Decolonial critique of the hegemonic legal episteme

Abstract

These reflections seek to develop the critique of the positivist legal episteme, from a decolonial position.
For this, criticism is assumed in the field of Law, considering the need to challenge the colonialities that “normalize”
the dominant cultural narrative. Based on this, it is proposed to question the epistemological presuppositions of the
positivist hegemonic legality, according to the underlying categories that it imposes: a) From the coloniality of being:
an ontological dualism; b) From the coloniality of knowledge: an epistemic dichotomy, from which derive: a. a spatiality
and a temporality (which are reproduced endocolonially, through a genealogy); c) From the coloniality of nature:
an anthropocentric duality; d) From legal coloniality: a legal monism. These presuppositions and their corresponding
criticism are developed in this text.