Re-Constituting the Hegemony of Western Law in the Third World: A Postcolonial Critique of Twining’s ‘General Jurisprudence’

Resource type
Author/contributor
Title
Re-Constituting the Hegemony of Western Law in the Third World: A Postcolonial Critique of Twining’s ‘General Jurisprudence’
Abstract
This essay will analyze William Twining’s work from a post-colonial perspective. It will be argued that Twining is constrained by the structural limitations inherent in his ‘general jurisprudence,’ reflected in three aspects of his analysis: firstly, Twining appears to disregard the imperialistic historical roots of the Western legal tradition. Secondly, Twining’s definition of globalization, which marginalizes the economic dimensions of globalization, fails to grasp the important historical role of capitalism in the emergence of globalization, and how this affects his very understanding of 'space' and 'proximity'. Finally, this essay will end with an examination of the relationship between the attainment of knowledge and power relations in the context of the Third World. It will be shown that Twining disregards how Western representations of non-Western legal traditions could eventually develop into a discourse that ultimately perpetuates new forms of domination.
Genre
SSRN Scholarly Paper
Archive ID
4165141
Place
Rochester, NY
Date
2013-06-17
Accessed
8/1/24, 9:46 PM
Short Title
Re-Constituting the Hegemony of Western Law in the Third World
Language
en
Library Catalog
Social Science Research Network
Citation
Hammoudi, A. (2013). Re-Constituting the Hegemony of Western Law in the Third World: A Postcolonial Critique of Twining’s ‘General Jurisprudence’ (SSRN Scholarly Paper No. 4165141). https://papers.ssrn.com/abstract=4165141
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