Is a decolonial law possible? Epistemologies of the south and constitutional law

Abstract

Objective: The paper analyses the developments of legal-epistemic thinking with the understanding of decolonial thinking as an instrument to rethink the global South narrative. Moreover, the study aims to provide addresses the research gap between theories of knowledge.<p>

<p>Methodology: Theoretical contributions and reflections are based on the sociohistorical field and aim to ascertain the universality inherent to them, as well as the consequences of the globalization of Western thought. Therefore, the study explores law through its socio-cultural characteristics and to explain some of its limitations in the face of the global South reality, focusing on Latin American reality. <p>

<p>Results: The paper suggests a reflection on the limits and scopes of Law and the same to be applied to decolonial thinking, as it is understood to have incompleteness in the discourse. Therefore, the study does not aim to reach a consensus either. The reflections produced are useful because the jurist cannot ignore the power dynamics contained in social construction of the law. The jurist has to consider, in a reflexive manner, the incompleteness of the modern law paradigm, and is able to understand the importance of their work and scientific research.<p>

<p>Contributions: The study addresses a topic still unfamiliar to the academic world, by adopting a novel approach that bridges decolonial thinking as a tool to offer criticism and provide another perspective on the possible scopes of law.