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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/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 decolonization 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 theorical and
practical examples of antiracist and decolonial legal pedagogy,
this volume will appeal to curriculum designers and law educators
as well as at undergraduate and post-graduate law level teaching
and research.
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/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 decolonization 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 theorical and
practical examples of antiracist and decolonial legal pedagogy,
this volume will appeal to curriculum designers and law educators
as well as at undergraduate and post-graduate law level teaching
and research.
Questions of legal extraterritoriality figure prominently in
scholarship on legal pluralism, transnational legal studies,
international investment law, international human rights law, state
responsibility under international law, and a large number of other
areas. Yet many accounts of extraterritoriality make little effort
to grapple with its thorny conceptual history, shifting theoretical
valence, and complex political roots and ramifications. This book
brings together thirteen scholars of law, history, and politics in
order to reconsider the history, theory, and contemporary relevance
of legal extraterritoriality. Situating questions of
extraterritoriality in a set of broader investigations into
state-building, imperialist rivalry, capitalist expansion, and
human rights protection, it tracks the multiple meanings and
functions of a distinct and far-reaching mode of legal authority.
The fundamental aim of the volume is to examine the different
geographical contexts in which extraterritorial regimes have
developed, the political and economic pressures in response to
which such regimes have grown, the highly uneven distributions of
extraterritorial privilege that have resulted from these processes,
and the complex theoretical quandaries to which this type of
privilege has given rise. The book will be of considerable interest
to scholars in law, history, political science, socio-legal
studies, international relations, and legal geography.
Questions of legal extraterritoriality figure prominently in
scholarship on legal pluralism, transnational legal studies,
international investment law, international human rights law, state
responsibility under international law, and a large number of other
areas. Yet many accounts of extraterritoriality make little effort
to grapple with its thorny conceptual history, shifting theoretical
valence, and complex political roots and ramifications. This book
brings together thirteen scholars of law, history, and politics in
order to reconsider the history, theory, and contemporary relevance
of legal extraterritoriality. Situating questions of
extraterritoriality in a set of broader investigations into
state-building, imperialist rivalry, capitalist expansion, and
human rights protection, it tracks the multiple meanings and
functions of a distinct and far-reaching mode of legal authority.
The fundamental aim of the volume is to examine the different
geographical contexts in which extraterritorial regimes have
developed, the political and economic pressures in response to
which such regimes have grown, the highly uneven distributions of
extraterritorial privilege that have resulted from these processes,
and the complex theoretical quandaries to which this type of
privilege has given rise. The book will be of considerable interest
to scholars in law, history, political science, socio-legal
studies, international relations, and legal geography.
Methodologically and theoretically innovative, this monograph draws
from Marxism and deconstruction bringing together the textual and
the material in our understanding of international law. Approaching
'civilisation' as an argumentative pattern related to the
distribution of rights and duties amongst different communities,
Ntina Tzouvala illustrates both its contradictory nature and its
pro-capitalist bias. 'Civilisation' is shown to oscillate between
two poles. On the one hand, a pervasive 'logic of improvement'
anchors legal equality to demands that non-Western polities
undertake extensive domestic reforms and embrace capitalist
modernity. On the other, an insistent 'logic of biology' constantly
postpones such a prospect based on ideas of immutable difference.
By detailing the tension and synergies between these two logics,
Tzouvala argues that international law incorporates and attempts to
mediate the contradictions of capitalism as a global system of
production and exchange that both homogenises and stratifies
societies, populations and space.
In 1917, the October Revolution and the adoption of the
revolutionary Mexican Constitution shook the foundations of the
international order in profound, unprecedented and lasting ways.
These events posed fundamental challenges to international law,
unsettling foundational concepts of property, statehood and
non-intervention, and indeed the very nature of law itself. This
collection asks what we might learn about international law from
analysing how its various sub-fields have remembered, forgotten,
imagined, incorporated, rejected or sought to manage the
revolutions of 1917. It shows that those revolutions had
wide-ranging repercussions for the development of laws relating to
the use of force, intervention, human rights, investment, alien
protection and state responsibility, and for the global economy
subsequently enabled by international law and overseen by
international institutions. The varied legacies of 1917 play an
ongoing role in shaping political struggle in the form of
international law.
In 1917, the October Revolution and the adoption of the
revolutionary Mexican Constitution shook the foundations of the
international order in profound, unprecedented and lasting ways.
These events posed fundamental challenges to international law,
unsettling foundational concepts of property, statehood and
non-intervention, and indeed the very nature of law itself. This
collection asks what we might learn about international law from
analysing how its various sub-fields have remembered, forgotten,
imagined, incorporated, rejected or sought to manage the
revolutions of 1917. It shows that those revolutions had
wide-ranging repercussions for the development of laws relating to
the use of force, intervention, human rights, investment, alien
protection and state responsibility, and for the global economy
subsequently enabled by international law and overseen by
international institutions. The varied legacies of 1917 play an
ongoing role in shaping political struggle in the form of
international law.
Methodologically and theoretically innovative, this monograph draws
from Marxism and deconstruction bringing together the textual and
the material in our understanding of international law. Approaching
'civilisation' as an argumentative pattern related to the
distribution of rights and duties amongst different communities,
Ntina Tzouvala illustrates both its contradictory nature and its
pro-capitalist bias. 'Civilisation' is shown to oscillate between
two poles. On the one hand, a pervasive 'logic of improvement'
anchors legal equality to demands that non-Western polities
undertake extensive domestic reforms and embrace capitalist
modernity. On the other, an insistent 'logic of biology' constantly
postpones such a prospect based on ideas of immutable difference.
By detailing the tension and synergies between these two logics,
Tzouvala argues that international law incorporates and attempts to
mediate the contradictions of capitalism as a global system of
production and exchange that both homogenises and stratifies
societies, populations and space.
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