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date: 18 September 2019

Abstract and Keywords

This article explores some ways in which forms of contemporary common law scholarship may be said to be related or responsive to global development and global impoverishment. This is a formidable task since common law scholarship lives in conceptual cloisters that often ignore the historic causes of world impoverishment, especially the impact of colonial and imperial common law practices and performances. Common law scholarship is impossible to understand except by reference to conceptual frames that derive from colonialism and imperialism. Yet mainstream common law scholarship remains concerned with explaining what the common law is or ought to be in a particular jurisdiction, in ways that rarely display an articulate concern with these historic world structures. Scholars should pursue symptomatic and diagnostic practices of reading the many forms of silence in the midst of the speech constituting common law scholarship.

Keywords: common law scholarship, legal scholarship, global development, impoverishment

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