Reflections by leading Latin American and African American philosophers on their identity within the field of philosophy.

This paper argues that the images evoked in the literature of the Spanish indignados, and other contemporary global justice movements, specifically those of disciplinary and social decadence, a space–time beyond the limits of the possible, obligations across generations, and, ultimately, of universal history as horizon and anticipation, reactivate the legal critique of absolute property that featured so prominently in nineteenth-century accounts of law, civil society, and revolutionary right, and then again in the context of twentieth-century decolonization and revolutionary movements. Insofar (...) as such images can be distinguished from concepts, following a certain reading of the critical tradition against the grain, they pave the way towards the formulation of a systemic critique or a ‘jurisprudence of indignation’, in the wake of the emergence, rise and current crisis of the global market. (shrink)

Neo-liberalism often reduces pluralism to a social fact based on the collapse of the big ideals that once claimed to stand in for the ideal of humanity. Tolerance of inevitable value diversity is all that can be offered by the rationalized modern western state. This understanding of pluralism is completely inadequate in the post colony. Ernst Cassirer offers a philosophical understanding of symbolic plurality that allows us to respect divergent symbolic forms, including myth and religion. This understanding of pluralism opens (...) the space for respect for the customary law and the great indigenous ideals such as uBuntu which has often been denigrated as mythical and thus outdated or, worse yet, not law at all. This denigration is inseparable from colonial violence, and demands a process of transculturation as integral to this struggle to transform the new South Africa into a society that lives up to the Constitution’s call for the respect of all of its citizens. This respect can only be done if there are serious economic reforms and a challenge to the hegemonic neo-liberal capitalism. (shrink)

In the paper, I argue that the existing model of cultural-legal transplantation predicates on a binarism of overseas/local culture. Seeing the limitation of such a binary model, I aim to develop a transplantation/osmosis mechanism by elaborating the model of ‘cultural simularity’. I will also use the proposed model to examine how the Euro-American discourses of justice infiltrates/interacts with the Han-Chinese culture.