The Second Encounter with the Other: The Law of Separation
摘要
In the second encounter with the Other, the analysis shifts to the nineteenth century, specifically within the context of the Congress of Berlin. The theoretical frameworks previously discussed now assume the scientific dimension of International Law and Comparative Law. Although traditionally examined as separate disciplines, both branches of Law share the characteristic of reinforcing an exclusionary European legal communitas and conceptualising Law as a tool for exclusion. The foundational sequence supporting Western identity is further highlighted: classification, separation and exclusion. Comparative Law systematically classifies legal systems in exclusionary terms, while International Law formalises these disparities by positioning the Western ‘civilized’ state at its core.