L’ineffectivité du droit positif en Afrique est considérée comme l’une des principales causes de son sous-développement et/ou de son mal de développement. A titre d’illustration, la situation de « non-droit » qui prévaut en Côte d’Ivoire en matière matrimoniale apparaît comme l’une des plus édifiantes de cette corrélation entre ordonnancement juridique et développement (lato sensu)En effet, à l’instar de toutes les anciennes colonies françaises du bloc de l’Afrique Occidentale Française, la Côte d’Ivoire hérite du fait juridique (du moins dans son acception positiviste) de la colonisation. Il s’ensuit que, naturellement, le système juridique de l’ensemble de ces jeunes Etats africains trouve son inspiration, par le canal du droit colonial, dans le droit français. Mais la Côte d’Ivoire a adopté une solution différente de celles de la plupart des autres Etats. Les nouveaux gouvernants ivoiriens prirent le parti d’aligner purement et simplement leur droit sur celui de leur ancien colonisateur. Cela se traduisit au civil par l’adoption du Code français de 1804, donné comme un gage de développement et de révolution sociale, au détriment des innombrables coutumes civiles, considérées comme étant inconciliables avec le nouvel ordre constitutionnel et l’édification d’une nation ivoirienne. De cette volonté politique d'assimilation et d’unification juridique, qui se perpétue en Côte d’Ivoire depuis son accession à la souveraineté, naquit un véritable conflit de normes, entre d’une part, un droit étatique, notamment en matière matrimoniale, qui prévaut mais ne s’enracine pas, et d’autre part, des coutumes civiles, dont l’attrait pèse sur la crédibilité du droit officiel. / The inefficiency of the positive law in Africa is considered as one of the underlying reasons of its underdevelopment and/or of its development malaise. The state of lawlessness that prevails in Côte d’Ivoire in marriage-related issues appears to be the case in point, being one of the most instructive and globalizing within the correlations between legal order and development in its widest sense. As a matter of fact, like in all of the former French colonies of French West Africa block, Côte d’Ivoire’s legal (at least, in a positivist sense) system is a product of its colonial past. Therefore, the legal systems in all these young African states are naturally inspired by the French law, through the channel of colonial law. However, Côte d’Ivoire’s solution differs from most of those of its fellow regional states. The new Ivorian government opted for an outright alignment of their law and the legal system with that of the former colonizer. For the civil law, this translated into the adoption of the French Code of 1804, taken for a token of development and social revolution, at the expense of countless civil customs considered to be incompatible with the new constitutional order and nation-building. Out of this political will of assimilation and legal unification - that has been ongoing in Côte d’Ivoire since independence - was born a true conflict of norms. On the one hand, a state law, especially in matrimonial matters, is prevalent but still strives to take root. On the other hand, civil customs that are still attractive bite into the credibility of the official law.

This study compares the expropriation and assimilation policies of the French and American governments towards the Algerian and Southeastern Indian peoples in the nineteenth century. It describes in detail the policies and techniques, including sequestration and removal, which were established to deprive the indigenous people of their land for the purpose of colonial development, and also examines the various responses to it by the Algerians and Indians. Having effected wholesale confiscations by the middle of the nineteenth century, the French and American governments subsequently developed more mature policies designed to break down the traditional political and economic structures through an attack on collective property in the Warnier Law of 1873 and the Dawes Act of 1887. After a brief introduction, the first two chapters examine the background to European colonization in the two societies, including an analysis of the native society and economy. The major expropriation phases in Algeria and the southern United States are examined in the following four chapters, with a particular emphasis upon Indian removal in the United States and upon the sequence of French land legislation up to and including the Senatus-Consulte of 1863. In the final chapter, the two assaults upon tribal collective property are analysed. A brief conclusion reviews and contrasts the two processes of expropriation.

English literature on colonial era Taiwanese identity is underrepresented in contemporary scholarship. In order to shed further light on the topic I will analyze: How did the identity of the people living on Taiwan transform during the Japanese colonial period, 1895-1945? I conduct my analysis using comparative method based on the framework put forth by Abdelal, Herrera, Johnston and McDermott in their Identity as a Variable. The paper defines collective identity as a social category that varies around two dimensions, content and contestation. The content describes the meaning of a collective identity. Contestation refers to the degree of agreement of the content of the identity. The content can be divided into four non-mutually-exclusive types: constitutive norms, social purposes, relational comparisons, and cognitive models. During the Japanese period I argue that three constitutive norms changed on Taiwan. The Japanese transformed the Taiwanese into law-abiding citizens; they created a norm of sanitation and hygiene on the island; and they transformed the status of Women. The key forces in implementing change were the threat of punishment and education. In social purposes I argue that during the colonial era the Taiwanese elites developed a goal of improving the rights and opportunities for the Taiwanese people. The elites were divided between liberal and Marxist influence, and among the degree of acceptance for a political society within the Japanese Empire. During the colonial period, the relational comparison to the Japanese created the notion of Taiwanese as a collective unit. Japanese police changed the structure of Taiwanese society. The new structure broke down existing cleavages between different groups of Taiwanese. Over time the collective discrimination of Taiwanese by the Japanese, created a notion of Taiwanese as a single unit. In cognitive models I argue that the Japanese policies created a single community on Taiwan. The Japanese brought the modern state to Taiwan. The Japanese modernization policies created a single community on the island.

This project examines narratives of transplanted identity-building and memory in European languages by second-generation non-European writers who choose to write their stories in European languages. The dissertation focuses on three books: La colline aux oliviers by Mehdi Lallaoui, a “Beur” (French Algerian) writer, White Teeth by British Caribbean Zadie Smith and Lipstick Jihad by Do-rageh/Iranian American Azadeh Moaveni. I argue that these three narratives use the language and memory sites of the host countries. They claim these as their own in order to recuperate events removed from historical memory by the violence of colonialism and the disruptive tide of exile and immigration. Because these children of immigrants are born and raised in the host country, they occupy a privileged position of being in-between that enables them to undertake reconciliatory mediation and assert the relevance of the colonized and imperialized experience for all its inheritors, both former colonizers and former colonized. Multiple choices eclipse the sense of dead end and rejection that characterizes literature of exile and colonization. To discuss these choices, I use Edward W. Said's concepts of filiation and affiliation. Filiation implicates the culture inherited from the parents of second-generation characters whereas affiliation points to the place of birth and upbringing. Filiation and affiliation can be seen as contradictory and antagonistic, however I choose to use these terms as complementary and reconciliatory. If previous scholars consider second-generation immigrant narratives to reproduce the sense of displacement and bitterness experienced by their parents, I propose to examine how concepts such as Maurice Halbwachs'collective memory nevertheless occupy a positive strength in the second-generation immigrant narratives where memory and reconciliation are reclaimed. / text

The dissertation compares the attitudes taken by English and French lawyers towards the administration of personal law systems in early colonial Madras and Pondicherry respectively. The account focusses on civil, rather than criminal, institutions. <i>A. English Law</i> <i>Chapter I</i>. During the eighteenth century, the East India Company encouraged Indians to settle their own disputes. Paradoxically, the English Mayor's Court in Madras town found itself overwhelmed by Indian litigation, which it was ill-qualified to resolve. Outside of Madras, the Company relied on its revenue collectors to settle disputes among Indians, despite pressure from the Directors in London to establish a more formal judicial system. <i>Chapter II</i>. The tenure of Sir Thomas Strange, first Chief Justice of Madras, is examined. The chapter concludes with an assessment of English approaches to the Hindu law of adoption shortly before and after 1800, by way of an illustration of a new confident style of developing personal law systems. <i>B. French Law</i> <i>Chapter III</i>. The development of the French judicial establishment of Pondicherry is traced from 1701 to 1842. During the early stages of French rule, a wide variety of Indian disputes were deemed to be questions of police and not considered within the competence of the civil courts. Gradually, the jurisdiction of the Bureau de Police diminished, as the French became more settled. <i>Chapter IV</i>. The early sources of Franco-Hindu law are enumerated. The opinions of the Comite Consultatif de Jurisprudence Indienne, the jurisprudence of the civil courts, and the doctrinal writings of Pondicherry lawyers are evaluated. <i>C. Studies in English and French Hindu Law</i> <i>Chapter V</i>. Testaments were believed by nineteenth century English and French lawyers to be unknown to Hindus prior to the advent of Europeans. The chapter compares the development of the law of wills in Madras and Pondicherry. <i>Chapter VI</i>. Given the synthetic nature of Anglo- and Franco-Hindu laws, to what extent can Europeans be said to have shaped the law of debt to their advantage? The chapter looks at doctrine and case law in answering this question. The dissertation concludes with a brief summary of the extent to which legal tradition conditioned the development of personal laws in South India.

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