The law is heavily implicated in creating, maintaining, and reproducing racialised hierarchies which bring about and preserve acute global disparities and injustices. This essential book provides an examination of the meanings of decolonisation and explores how this examination can inform teaching, researching, and practising of law. It explores the ways in which the foundations of law are entangled in colonial thought and in its [re]production of ideas of commodification of bodies and space-time. Thus, it is an exploration of the ways in which we can use theories and praxes of decolonisation to produce legal knowledge for flourishing futures.

This book focuses on the knowledge area of higher education governance, organisational dynamics, leadership and decolonisation. We have observed that governance discourse has been excluded in debates that concern the public good. The construct of public good seeks to support higher education that does not support a capitalist view of profit-making, arguably to respond to societal demands and needs such as developmental efforts through academic functions. Higher Education focuses on interconnected multi-disciplinary constructs, intending to provide services for the public good. The issue of public good is an interesting construct that puts universities on the spot since they are expected to be responsive to environmental changes and stakeholder needs through the functioning of accountable governance structures. These governance structures are compelled to comply with policy demands within external and internal environmental factors. This experience has exposed universities to systematic challenges that are local, regional and global, and which forces them to adapt while serving stakeholders and society. This book will also interrogate the governance of South African public universities in the post-decolonisation era and new demands from stakeholders.

Taking up the study of legal education in distinctly biopolitical terms, this book provides a critical and political analysis of resistance in the law school. Legal education concerns the complex pathways by which an individual becomes a lawyer, making the journey from lay-person to expert, from student to practitioner. To pose the idea of a biopolitics of legal education is not only to recognise the tensions surrounding this journey but also to recognise that legal education is a key site in which the subject engages, and is engaged by, a particular structure—and here the particular structure of the law school. This book explores the resistance to that structure, including: different ways in which law’s pedagogic structures might be incomplete, or are being fought against; the use of less conventional elements of cultural discourse to resist the abstraction of the lawyer in students’ subject formation; the centralisation of queer and feminist discourses to disrupt the hierarchies of the legal curriculum; the use of digital technologies; the place of embodiment in legal education settings; and the impacts of posthuman knowledges and contexts on legal learning. Assembling original, field-defining essays by both leading international scholars and emerging researchers, this book constitutes an indispensable resource in legal education research and scholarship that will appeal to legal academics everywhere.

This book offers an international breadth of historical and theoretical insights into recent efforts to "decolonise" legal education across the world. With a specific focus on post- and decolonial thought and anti-racist methods in pedagogy, this edited collection provides an accessible illustration of pedagogical innovation in teaching and learning law. Chapters cover civil and common law legal systems, incorporate cases from non-state Indigenous legal systems, and critically examine key topics such as decolonisation and anti-racism in criminology, colonialism and the British Empire, and court process and Indigenous justice. The book demonstrates how teaching can be modified and adapted to address long-standing injustice in the curriculum. Offering a systematic collection of theoretical and practical examples of anti-racist and decolonial legal pedagogy, this volume will appeal to curriculum designers and law educators as well as to undergraduate and post-graduate law level teachers and researchers.

This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.

In Global Jurisprudential Apartheid in the Twenty-First Century: Universalism and Particularism in International Law, the contributors argue that the world is witnessing the formation of a global jurisprudential apartheid despite the promotion of democracy, equality, human rights, and humanitarianism. Examining organisations such as international criminal courts, the World Trade Organisation, the United Nations Security Council, the International Monetary Fund, and the World Bank, the contributors unpack the challenges of global jurisprudential apartheid. In particular, they analyse the ways in which these organizations hold and contribute to the increasing inequalities between the Global North and the Global South. Ultimately, Global Jurisprudential Apartheid in the Twenty-First Century shows that globalisation is a variant of the apartheid era particularism and not universalism, working to advantage the Global North while disadvantaging the Global South under the pretense of humanitarianism.

This incisive book delineates the development of Law and Religion as a sub-discipline, critically reflecting on the author’s own role in constructing the field. It develops a subversive social systems theory in order to take both law and religion seriously and to challenge them equally.

This book covers original research on the implementation of open educational practices through the use of open educational resources at the university level. The emphasis on open education in this book is on contextualising resources, supporting student agency and fostering self-directed learning specifically within a South African milieu. The envisaged chapters cover conceptual and review research and empirical work focussing on open educational practices and the use of renewable assessments. The work starts off with an overview of an institutional-wide open education project that prompted the research followed by research on open education in terms of various modules in the health science, music education, law, philosophy, dietetics, anthropology, French language learning, journalism and political science. There is a clear gap in the literature on open education in terms of open educational practices, specifically in terms of contextualising resources, supporting student agency and fostering self-directed learning in a South African context. Despite the existence of some general works on open education in terms of policy, social justice and open textbooks, this book will be unique in exploring the intersections of openness, specifically with contextualisation, student agency and self-directedness.

How we interpret and understand the historical contexts of legal education has profoundly affected how we understand contemporary educational cultures and practices. This book, the result of a Modern Law Review seminar, both celebrates and critiques the lasting impact of Peter Birks’ influential edited collection, Pressing Problems in the Law: Volume 2: What is the Law School for? Published in 1996, his book addresses many critical issues that are hauntingly present in the 21st century, amongst them the impact of globalisation; technological disruption; and the tension inherent in law schools as they seek to balance the competing interest of teaching, research and administration. Yet Birks’ collection misses key issues, too. The role of wellbeing, of emotion or affect, the relation of legal education to education, the status of legal education in what, since his volume, have become the devolved jurisdictions of Northern Ireland, Wales and Scotland – these and others are absent from the research agenda of the book. Today, legal educators face new challenges. We are still recovering from the effects of the Covid-19 pandemic on our universities. In 1996 Birks was keen to stress the importance of comparative research within Europe. Today, legal researchers are dismayed at the possibility of losing valuable EU research funding when the UK leaves the EU, and at the many other negative effects of Brexit on legal education. The proposed Solicitors Qualifying Examination takes legal education regulation and professional learning into uncharted waters. This book discusses these and related impacts on our legal educations. As law schools approach an existential crossroads post-Covid-19, it seems timely to revisit Birks’ fundamental question: what are law schools for?

This book explores strategies, approaches, tools, challenges, and reflections that animate the conversation around decolonisation in UK law schools. It investigates how we can have, within the UK law school, difficult conversations about the ways in which history has influenced what the law is, how law is taught, what law is taught, who the law works for, and who the law does not work for. The conversation about decolonisation of the university and curricula continues to raise questions for knowledge production and transmission in educational institutions. Decolonisation also raises questions about the impact of the preceding issues on people within and outside these educational institutions. The decolonisation debate is an opportunity for legal academics to reflect on the origins of their own individual academic practices in research as well as the content of their curriculum. This volume examines the preceding issues as they relate to academic practices and legal pedagogy in UK law schools. The authors examine how legal scholars can achieve aims of decolonisation within the practical aims of teaching of law, as well as the limitations and possible challenges of these endeavours. This volume will be of interest to legal scholars, legal educators, law students as well as legal practitioners who are engaged in questions of how decolonisation relates to law – broadly understood. It was originally published as a special issue of The Law Teacher.