Foundations Flashcards
Three progress reports on materiality, bodies and evidence
Jeffrey 2019a, b, 2020
Nomosphere (similar to lawscapes, Philoppoplous-Mihailopolous, 2014)
Delaney (2010)
Lawscape - law’s fear of space
Philoppopolous-Mihailopoulous (2014)
Becoming spatial detectives - law is not scared of space, it is selectively spatial in practice
Bennett & Layard (2015)
Overview of LG - law constitutes and is contingent. It names, classifies, rules and governs, calling into being entitities.
This is an ongoing, complex and contested process. A given legal event will not always result in the intended consequenceDelaney (2015a) Constitutivities
Delaney (2015)
Constitutivities, complexities and contingencies
A seminal call to rescale LG by using feminist geopolitics, which foregrounds micro-scales of the intimate and body.
Brickell & Cuomo (2019) Feminist geolegalities
Different legal orders clash and regulate the same space. This impacts the actual manifestation.
Robinson & Graham (2018) Legal pluralisms
The troubles of decolonising the law. The Whanganui River was granted personhood in 2017. Is this an example of decolonisation or does it further reify Western notions by its granting of rights? Recognition of legal pluralism is not the same as equality.
Charpleix (2018) Whanganui
This is an example of interlegality (Santos, 2002) which results in the blending of legal systems, not their layering (as legal pluralism would suggest)
Particularly significant is waterscapes - they ebb and flow compared to rigid legal system reliant on fixed territorial forms
Residents were unable to provide evidence of legal tenure due to fluidity of possession and left out of consultation processes
Gillepsie (2018)
Tonle Sap wetlands, central Cambodia
Wild Law - an approach which realigns human societies as part of a universal system of order encompassing non-human agents, breaking the nature/culture hierarchy.
Is this truly implementable since the defining and defence of non-human rights will necessarily become a political agenda?
Cullinan (2011)
Progress report arguing that LG’s key task is to locate injustice as it is enacted through legal spatialities
Delaney (2016)
Restructuring LG away from contingency orientation to more keenly attend to theorising structures of power. If we are overly contingent, we neglect the material bases of injustice and cannot harness the law for progressive change
Orzeck & Hae (2020)
South African legal scholar critiquing his university’s overreliance on Western positivist legal theories.
Differentiates between decolonisation of being (e.g. independence) and of knowledge (which has not been reached). A principal success of epistemological colonialism is to make the colonised think like the coloniser
Argues for pluriversality as the only true universality
Motshabi (2020) Decolonising knowledge
