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Books > Law > Jurisprudence & general issues > Comparative law
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Laws of the Postcolonial (Hardcover)
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Laws of the Postcolonial (Hardcover)
Series: Law, Meaning & Violence
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Although postcolonialism is now the main mode in which the West's
relation to the "other" is critically explored, and although law
has been at the forefront of that very relation, a thorough
engagement between law and postcolonialism has not been pursued, in
part because this would drastically disrupt not just the persistent
orthodoxy of law and development but also the newly settled
consensus around legal globalization and international human rights
discourse. These essays break new ground in using the ideas of
postcolonialism in a critical analysis of the current consensus on
the international influence of Western law and on Western ideas of
law in general.
In perceptions of Western law there is an enduring disparity
between law's pervasive power and its fragility. Many of these
essays provide graphic accounts of law's tremendous shaping power
in that massive occidental movement which settled and unsettled the
globe. These accounts point to the West's encompassing and
transforming of other peoples and other legal systems in ways which
constitute and confirm the West in its own self-creation. Other
essays deal with situations "within" the West which show how its
identity is created, sustained, and also challenged in a constant
reference to those contrary "others" which a powerful law has
shaped and transformed. This challenge comes not least from the
resistance of those "others" --resistances that profoundly disrupt
the West and its law, revealing them as fractured at the seemingly
confident core of their own self-constitution.
Contributors include Antony Anghie, Rolando Gaete, Alan Norrie,
Dianne Otto, Paul Passavant, Jeannine Perdy, Colin Perrin, Annelise
Riles, Roshan de Silva, and John Strawson, in addition to the
editors.
Eve Darian-Smith is Assistant Professor of Anthropology, University
of California, Santa Barbara. Peter Fitzpatrick is Professor of
Law, Queen Mary and Westfield College, University of London.
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