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.

The universal promise of contemporary international law has long inspired countries of the Global South to use it as an important field of contestation over global inequality. Taking three central examples, Sundhya Pahuja argues that this promise has been subsumed within a universal claim for a particular way of life by the idea of 'development'. As the horizon of the promised transformation and concomitant equality has receded ever further, international law has legitimised an ever-increasing sphere of intervention in the Third World. The post-war wave of decolonisation ended in the creation of the developmental nation-state, the claim to permanent sovereignty over natural resources in the 1950s and 1960s was transformed into the protection of foreign investors, and the promotion of the rule of international law in the early 1990s has brought about the rise of the rule of law as a development strategy in the present day.

This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.

"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.

Sociology, as a discipline, was born at the height of global colonialism and imperialism. Over a century later, it is yet to shake off its commitment to colonial ways of thinking. This book explores why, and how, sociology needs to be decolonized. It analyses how sociology was integral in reproducing the colonial order, as dominant sociologists constructed theories either assuming or proving the supposed barbarity and backwardness of colonized people. Ali Meghji reveals how colonialism continues to shape the discipline today, dominating both social theory and the practice of sociology, how exporting the Eurocentric sociological canon erased social theories from the Global South, and how sociologists continue to ignore the relevance of coloniality in their work. This guide will be necessary reading for any student or proponent of sociology. In opening up the work of other decolonial advocates and under-represented thinkers to readers, Meghji offers key suggestions for what teachers and students can do to decolonize sociology. With curriculum reform, innovative teaching and a critical awareness of these issues, it is possible to make sociology more equitable on a global scale.

European colonization of other continents has had far-reaching and lasting consequences for the construction of childhoods and children’s lives throughout the world. Liebel presents critical postcolonial and decolonial thought currents along with international case studies from countries in Africa, Latin America, and former British settler colonies to examine the complex and multiple ways that children throughout the Global South continue to live with the legacy of colonialism. Building on the work of Cannella and Viruru, he explores how these children are affected by unequal power relations, paternalistic policies and violence by state and non-state actors, before showing how we can work to ensure that children’s rights are better promoted and protected, globally.

Discussion and analysis of the foundation cases in American Indian Law and cases that followed.