Law. The Myth of Progress and Differentialism in the Liberal Age

In the Italian juridical debate, the French colonial model represented the imperialism based on assimilation policies ideal-type while Britain embodied a more flexible and less ideological colonial law ideal-type. Assimilation meant applying legal principles valid for citizens in colonizing countries to colonial subjects. Italian jurists dealing with colonial problems constantly blamed assimilation theories for their difficulties. Yet in various different contexts and periods, they espoused a sum of concepts which might be termed ‘differentialism’. In their rhetoric, differentialism preserved respect for different civilizations and social institutions. In actual fact, norms applying to indigenous people were always inspired by some form of racist contempt. Despite a widespread rhetoric presenting Italy as having a mission to extend ‘superior’ European law (founded on Roman law) to the colonies, native peoples were subjected to different legal systems inspired by pragmatism and arbitrariness.