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Decolonial comparative law: FAQ

In: A Research Agenda for Comparative Law

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  • Ralf Michaels

Abstract

Colonisation and colonialism have always been important objects of comparative law. Comparatists have explored indigenous laws and other normative systems in the colonies but decolonial comparative law (DCL) goes beyond these old boundaries. Accordingly, if colonial law was the object of decolonial comparative law, it would largely be historical. The starting point of DCL is different. It builds on the assumption that colonisation created modernity and coloniality as two inseparable sides of the same medal. Importantly, if we are modern, then we are at the same time colonial. Modernity is thus defined in differentiation not only from the (premodern) past, but also from the (nonmodern) other that is the non-European world. Consequently, if our law today is shaped by modernity then it is also shaped by coloniality. DCL is at the same time a research field and a process and a praxis.

Suggested Citation

  • Ralf Michaels, 2024. "Decolonial comparative law: FAQ," Chapters, in: Jaakko Husa (ed.), A Research Agenda for Comparative Law, chapter 4, pages 61-87, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22599_4
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035317509.00009
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    Law - Academic;

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