We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
The third chapter of the book analyzes the second moment in this genealogy of modern comparative law: comparative legislative studies. This second lapse in the construction of comparative law has its primary development in the nineteenth century. In this chapter, in particular, I examine Henry Summer Maine's work. The specialized literature recognizes him as another of the founding fathers of the discipline. The analysis of Maine's work revolves around three axes. In the first, the most important, I examine the concept of evolution as progress that the author is committed to. The historical method and the comparative method are the instruments that, for Maine, allow for describing and examining the legal and political evolution of humanity. For Maine, Europe is the locus of progress while India, as a paradigmatic representation of the Orient and of an undifferentiated "rest of the world," is the locus of barbarianism. The line that contains history is also occupied by a dual conceptual geography: on one hand, modern Indo-Europe and barbarian Indo-Europe, on the other, modern and barbarian Indo-Europe (that have a common culture) and the rest of the uncivilized world. In the narrative that Maine constructs, this spatial and temporal axis is also inhabited by particular subjectivities: the modern European, the Indian (as a representative of the oriental) and the individual from the savage rest of the world.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.