A new conception of law?

Article Abstract:

The paradigm which Boaventura de Sousa Santos suggests that sociolegal scholars use today challenges legal positivism. Both the frontier and the baroque tenets suggest a legal system without a strong central authority. This runs counter to legal positivism. Southern legality does not separate questions about the validity of law from its justice, as legal positivism would. Santos' metaphors thus face legal positivists with nonpositive factors of law. Adherents of Santos must be careful not to take his views of freedom to an extreme and to use these views just as food for thought.

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The challenge of the South

Article Abstract:

Sociolegal scholars need to be more adventurous in their work in response to Boaventura de Sousa Santos' challenge. Two of his subjectivities, the frontier and the baroque, are naturals for scholars in this field. The frontier is a place where the state wields less formal authority and thus a place where the sociolegal scholar is more important. Santos defines adherents of the baroque as living comfortably with temporary order and law. This would also seem to characterize sociolegal scholars. The South is the victim on whose side Santos wants scholars to be.

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Finding and losing one's self in the topoi: placing and displacing the postmodern subject in law

Article Abstract:

Imagining a postmodern politics is more fruitful than what Boaventura de Sousa Santos does, namely, naming the traits of a postmodern subject. Since subjects acquire their characteristics through social practices, scholars should assess which social practices they want to encourage. Scholars should encourage an acceptance of otherness and a constant process of becoming through exposure to such otherness. The law would in such a utopia protect opportunities for the subject's change.

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