Postcolonialism, State and Law
Colonization went along with the imposition of legal institutions, legal thought and practices in the colonized areas, which continue to exist up until the present day. Thereby, indigenous practices of political representation and conflict resolution were systematically repressed. Europe forcefully imposed state structures and bureaucracies of western origin and presented them as part of its “civilising mission”. At the same time, these institutions functioned as an instrument for the economic exploitation of the colonized regions and served to strengthen the power of a minoritarian elite. The claimed universality of law helped to legitimize the project of colonialization. However, ever since the language of law was also a language of critique and a vehicle to demand a life in dignity and equality for those suppressed.
The research area “Postcolonialism, State and Law” investigates the violent origins of international law and legal institutions in postcolonial countries. Furthermore, it renders nation-based statehood problematic as a mechanism of domination and as a tool for the preservation of privileges even after formal decolonization. Finally, it studies indigenous legal practices as ways of decolonizing and reclaiming law.
Publications
2015
Dübgen, F. Grenzen der Vergebung?, in: polylog. Zeitschrift für interkulturelles Philosophieren 34/2015, S. 13-25.