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Aug 24, 2020 · Law is both a culprit and a potential remedy. It makes colonialism ‘speakable and unspeakable’ at the same time. 46 It has been used to legitimize empire and colonial exploitation. Throughout colonial history, natural law and ethnic and racial distinctions were used to legitimize colonialism.
- Carsten Stahn
- 2020
Sep 22, 2016 · This chapter argues that focusing upon the practices, as opposed to the ideologies, of the rule of law in the context of British colonialism can illuminate how the rule of law functions in shaping international political orders.
Oct 23, 2020 · This article focuses on the difficulties encountered by socio-legal researchers in approaching questions on law and history, with particular reference to choosing adequate methodologies. Drawing on her personal experience in researching colonial laws and questions on indigeneity, the author outlines established lines of thought while suggesting ...
- Nandini S. Boodia-Canoo
- 2020
Aug 24, 2020 · colonialism ‘ speakable and unspeakable ’ at the same time. 46 It has been used to legitimize empire and colonial exploitation. Throughout colonial history, natural law and ethnic and racial...
- Carsten Stahn
With repartition as its prevalent feature, and considering the sparsity of underlying, common legal principles, colonial legal practice did not condense into what may be referred to as ‘international colonial law’. Yet, colonization gradually shifted the focus of international law away from Europe.
Apr 7, 2015 · It considers the ways in which studies of law and colonialism have characterized law as force, violence, and command. The chapter examines how scholars have reconceptualized law as a site of struggle, resistance, and subversion.
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Mar 29, 2019 · Today, the colonial structures have been dismantled and the doctrine of the equality of states is an accepted statute in the international legal order, but does this mean that colonialism no longer exerts over influential law?
