Abstract
This article main objective is to investigate how some of Gayatri Chakravorty Spivak´s considerations that were made in her article, Can the subaltern speak?, could be important for a critical reconsideration of legal subjectivity through the very specific conditions of subaltern groups. Taking a concise exposition of some of most relevant questions raised by Spivak concerning the subaltern as its starting point, this research intends to bring it out how the dynamic process of colonization establish subalternity in a close relationship with legal subjectivity. Through a brief literature review of the works of Peter Fitzpatrick and Costas Douzinas that deals with the place of legal system within the dynamics of colonialism and the plasticity of the legal subjectivity, this article conceives the subaltern within legal theory as a spectral entity whose recognizement is directly associated with its own expropriation of fundamental legal capacities.
Keywords:
Colonialism; Spivak; Deconstruction; Legal Subject