Refonder le droit de la famille au Sénégal et au Maroc : l’intérêt d’une comparaison aux frontières
Résumé
Based on the study of Family Law policies in both Senegal and Morocco, this article shows the interest of a cross-border comparison. More precisely, the purpose is to analyze how comparability can be built outside the limits defined a priori by cultural areas. Assuming the pragmatic and “artisanal” perspective at the very start of the comparison, the article shows how the methodological approach helps bring focus to the meaning, aims, and contributions of a comparative analysis. Mainly based on the differences between the Senegalese and the Moroccan states in terms of capacity and legitimacy, the comparison of their family law policies helps to develop a broader reflection on the state institutionalization process in the South.