Decolonial Comparative Law: A Conceptual Beginning
Rabel Journal of Comparative and International Private Law (RabelsZ), Vol. 86, No. 1, pp. 166-188, January 2022
25 Pages Posted: 26 Jan 2022
This article introduces the intellectual motivations behind the establishment of the Decolonial Comparative Law research project. Beginning with an overview of the discipline of comparative law, we identify several methodological impasses that have not been resolved by previous critical approaches. We then introduce decolonial theory, generally, and decolonial legal studies, specifically, and argue for a decolonial approach to comparative law. We explain that decoloniality’s emphasis on delinking from coloniality and on recognizing pluriversality can improve on some problematic and embedded assumptions in mainstream comparative law. We also provide an outline of a conceptual beginning for decolonial approaches to comparative law.
Note: This article is published in the Max Planck Private Law Research Paper Series with the permission of the rights owner, Mohr Siebeck. All full-text Rabel Journal articles are available via pay-per-view or subscription at Mohr Siebeck's website.
Keywords: Decolonial comparative law, Comparative law method, Decolonial theory, Pluriversality, Coloniality, Decolonial legal theory
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