Postcolonial Theory and Law: A Critical Introduction

Abstract

The purpose of this article is to encourage legal scholars to engage more actively with postcolonial discourse. To this end, the article will outline key concepts in postcolonial theory — such as colonialism, imperialism, decolonisation and neo-colonialism, and will also trace the work of major theorists in this area — Frantz Fanon, Homi Bhabha, Gayatri Spivak, and Edward Said. As this article presents itself as a contribution to the study of postcolonial theory and the law, it will focus on contemporary developments in Australian law reform. Specifically, the article will discuss the Law Reform Commission of Western Australia’s Final Report on Aboriginal Customary Laws.

JEL Classification: K00