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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Decolonisation, Anti-Racism, and Legal Pedagogy: Strategies, Successes, and Challenges

Edited by: Foluke I Adebisi, Suhraiya Jivraj, Ntina Tzouvala

ISBN13: 9781032498249
Published: December 2023
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £35.99



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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 level law teachers and researchers.

Subjects:
Legal Skills and Method
Contents:
Foreword 
Penelope Andrews
Introduction: Decolonisation, Anti-Racism, and Legal Pedagogy
Foluke Adebisi, Suhraiya Jivraj, and Ntina Tzouvala  

Part 1. Questioning the Decolonising Project in Law Schools: Limitations and Critique    
Chapter 1: Abolish the Law School: To Decolonise Is Disingenuous 
Phoebe Boateng, Aysha Mazhar, and Sophia Hayat Taha
Chapter 2: The Pedagogy of Memory and Forgetfulness: A Critical Review of Selected Aspects of the LLB Curriculum in South Africa 
Ntando Sindane
Chapter 3: The Recognition of Pasifika Decolonial Pedagogies as Inclusive Practice in Law Schools and Critical Legal Scholarship
Bridget Fa'amatuainu 

Part 2. Private Law: Teaching Obligations and Property 
Chapter 4: Decolonizing Objective Theory: Race and Coloniality in US Contract Law 
Chaumtoli Huq 
Chapter 5: Degrees of Coloniality: Rethinking Property Law in (Northern) Ireland
Amanda Kramer and Alice Panepinto
Chapter 6: Teaching Property Critically in Disparate Parts of the Former British Empire
Cristy Clark, Sarah Keenan, and John Page
Chapter 7: Towards Decolonising the Ordinary Person Test in Legal Education
Fady Aoun, Louise Boon-Kuo, and Tanya Mitchell 
Chapter 8: Reinventing Wrongs: A Subversive, Anti-Racist Pedagogy for Tort
C. P. McGrath  

Part 3. Public Law: International Law, Human Rights, and the Courts  
Chapter 9: Unmasking Indigenous Invisibility: Reforming and Decolonising the Pedagogy of Terra Nullius
Asmi Wood
Chapter 10: Decolonising Civil Procedure: Court Process as Continuing Colonisation and Tool for Indigenous Justice
Kate Ogg
Chapter 11: Teaching International Law Against Racism and Empire
Ntina Tzouvala
Chapter 12: Divesting Religion from Rights: Teaching Freedom of Religion through Anti-Racist Pedagogy
Sahar Ahmed
Chapter 13: Pedagogy as Advocacy: The Role of Anti-Racist and Decolonial Pedagogy in Advancing Social Justice 
Gulika Reddy

Part 4. Socio-legal Education: Designing Subjects that Address Complicities of Law with Power 
Chapter 14: Inspiring Anti-Racist Lawyers through Clinical Legal Education
Sumayyah Malna 
Chapter 15: Decolonization and Anti-racism in Criminology: Student Perceptions on Faculty Teaching Practices 
Tamara O’Doherty, Helene Love and Marsha-Ann Scott
Chapter 16: Troubling Law’s Traditional Canon by Teaching Law and Race
Foluke I Adebisi and Yvette Russell