sexism, Indigenous People’s movements, eco-feminist formations, and intellectual movements levelled against Eurocentrism. This book will be of great interest to students, scholars, and intellectuals interested in Marxism, decolonization, and transnational activism.

The book exposes various mechanisms and methods by which covert colonial mechanisms are employed to perpetuate colonialism, especially in Africa. Less overt and more covert perpetuation of colonialism is done through the use of networks. The main achievement of the initial phase of colonialism was the establishment of networks that are nefarious and omnipresent; constituting “distributed presence,” which allows for “action at a distance.” As a result, colonial subjects became willing participants in these processes, unbeknownst to them, which perpetuated their own colonialism. The book exposes forms of colonialism where manufactured consent is used to perpetuate colonialism. Trapped in this capitalist, Western, Christian language and moral world order without sovereignty, African countries continuously sink deeper into the colonial quagmire.

This book argues that the fourth industrial revolution, the process of accelerated automation of traditional manufacturing and industrial practices via digital technology, will serve to further marginalise Africa within the international community. In this book, the author argues that the looting of Africa that started with human capital and then natural resources, now continues unabated via data and digital resources looting. Developing on the notion of "Coloniality of Data", the fourth industrial revolution is postulated as the final phase which will conclude Africa’s peregrination towards recolonisation. Global cartels, networks of coloniality, and tech multinational corporations have turned big data into capital, which is largely unregulated or poorly regulated in Africa as the continent lacks the strong institutions necessary to regulate the mining of data. Written from a decolonial perspective, this book employs three analytical pillars of coloniality of power, knowledge and being. Highlighting the crippling continuation of asymmetrical global power relations, this book will be an important read for researchers of African studies, politics and international political economy. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003157731, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Highlighting the problematiques of working with a narrow version of greenhouse effects or global warming, this book posits the theory of necroclimatism that encompasses broader versions of greenhouse effects and global warming. Conceiving cultures, societies, moral sensibilities, epistemologies, polities, economies, legal systems and religions of the formerly colonised peoples as greenhoused and entrapped in the heat of global apartheid and neo-colonialism, the book refuses to be confined to the pufferies of physical conceptualisations of greenhousing and global warming. Underlining the supposed disposability and dispensability of colonised peoples, the notion of necroclimatism explicates ways in which some people suffer various forms of death, which have increasingly become a feature of global apartheid and neo-colonialism that are cast in spectral sacrificial logics. Deemed to constitute disposable bodies, disposable cultures, disposable polities, disposable societies, disposable epistemologies, disposable religions, disposable laws and disposable economies, the sacrificed are, in the age of climate catastrophism, once again reminded that they have duties to die, to become extinct in order to save the global spaceship that is sinking due to climate change and global warming. This book therefore argues that in a sacrificial world (dis)order, binaries between humans and animals, good and evil, moral and immoral, the dead and the living necessarily vanish in the nefarious logic of what marks the era of climate catastrophism and the attendant necroclimatism. The book further argues that a sacrificial world (dis)order is necessarily a posthumanist and postanthropocentric world (dis)order, which should be never granted space in African worlds and even beyond. The book thus, raises fundamental questions for African anticipatory regimes, and for this reason it is handy for scholars in political science, sociology, social anthropology, development studies, environmental studies, agricultural studies, legal studies, food science, geography, religious studies and decolonial fields of studies.

Tracing recent bouts of globalised Mugabephobia to Robert Mugabes refusal to be neoimperially penetrated, this book juxtaposes economic liberalisation with the mounting liberalisation of African orifices. Reading land repossession and economic structural adjustment programmes together with what they call neoimperial structural adjustment of African orifices, the authors argue that there has been liberalisation of African orifices in a context where Africans are ironically prevented from repossessing their material resources. Juxtaposing recent bouts of Mugabephobia with discourses on homophobia, the book asks why empire prefers liberalising African orifices rather than attending to African demands for restitution, restoration and reparations. Noting that empire opposes African sovereignty, autonomy, and centralisation of power while paradoxically promoting transnational corporations centralisation of power over African economies, the book challenges contemporary discourses about shared sovereignty, distributed governance, heterarchy, heteronomy and onticology. Arguing that colonialists similarly denied Africans of their human essence, the tome problematises queer sexualities, homosexuality, ecosexuality, cybersexuality and humanoid robotic sexuality all of which complicate supposedly fundamental distinctions between human beings and animals and machines. Provocatively questioning queer sexuality and liberalised orifices that serve to divert African attention from the more serious unfinished business of repossessing material resources, the book insightfully compares Robert Gabriel Mugabe, Thomas Sankara and Julius Kambarage Nyerere who emphasised the imperatives of African autonomy, ownership, control and sovereignty over natural resources. Observing Africans interest in repossessing ownership and control over their resources, the book wonders why so much, queer, international attention is focused on foisting queer sexuality while downplaying more burning issues of resource repossession, human dignity, equality and equity craved by Africans for whom life is not confined to sexuality. With insights for scholars in sociology, development studies, law, politics, African studies, anthropology, transformation, decolonisation and decoloniality, the book argues that liberal democracy is a faade in a world that is actually ruled through criminocracy.