Legal modernization is a complex and multicomponent process with features in different countries. Algeria and Egypt are no exception, as the legislation of states was significantly changed under the influence of other cultures and the process of colonization. New state norms and institutions were created in both countries, directly impacting society. The 19th century was a period of significant legal transformations, which had both positive and negative impacts on the government’s development.
The colonization process had a multifaceted and complex impact on Algerian life. There is no doubt, however, that colonization, apart from the wishes of its creators, has had numerous benefits for Algeria. With its beginning, the Algerians began to learn about the achievements of European science and technology, the latest means of transport and communication, agricultural methods, industrial technology, education, and management culture established in the metropolis. It was also accurate jurisprudence since, in Algeria, from 1870 to 1930, assimilationist policies promoted colonial state intervention without violating the segregationist requirements of colonial rule (Ghabrial 293). Colonial ascidians and medical experts who came to Algeria tried to reinforce the new laws and regulations there.
It directed, above all, to a change in lawsuits, particularly divorce suits. Women’s voting rights have been expanded, and violence or consummation has become a common claim subject (Ghabrial 296). However, a paradoxical situation developed in which people in the same territory were subject to different laws. The new state systems contradicted the old norms, but Algerian women generally developed new legal strategies under the conditions of colonization. It led to legal pluralism that benefited women. French law became the basis that enabled Algeria to develop in a democratic direction.
A peculiarity of the transformations in Egypt was typical of the whole East of that time, namely that they were initiated by the rulers themselves, not by society. It explains their radicalism and leapfrogging, as well as the instant backlash caused by the change of the ruler-reformer (Fahmy 376). The reforms were accompanied by constant forceful actions of England and France, which eventually largely prevented the establishment of an independent sovereign state of Egypt. A Westernized stratum of national secular intellectuals and a Westernized way of life emerged in society, but mostly not among the indigenous population. At the same time, the police played a crucial role in effectively controlling severe crime in both urban and rural areas.
The legal system allowed residents to create petitions and appeals, a positive change. Indeed, in the police station rather than the courthouse, Egyptians first encountered the confusing legal system introduced in the nineteenth century. Its functioning changed, and crimes and penalties were clearly defined (Fahmy 375). Essential practices, such as post-mortem examinations and criminal records, were also introduced, greatly enhancing the ability of the police to maintain public safety. The updated legislation replaced the old legislation, but the influence of other countries hindered Egypt’s rapid development.
On the one hand, Egypt and Algeria had undergone significant changes in the 19th century and could even rank among the advanced countries. However, the loss of independence seriously hindered the socio-economic development of countries and the formation of national industry and identity. Positive aspects can likewise be highlighted, as the legal system of Algeria took a more democratic direction. Whereas in Egypt, the institution of the police became the main controlling body of the population. At the same time, residents were also able to appeal, which thus meant that society and the police had a mutual influence. Hence it is no coincidence that by the middle of the twentieth century, have started on the path of modernization. However, s the example of nations shows, complete national sovereignty plays far from the last role in the success of modernization and the development of legislation.
Works Cited
Ghabrial, Sarah. “The Traumas and Truths of the Body: Medical Evidence and Divorce in Colonial Algerian Courts, 1870–1930.” Journal of Middle East Women’s Studies, vol. 11, no. 3, 2015, pp. 283-305.
Fahmy, Khaled. “The Police and the People in Nineteenth-Century Egypt.” Die Welt des Islams vol. 39, no. 3, 1999, pp. 340-377.