Colonial Law: Realising Ideas of Superiority in the Legal Systems of Colonial Empires

被引:0
|
作者
Mirzekhanov, Velikhan [1 ]
机构
[1] RAS, Inst World Hist, Moscow, Russia
关键词
ideas of superiority; European law; colonial law; segregation; inequality; dualism; pluralism; colonial empires; colonisation; colonial culture; race;
D O I
10.18254/S207987840033001-0
中图分类号
K [历史、地理];
学科分类号
06 ;
摘要
The article presents an analysis of the legal systems and legal regimes that were in operation in the European colonies during the nineteenth and twentieth centuries. The author examines the impact of colonialism on the comprehensive range of political, individual and other rights of the population in metropolises and colonies during the colonial era. In order to gain insight into the complex and multifaceted nature of this issue, a case study approach is employed, focusing on France and its colonial empire. The author highlights the fact that the concept of political and legal citizenship has consistently either incorporated or excluded foreigners, whereas the native inhabitants of the colonies (indig & egrave;nes) have been unequivocally excluded. Throughout the colonial era, ideas and practices of differentiation, exclusion, segregation, and everyday racism towards the indigenous populations of the colonies continued to be normative. The European concept of superiority and privilege was reflected in the intricate and chaotic legal systems that were based on an expansive array of legal principles, norms, and sources. The author underscores the fact that the legal status of individuals within a colonial society was contingent upon their origin, including racial identity. The formation of civic consciousness and the construction of a two-tiered racial society were significantly influenced by colonial culture and the legal system that emerged from it. This system created a social structure comprising two distinct levels: one in which individuals were initially capable of embracing ideas of citizenship and one in which such ideas could only be embraced through assimilation. Throughout the colonial period, despite the active rapprochement and diversity of communicative practices between the "men of the empire" and the local non-European population, the legal system in the colonies was predicated on principles of inequality and discrimination. The legal systems and legal regimes that were in place in the colonies and mandated territories unconditionally supported the unequal and inferior status of the indigenous population unconditionally. The legal norms and principles of the colonial empires can be characterised by J & uuml;rgen Osterhammel's concept of "global dualism", which suggests that while civilised norms of law were applied in the metropolises of Europe, the territories of colonies and dependent countries saw the rule of cruelty and injustice.
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页数:18
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