The CCJ decolonizing Caribbean constitutionalism

The Caribbean Court of Justice was conceived to further the Anglophone Caribbean’s decolonization process. Decolonization included not just transitions from colony to independent statehood but also the repudiation of imperial formations. The Court’s capacity to do this is evident in the McEwan Case. Using bold approaches to interpretation, the CCJ effectively erased the general savings law clause (which was previously treated as effective in immunizing colonial laws from inconsistency with the Bill of Rights) and affirmed the fundamental rights of trans persons. Since those clauses tethered post-independence constitutionalism to colonial era legal arrangements, erasure has the effect of bringing the Constitution forward and home. I argue that erasure is the result of proper methods of interpretation and not overreach since savings clauses are now functionally obsolete. The CCJ also signalled its decolonising capacity by articulating Caribbean identity in inclusive terms. It rightly affirmed that trans persons are entitled to full membership in the political community, in circumstances where its position is likely an anti-majoritarian one. The CCJ is demonstrating its decolonizing capacity in a context where, it is argued, the Privy Council cannot. It is hoped that other Caribbean States will be encouraged to accede to the CCJ’s appellate jurisdiction.     

Learning from Diversity: A Theoretical Exploration

Public-sector organizations tend to be more racially and ethnically diverse than private-sector organizations, leading to the challenge of enhancing heterogeneous work group effectiveness. Recent work suggests that a group's "diversity perspective," or set of beliefs about the role of cultural diversity, moderates diverse group performance. One perspective, the integration and learning perspective, argues that heterogeneous groups function better when they believe that cultural identities can be tapped as sources of new ideas and experiences about work. However, simply holding the integration and learning perspective may not be sufficient. Research on general group learning has shown that it requires particular behaviors and cognitive frames. This article integrates recent work on diversity perspectives with long-standing research on team learning to propose a conceptual model of learning in culturally diverse groups. It suggests that both the integration and learning perspective and more generic learning frames and skills must be present.     

Disrupting the Settler Colonial University: Decolonial Praxis and Place-Based Education in the Okanagan Valley (British Columbia)

This article demonstrates how decolonial Placed-Based Education can disrupt a settler colonial academic status quo. We begin by situating our analysis in the unceded Syilx Territories of the Okanagan Valley (British Columbia, Canada) and proceed by illustrating how both taken-for-granted colonial epistemologies and banal exnominations of white supremacy remain orthodox within mainstream Canadian higher education. We next define “decolonial praxis” by drawing from insights offered by critical feminist, anti-racist, and Indigenous scholars and community organizers before moving into a summary of how we embraced theories and strategies of decolonization coupled with Place-Based Education in an introductory Gender and Women’s Studies course. We conclude with our response to the ongoing exclusions being reproduced by neoliberal universities that result from the primacy they grant to Western knowledges and rationales. The piece reveals how decolonial place-based methods can be leveraged against settler colonial institutions, discourses, and logics to unsettle their claims to legitimacy, land, and authority over learning.     

Forests lost and found in tropical Latin America: the woodland ‘green revolution’

Forest dynamics in the Latin American tropics now take directions that no one would have predicted a decade ago. Deforestation in the Brazilian Amazon has dropped by over 80 percent, a pattern mimicked elsewhere in Amazonia, and is down by more than a third in Central America. Forest resurgence – increasing forest cover in inhabited landscapes or abandoned lands – is also expanding. In Latin America, woodland cover is increasing, at least for now, more than it is being lost. These dramatic shifts suggest quite profound and rapid transformations of agrarian worlds, and imply that previous models of understanding small-farmer dynamics merit significant review centering less on field agriculture and more on emergent forest regimes, and in many ways a new, increasingly globalized economic and policy landscape that emphasizes woodlands.

This paper analyzes changing deforestation drivers and the implications of forest recovery and wooded landscapes emerging through social pressure, social policy, new government agencies, governance, institutions, ideologies, markets, migration and ‘neo-liberalization’ of nature. These changes include an expanded, but still constrained, arena for new social movements and civil society. These point to significant structural changes, changes in tropical natures, and require reframing of the ‘peasant question’ and the functions of rurality in the twenty-first century in light of forest dynamics.     

Why did inheritance laws change?

The existence of restrictive inheritance laws poses a problem. Since such laws restrict parents' choices, they may cause conflict among children, and so, at first glance, appear to be costly for society. Then why did these laws survive for so long? Why were they not altered once their harm was perceived? This paper shows that restrictive laws have benefits, as well as costs, since they diminish inequality among heirs and thus enhance social stability. The advantages of these laws are evident when people live in relatively isolated communities where central authorities are weak. As population increases and central authorities become stronger, the stability of a society is enhanced if inheritance laws are changed and greater freedom of choice is given to parents. These views are examined by looking at inheritance laws in England and France during and after the Middle Ages. The reason for selecting these countries is to explain not only the existence but also the evolution of inheritance customs and their evolution is better documented in these countries than elsewhere.Say not you know another entirely, till you have divided an inheritance with him (J.K. Lavater).