Law and Decolonization. Genealogy of law as a colonial dispositif and counter-hegemonic potentialities

Identifier:  TFG:4064

Handle: https://hdl.handle.net/20.500.11797/TFG4064

Authors:  Szpiga Montenegro, Amadeo

Abstract:
In this paper we strive to answer a central question within the debate between law and decolonization: can the law be emancipatory? Starting from the epistemic proposals of postcolonialisms, we carry out a genealogy of the modern law, we advocate its central role in the legitimation of the modern/colonial world-system and we analyze the concept of ‘coloniality of law’. Following Foucault, we propose that law constitutes a dispositif of coloniality, which always seeks its own expansion and that acts in a disciplinary manner, producing subjects of, in this case, colonial governmentality. Finally, we answer the initial question, recognizing that decolonization will imply a withering away of law, but that in this process resides the last counter-hegemonic potentiality of law: a decolonial juridical form.