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Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 100935356X
Category : Law
Languages : en
Pages : 823
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Book Description
Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination – capitalism, colonialism, and patriarchy – to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.
Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 100935356X
Category : Law
Languages : en
Pages : 823
Get Book
Book Description
Modern state law excludes populations, peoples, and social groups by making them invisible, irrelevant, or dangerous. In this book, Boaventura de Sousa Santos offers a radical critique of the law and develops an innovative paradigm of socio-legal studies which is based on the historical experience of the Global South. He traces the history of modern law as an abyssal law, or a kind of law that is theoretically invisible yet implements profound exclusions in practice. This abyssal line has been the key procedure used by modern modes of domination – capitalism, colonialism, and patriarchy – to divide people into two groups, the metropolitan and the colonial, or the fully human and the sub-human. Crucially, de Sousa Santos rejects the decadent pessimism that claims that we are living through 'the end of history'. Instead, this book offers practical, hopeful alternatives to social exclusion and modern legal domination, aiming to make post-abyssal legal utopias a reality.
Author: Boaventura de Sousa Santos
Publisher: Paradigm Pub
ISBN: 9781612055459
Category : Political Science
Languages : en
Pages : 240
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Book Description
This book explores the concept of 'cognitive injustice': the failure to recognise the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. Boaventura de Sousa Santos shows why global social justice is not possible without global cognitive justice.Santos argues that Western domination has profoundly marginalised knowledge and wisdom that had been in existence in the global South. She contends that today it is imperative to recover and valorize the epistemological diversity of the world.Epistemologies of the South outlines a new kind of bottom-up cosmopolitanism, in which conviviality, solidarity and life triumph against the logic of market-ridden greed and individualism.
Author: Boaventura de Sousa Santos
Publisher: Cambridge University Press
ISBN: 1107157846
Category : Law
Languages : en
Pages : 699
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Book Description
In a period of paradigmatic transition, Toward a New Legal Common Sense aims to devolve to law its emancipatory potential.
Author: Boaventura de Sousa Santos
Publisher: Routledge
ISBN: 1317260333
Category : Political Science
Languages : en
Pages : 301
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Book Description
This book explores the concept of 'cognitive injustice': the failure to recognise the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. Boaventura de Sousa Santos shows why global social justice is not possible without global cognitive justice. Santos argues that Western domination has profoundly marginalised knowledge and wisdom that had been in existence in the global South. She contends that today it is imperative to recover and valorize the epistemological diversity of the world. Epistemologies of the South outlines a new kind of bottom-up cosmopolitanism, in which conviviality, solidarity and life triumph against the logic of market-ridden greed and individualism.
Author: Mathias Siems
Publisher: Cambridge University Press
ISBN: 1108906877
Category : Law
Languages : en
Pages : 1362
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Book Description
Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
Author: Siddharth Peter de Souza
Publisher: Cambridge University Press
ISBN: 1316514897
Category : Law
Languages : en
Pages : 288
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Book Description
It pluralises the conversation around legal indicators by considering the diversity of law and legal institutions in the Global South.
Author:
Publisher: Oxford University Press
ISBN: 0198899432
Category : Law
Languages : en
Pages : 353
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Book Description
This book takes an unflinching look at the roles and functions played by the idea of universality in international legal discourses, as well as the narratives of progress that often accompany it. In doing so, it provides a critical appraisal of the mechanisms of inclusion and exclusion attendant to international law and its universalist discursive strategies. Universality is therefore not reduced to the question of the geographical outreach of international law but is instead understood in terms of boundaries. This entails examining how the idea of universality was developed in the dominant vernaculars of international law - primarily English and French - before being universalised and imposed upon international lawyers from all traditions. This analysis simultaneously offers an opportunity to revisit the ideologies that constitute the identity of international lawyers today, as well as the socialisation and legal educational processes that international lawyers undergo. With an emphasis on the binaries that arise from the invocation of the idea of universality in international legal discourses, this book sheds new light on the idea of universality as a fraught site of contestation in international legal discourses.
Author: Boaventura de Sousa Santos
Publisher: Routledge
ISBN: 1000704939
Category : Social Science
Languages : en
Pages : 302
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Book Description
In a world overwhelmingly unjust and seemingly deprived of alternatives, this book claims that the alternatives can be found among us. These alternatives are, however, discredited or made invisible by the dominant ways of knowing. Rather than alternatives, therefore, we need an alternative way of thinking of alternatives. Such an alternative way of thinking lies in the knowledges born in the struggles against capitalism, colonialism, and patriarchy, the three main forms of modern domination. In their immense diversity, such ways of knowing constitute the Global South as an epistemic subject. The epistemologies of the South are guided by the idea that another world is possible and urgently needed; they emerge both in the geographical north and in the geographical south whenever collectives of people fight against modern domination. Learning from and with the epistemic South suggests that the alternative to a general theory is the promotion of an ecology of knowledges based on intercultural and interpolitical translation.
Author: Boaventura de Sousa Santos
Publisher: Taylor & Francis
ISBN: 1000914097
Category : Political Science
Languages : en
Pages : 355
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Book Description
The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.
Author: Paul Schiff Berman
Publisher: Oxford University Press, USA
ISBN: 0197516742
Category : Law
Languages : en
Pages : 1133
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Book Description
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
