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of justice from the same conditions under which justice aims to achieve its purposes

April 5, 2019 0 Comment

of justice from the same conditions under which justice aims to achieve its purposes.
Not only embedded in cultural relativism, the concept of power functioned in colonized country serve as purpose of universalizing Western law since the beginning. Referring Giorgio Agamben concept of State of Exception, we find that Europeans implying Western law for the People on settled land by practicing an exception that the law permits eliminating indigenous people to define power of the settlers an Michel Foucault work highlight specific method of how biopower structured within the land of indigenous people on the first place

This research suggest that the process of transition may in fact be a far more complex and challenging than the literature generally portray. More significantly, this process of redeveloping the rules for the people to govern themselves is sustained through colonial legacies with the accomplice of political elites. By looking at the evaluative standard of power and truth to trace the history and the effects, the conceptualisation of transitional and justice can be further examined. This research sets out to support the reformation of the juridical practices grounded in local traditions considering the culture, context and consent.