Download or read book The Rule of Law in Afghanistan written by Whit Mason and published by Cambridge University Press. This book was released on 2011-04-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
Download or read book Customary Justice and the Rule of Law in War torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Download or read book Establishing the Rule of Law in Iraq written by Robert Perito and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Establishing the Rule of Law in Afghanistan written by Laurel E. Miller and published by . This book was released on 2004 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rule of Law in War written by Travers McLeod and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: War and security have traditionally been held up as two areas where it is largely assumed international law has little influence on state action. 'Rule of Law in War' shows that it is possible to isolate the impact of rules, and to do so in areas that have historically been impenetrable.
Download or read book Establishing the Rule of Law in Afghanistan written by Laurel Miller and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Advancing the Rule of Law Abroad written by Rachel Kleinfeld and published by Brookings Institution Press. This book was released on 2012-11-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.
Download or read book Opposing the Rule of Law written by Nick Cheesman and published by Cambridge University Press. This book was released on 2015-03-12 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: A striking new analysis of Myanmar's court system, revealing how the rule of law is 'lexically present but semantically absent'.
Download or read book Rebel Law written by Frank Ledwidge and published by Oxford University Press. This book was released on 2017 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Download or read book Afghanistan Rising written by Faiz Ahmed and published by Harvard University Press. This book was released on 2017-11-06 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.
Download or read book Can Might Make Rights written by Jane Stromseth and published by Cambridge University Press. This book was released on 2006-09-25 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at why it's so difficult to create 'the rule of law' in post-conflict societies such as Iraq and Afghanistan, and offers critical insights into how policy-makers and field-workers can improve future rule of law efforts. A must-read for policy-makers, field-workers, journalists and students trying to make sense of the international community's problems in Iraq and elsewhere, this book shows how a narrow focus on building institutions such as courts and legislatures misses the more complex cultural issues that affect societal commitment to the values associated with the rule of law. The authors place the rule of law in context, showing the interconnectedness between the rule of law and other post-conflict priorities, such as reestablishing security. The authors outline a pragmatic, synergistic approach to the rule of law which promises to reinvigorate debates about transitions to democracy and post-conflict reconstruction.
Download or read book Afghanistan 101 written by Ehsan M. Entezar and published by Xlibris Corporation. This book was released on 2008-01-04 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: Afghanistan 101 is an introduction to Afghan culture. More specifically, this dimensional analysis discusses Power Distance (PD), Uncertainty Avoidance (UA), Individualism (IND), and Masculinity (MAS) in the Afghan national culture. These dimensions are based on the work of the well-known Dutch anthropologist Geert Hofestede. The manifestations of these cultural dimensions explain the attitudes and actions of Afghans. Each chapter on dimensions also includes a section where the implications of a particular dimension are pointed out to the Westerner working in Afghanistan. Power Distance, the first dimension of culture, describes the relationship between a less powerful person and a more powerful one. As Afghanistan is on the high side of PD, social power is coercive in Afghanistan. One comes to power by force and is ousted by force; wealth and power are inseparable; decision making is autocratic and consultative; expert power does not carry much weight; age and charisma are important; and in Afghanistan, it is the authority of the person rather than the authority of position or rule that counts most. Uncertainty avoidance, the second dimension, involves dealing with fear and ambiguity—fear of nature, fear of other men, and fear of the supernatural. UA is negatively related to PD. A high PD society is on the low side of UA. Cultures use three methods to deal with fear and ambiguity: law, technology, and religion. Being on the low side of UA, Afghans rely heavily on Islam to reduce fear and uncertainty because they cannot rely on technology or the rule of law. The fundamental religious beliefs that help Afghans cope with fear and uncertainty are (1) life in this world temporary, (2) the source of both good and evil is God, and (3) God is just and will punish the oppressors and evil-doers in this world and in the next. Individualism versus collectivism, the third dimension of culture, relates to the relationship of an individual to a collectivity. In nonindividualistic societies such as Afghanistan, one’s loyalty and devotion is first and foremost to the family, ethnic or other collectivity, rather than to the country as a whole. Such loyalties are characteristic of nonnation-states, and are best explained as “Afghan nationalism” that is based on ethnicity, sect, region, and ideology. Afghanistan is not and has never been a nation-state. In a nation-state, people rally around the constitution, the flag, the national anthem, and other such symbols instead of their ethnicity, sect, region, ideology, and so on. Furthermore, a nation-state is based on the rule of law, checks and balances, human rights, freedom of the press, political parties, free and fair elections, accountability, and transparency. The concept of a nation-state is a Western phenomenon, although the roots of a nation-state are deep in some Islamic countries, shallow in others, and nonexistent in others. Turkey, the first Islamic country to have become a nation-state, falls into the first category whereas Afghanistan, into the last. For Afghanistan to move in the direction of becoming a nation-state, some type of federalism may be the only way to prevent further ethnic conflict and another civil war. Masculinity, the fourth dimension of culture, describes the degree to which there is a gender gap within a culture. Afghanistan is on the high side of MAS. As such, sex roles are set in the family and are reinforced in the schools, workplace, and other social organizations. In general, males are taught to be assertive and females, nurturing. In Afghan society, male assertiveness generally involves aggressiveness, bravery, endurance, leadership, power, dominance, and independence. Female nurturance, on the other hand, is characterized by submissiveness, patience, tenderness, and affection. It is Islamic fundamentalism and Afghan cultural tradition, rather than mainstream Islam, that limits the rights
Download or read book Money and the Rule of Law written by Peter J. Boettke and published by Cambridge University Press. This book was released on 2021-06-03 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary monetary institutions are flawed at a foundational level. The reigning paradigm in monetary policy holds up constrained discretion as the preferred operating framework for central banks. But no matter how smart or well-intentioned are central bankers, discretionary policy contains information and incentive problems that make macroeconomic stability systematically unlikely. Furthermore, central bank discretion implicitly violates the basic jurisprudential norms of liberal democracy. Drawing on a wide body of scholarship, this volume presents a novel argument in favor of embedding monetary institutions into a rule of law framework. The authors argue for general, predictable rules to provide a sturdier foundation for economic growth and prosperity. A rule of law approach to monetary policy would remedy the flaws that resulted in misguided monetary responses to the 2007-8 financial crisis and the COVID-19 pandemic. Understanding the case for true monetary rules is the first step toward creating more stable monetary institutions.
Download or read book Peacekeeping Policing and the Rule of Law after Civil War written by Robert A. Blair and published by Cambridge University Press. This book was released on 2020-11-05 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN plays a vital but underappreciated role in restoring the rule of law in countries recovering from civil war.
Download or read book The Law Behind Rule of Law Transfers written by Till Patrik Holterhus and published by Nomos Verlag. This book was released on 2019-03-05 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Der Band untersucht den Transfer rechtsstaatlicher Strukturen zwischen staatlichen und überstaatlichen Rechtsordnungen als spezifisch rechtlichen Vorgang. Den Ausgangspunkt bildet dabei die Annahme, dass Rechtsstaatstransfers das Recht nicht nur zum Gegenstand haben, sondern zugleich selbst in Ursprung und Umsetzung eine eigene rechtliche Dimension aufweisen ("the law behind rule of law transfers"). Das besondere Interesse des Bandes gilt der Identifizierung und Erforschung solcher die vielfältigen rechtsstaatlichen Transferprozesse steuernden Rechtsnormen und -mechanismen. In insgesamt acht Beiträgen nähert der Band sich dem Thema aus der Perspektive unterschiedlicher Rechtsgebiete – etwa des EU-Rechts, des allgemeinen Völkerrechts, des internationalen Menschenrechtschutzes, des Völkerstrafrechts, des humanitären Völkerrechts sowie des Wirtschaftsvölkerrechts.
Download or read book China s Long March Toward Rule of Law written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2002-09-26 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.
