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Law and Justice in Colonies and ‘Post’-Colonies


Raza Saeed

Call for Papers

Abstracts may only be submitted via the Easy Chair system. They must be no longer than 300 words and must include your title, name and institutional affiliation and your email address for correspondence.

The deadline for the submissions is Monday 19 January 2015.

This theme will mainly focus on how the instrumentality of law was employed in the colonies to initiate and strengthen the control of the colonial regimes. Law in the context(s) of colonialism was inherently tied with the creation of a particular kind of knowledge – one based on classification, enumeration and creation of hierarchies of culture, power, customs and normative orders. This ‘violent’ and ‘totalising form of control’ (Dirks 1992) led not only to the fossilisation of local normative orderings, but also dramatically altered the nature of law and justice (as well as the state) in the colonies. This introduction of a particular colonial logic in relation to law and the state, arguably, did not end with the ‘de-colonial’ moment. Rather, some of the (quite strikingly similar) problems that we see today in post/former colonies have their roots in the legal and normative experiments that were carried out in these geographical locations during the colonial period.
In this regard, the theme will request scholars and researchers working in this field to approach the issue from a variety of standpoints. Possible topics might include: the colonial legal experiments; the encounters between local and colonial legal and normative orders; legal histories; gender, law and colonial; nature of the state in (pre/post)colonial environment; the creation and governance of the colonial subject; transplantation of law and justice from Metropole to the colony, and so on.

Session Programme (Papers and rooms are subject to change)

Tuesday: Session 1: Ramphal room 0.14

Session Title:

Papers: Legal instrumentalism in pre and post-¬‐Independent Zimbabwe: Assessing understandings of law by the State - David Hofisi

Legal Parenthood in Hindu Law - Padmapriya Srivathsa

From Colonialism to Coloniality: Deconstructing the Logic and Form of colonial law in British India - Raza Saeed

Tuesday: Session 2: Ramphal room 0.14

Session Title:

Papers: Invited Speaker (TBC)

Between ‘Activism’ and ‘Pragmatism’: The changing narrative of Public Interest Litigation in India and Judicial Meanderings of the Supreme Court - Jhuma Sen

Study of the Application of the Doctrine of Stare-‐Decisis in Some Islamic Law Cases in Northern Nigeria - Ahmed Salisu Garba

Wednesday: Session 3: Ramphal room 0.14

Session Title:

Papers: Post -colonial intervention: Victim Participation at the International Criminal Court – the real at The Hague and the impossibility to symbolize trauma - Gianna Magdalena Schlichte

Looking Backward for the Future of the Right to Development: Communitarian is as the ‘Old Wine in a New Bottle’ - Salim Bashir Magashi

Public trust in policing in Hong Kong - Maggy Lee and Michael Adorjan