Book contents
- Frontmatter
- Contents
- Preface and acknowledgments
- Introduction
- Part I The pre-modern tradition
- Part II The law: an outline
- Part III The sweep of modernity
- 13 The conceptual framework: an introduction
- 14 The jural colonization of India and South-East Asia
- 15 Hegemonic modernity: the Middle East and North Africa during the nineteenth and early twentieth centuries
- 16 Modernizing the law in the age of nation-states
- 17 In search of a legal methodology
- 18 Repercussions: concluding notes
- Appendix A Contents of substantive legal works
- Appendix B Chronology
- Bibliography
- Index
13 - The conceptual framework: an introduction
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface and acknowledgments
- Introduction
- Part I The pre-modern tradition
- Part II The law: an outline
- Part III The sweep of modernity
- 13 The conceptual framework: an introduction
- 14 The jural colonization of India and South-East Asia
- 15 Hegemonic modernity: the Middle East and North Africa during the nineteenth and early twentieth centuries
- 16 Modernizing the law in the age of nation-states
- 17 In search of a legal methodology
- 18 Repercussions: concluding notes
- Appendix A Contents of substantive legal works
- Appendix B Chronology
- Bibliography
- Index
Summary
From the eighteenth century onward, European states increasingly made their power visible not only through ritual performance and dramatic display, but through the gradual extension of “officializing” procedures that established and extended their capacity in many areas. They took control by defining and classifying space, making separation between public and private spheres; by recording transactions such as the sale of property; by counting and classifying their populations, replacing religious institutions as the registrar of births, marriages and deaths; and by standardizing languages and scripts. The state licensed some activities as legitimate and suppressed others as immoral or unlawful. With the growth of public education and its rituals, it fostered official beliefs in how things are and how they ought to be. The schools became the crucial civilizing institutions and sought to produce moral and productive citizens. Finally, nation-states came to be seen as the natural embodiments of history, territory and society.
The establishment and maintenance of these nation-states depended upon determining, codifying, controlling, and representing the past. The documentation that was involved created and normalized a vast amount of information that formed the basis of their capacity to govern. The reports and investigations of commissions, the compilation, storage, and publication of statistical data on finance, trade, health, demography, crime, education, transportation, agriculture, and industry – these created data requiring as much exegetical and hermeneutical skill to interpret as an arcane Sanskrit text.
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- Sharī'aTheory, Practice, Transformations, pp. 357 - 370Publisher: Cambridge University PressPrint publication year: 2009
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