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Modern law and otherness : the dynamics of inclusion and exclusion in comparative legal thought

Abstract : This dissertation focuses on Euro-American comparative legal thought. It analyses the works of an important number of comparatists operating in Europe and in the United States, roughly from the 1860s to the early 2000s. Examining their representations of non-Western societies, it puts emphasis on the tensions between inclusion and exclusion of particularism and it argues in favor of a critical praxis of particularism. Inspired from postcolonial theories, it addresses the following questions: how are non-Western societies constructed in Euro-American comparative legal thought? What are the preconceptions that make the production of such knowledge possible? What is the theoretical framework that animates these constructions and what are their political implications? What elements internal to comparative legal knowledge fuel attitudes of domination or/and challenge them? How do they change and how are they reproduced from one epoch to another, from one author to another?
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https://hal-sciencespo.archives-ouvertes.fr/tel-03648534
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Submitted on : Thursday, April 21, 2022 - 4:19:36 PM
Last modification on : Friday, April 22, 2022 - 3:34:55 AM

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  • HAL Id : tel-03648534, version 1

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Veronica Corcodel. Modern law and otherness : the dynamics of inclusion and exclusion in comparative legal thought. Law. Institut d'études politiques de Paris - Sciences Po, 2015. English. ⟨NNT : 2015IEPP0053⟩. ⟨tel-03648534⟩

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