Open AccessEmancipación, Descolonización y Uso del Derecho.
Author(s) -
Daniel J. García López,
Luísa Winter Pereira
Publication year - 2021
Publication title -
anduli
Language(s) - English
Resource type - Journals
eISSN - 2340-4973
pISSN - 1696-0270
DOI - 10.12795/anduli.2021.i20.14
Subject(s) - naturalization , subjectivity , phenomenon , universality (dynamical systems) , colonialism , emancipation , sociology , law , proposition , political science , epistemology , humanities , philosophy , politics , citizenship , physics , alien , quantum mechanics
In this paper we defend the proposition that the law, which has emerged since the 16th century (in conjunction with State, capitalism and subject), maintains an eminently colonial root and has as its objective its own expansion. We propose the term matrix of legalcolonial intelligibility to explain how a naturalization of the legal phenomenon is produced and used to construct the fiction of its universality and its timelessness. From this concept of law, we consider the place of subjectivity in the question of emancipation and decolonization, concluding with the need to think of the category “use” as a line of escape from the matrix of legal-colonial intelligibility