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A CRITICISM OF THE ENLIGHTENMENT: UNIVERSAL RIGHTS, REGIONAL HIERARCHIES AND RECOLONISATION

This paper presents a critique on the process of universalization of law, designed by the illuminist project, and foundation for both the modern understanding of human rights and the definition of juridical-political patterns of development for different areas of world society. The critique is drawn from the reception of post-colonial studies in the area of sociology of law. Based on the notion of neocolonialism, contradictions in universal juridical discourse are identified, since its unitary moral foundation becomes a means for establishment of regional hierarchies and re-colonization of southern juridical practices. In conclusion, the alternative global law project based on the notion of heterogeneity is confronted with the authoritarian character of dominant juridical universalism.

Critique to enlightenment; post-colonial studies; universalization of human rights; juridical (neo)colonialism; normative heterogeneity


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