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Article
Towards a Socio-Legal Theory of Indignation
Boaventura de Sousa Santos
Baxi, Upendra; McCrudden, Christopher; Paliwala, Abdul (eds.) Law's Ethical, Global and Theoretical Contexts. Essays in Honour of William Twining. Cambridge: Cambridge University Press.
2015-01-01

In this chapter, I present a rough draft of a socio-legal theory of law in the light of the newest wave of social protests that took place between 2011 and 2013 in different countries and regions of the world. They were so intense and disperse in 2011 that Christopher Chase-Dunn (in 2013) characterized this period as the ‘World Revolution 2011’, a date equivalent to other important eruptions of popular mobilization and protest, such as 1789, 1848, 1917, 1968 and 1989, leading on to structural changes in the world at large. I start by characterizing these social protests by identifying their different genealogies. I then present the challenges they pose to the critical theories of law in general and specifically to those proposed by William Twining and myself. In the third part I suggest what I call a sociology of emergences in order to construct the socio-legal theory of law that might be implicit in the social protests. In the final part, I try to respond to the challenges concerning my own theorizing and speculate on what Twining’s response might look like.  >READ FULL CHAPTER