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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: Boaventura de Sousa Santos
Publisher: Taylor & Francis
ISBN: 1000914097
Category : Political Science
Languages : en
Pages : 355
Get Book Here
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: Charles Parkinson
Publisher: Oxford University Press
ISBN: 0199231931
Category : History
Languages : en
Pages : 314
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Book Description
"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.
Author: Sujith Xavier
Publisher: Routledge
ISBN: 100039655X
Category : Law
Languages : en
Pages : 282
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Book Description
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.
Author: Abdullahi Ahmed An-Naim
Publisher: Cambridge University Press
ISBN: 1108417132
Category : Law
Languages : en
Pages : 157
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Book Description
This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.
Author: A. Dirk Moses
Publisher: Cambridge University Press
ISBN: 1108479359
Category : History
Languages : en
Pages : 449
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Book Description
Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
Author: Barbara Adam
Publisher: John Wiley & Sons
ISBN: 0745669395
Category : Social Science
Languages : en
Pages : 346
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Book Description
Time is at the forefront of contemporary scholarly inquiry across the natural sciences and the humanities. Yet the social sciences have remained substantially isolated from time-related concerns. This book argues that time should be a key part of social theory and focuses concern upon issues which have emerged as central to an understanding of today's social world. Through her analysis of time Barbara Adam shows that our contemporary social theories are firmly embedded in Newtonian science and classical dualistic philosophy. She exposes these classical frameworks of thought as inadequate to the task of conceptualizing our contemporary world of standardized time, computers, nuclear power and global telecommunications.
Author: Amy Swiffen
Publisher: University of Toronto Press
ISBN: 1487560982
Category : Law
Languages : en
Pages : 236
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Book Description
As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.
Author: Philipp Dann
Publisher:
ISBN: 0198850409
Category : Law
Languages : en
Pages : 321
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Book Description
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction of public law. As political actors and the people who create or modify their constitutional orders, they often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction have only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public law. Book jacket.
Author: Allison Weir
Publisher: Oxford University Press
ISBN: 0197507948
Category : Philosophy
Languages : en
Pages : 313
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Book Description
Freedom is celebrated as the definitive ideal of modern western civilization. Yet in western thought and practice, freedom has been defined through opposition to the unfreedom of most of the world's people. Allison Weir draws on Indigenous political theories and practices of decolonization in dialogue with western theories, to reconstruct a tradition of relational freedom as a distinctive political conception of freedom: a radically democratic mode of engagement and participation in social and political relations with an infinite range of strange and diverse beings perceived as free agents in interdependent relations in a shared world.
Author: Jonathan Havercroft
Publisher: Cambridge University Press
ISBN: 1009322559
Category : Political Science
Languages : en
Pages : 287
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Book Description
Post-truth politics is both a result of a democratic culture in which each person is encouraged to voice their opinion, and a threat to the continuation of democracy as partisans seek to deny political standing to those with incommensurate world views. Are there resources within political theory for overcoming this tension? This book argues that Stanley Cavell's philosophy provides a conceptual framework for responding to post-truth politics. Jonathan Havercroft develops an original interpretation of Stanley Cavell as a theorist of democratic perfectionism. By placing Cavell's writings in conversation with political theorists on debates about the social contract, interpretive methods, democratic theory and political aesthetics, Stanley Cavell's Democratic Perfectionism cultivates modes of responsiveness that strengthen our democratic culture and help us resist the contemporary crisis of democratic backsliding. Each chapter diagnoses a sceptical crisis in contemporary politics and a mode of responsiveness in Cavell's thought that can respond to that crisis.
