The analysis of law in outlying countries furnished by the systems theory stresses the existence of a presumed operative deficit. This article sets out to discuss the possibility of opening the systems theory up to post-colonial studies, so as to formulate a critique of this interpretation. On the one hand, it aims to demonstrate that this interpretation is based on a presumption of moral superiority on the part of how law functions in the northern hemisphere, which is then used to judge legal practices all over the world, thus reproducing forms of re-colonisation. On the other hand, the article discusses whether post-colonialism is capable of offering an alternative diagnosis of the function of law in the southern hemisphere, within the framework of the systems theory.
Keywords: Systems theory - Post-colonial studies Law in outlying countries and the southern hemisphere - Recolonisation