Decolonizing the Sociology of Law in Central and Eastern Europe: Rethinking Legal Discourses and Colonial Legacies

This presentation examines whether the sociology of law in Central and Eastern Europe (CEE) requires decolonization, challenging the common assumption that CEE countries, because they lack overseas colonies and have not undergone formal postcolonial and decolonization phases, are exempt from the need to decolonize thought, research, and education. It presents a critical analysis of legal discourses in national and European tribunal rulings involving CEE countries, focusing on topics such as Islam, migrants, and the Palestinian question.

The findings reveal the persistence of Orientalist narratives and colonial logics in legal interpretations, which continue to shape judicial decisions and the production of legal knowledge in the region. The presentation draws on the Polish context to illustrate how some CEE countries experienced periods of regional colonization and harbored aspirations for overseas expansion, even if these ambitions did not result in lasting overseas colonies. It addresses both the 'native' colonial mindset, rooted in local colonial aspirations, and 'imported' colonial ideologies that have permeated legal reasoning. The analysis shows how historical and contemporary power dynamics influence legal discourses, suggesting that coloniality operates in subtle but enduring ways, even in regions without a direct colonial past.

The presentation advocates for the integration of decolonial perspectives in legal education and research in the CEE, with a particular emphasis on the sociology of law. It calls for incorporating decolonial perspectives to address the hidden legacies of coloniality that continue to shape legal epistemologies and societal attitudes. This approach invites a broader debate on the importance of decolonial thought in CEE legal scholarship and its potential to foster more inclusive and critically engaged socio-legal research.