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The Rule of Law in Afghanistan
Missing in Inaction

CAD$65.95 (C)

  • Editor: Whit Mason, University of New South Wales, Sydney
Whit Mason, Martin Krygier, David J. Kilcullen, Francesc Vendrell, William Maley, Shahmahmood Miakhel, Gretchen Peters, Joel Hafvenstein, Susanne Schmeidl, Michael Hartmann, Colin Deschamps, Alan Roe, Astri Suhrke, Barbara J. Stapleton, Agnieszka Klonowiecka-Milart, Graeme Smith, Shafiullah Afghan
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  • Date Published: May 2011
  • availability: In stock
  • format: Paperback
  • isbn: 9780521176682

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About the Authors
  • 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.

    • Proposes a new and illuminating understanding of the rule of law
    • Explains why the intervention in Afghanistan has failed to foster security and the rule of law
    • Sketches an alternative approach, based on reshaping incentives, which might achieve deeper political transformations in peri- and post-conflict societies
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    Product details

    • Date Published: May 2011
    • format: Paperback
    • isbn: 9780521176682
    • length: 366 pages
    • dimensions: 227 x 155 x 15 mm
    • weight: 0.59kg
    • contains: 4 b/w illus. 4 tables
    • availability: In stock
  • Table of Contents

    1. Introduction Whit Mason
    Part I. The Scope and Nature of the Problem:
    2. Approaching the rule of law Martin Krygier
    3. Deiokes and the Taliban: local governance, bottom-up state formation and the rule of law in counterinsurgency David J. Kilcullen
    Part II. The Context: Where We Started:
    4. The international community's failures in Afghanistan Francesc Vendrell
    5. The rule of law and the weight of politics: challenges and trajectories William Maley
    6. Human security and the rule of law: Afghanistan's experience Shahmahmood Miakhel
    Part III. The Political Economy of Opium:
    7. The Afghan insurgency and organised crime Gretchen Peters
    8. Afghanistan's opium strategy alternatives: a moment for masterful inactivity? Joel Hafvenstein
    Part IV. Afghan Approaches to Security and the Rule of Law:
    9. Engaging traditional justice mechanisms in Afghanistan: state-building opportunity or dangerous liaison? Susanne Schmeidl
    10. Casualties of myopia Michael Hartmann
    11. Land conflict in Afghanistan Colin Deschamps and Alan Roe
    Part V. International Interventions:
    12. Exogenous state-building: the contradictions of the international project in Afghanistan Astri Suhrke
    13. Grasping the nettle: facilitating change or more of the same? Barbara J. Stapleton
    14. Lost in translation: legal transplants without consensus-based adaptation Michael Hartmann and Agnieszka Klonowiecka-Milart
    Part VI. Kandahar:
    15. No justice, no peace: Kandahar, 2005–2009 Graeme Smith
    16. Kandahar after the fall of the Taliban Shafiullah Afghan
    Part VII. Conclusion:
    17. Axioms and unknowns Whit Mason.

  • Editor

    Whit Mason, University of New South Wales, Sydney
    Whit Mason consults internationally on political development and directs the project on justice in peace-building and development in the Centre for Interdisciplinary Studies of Law, University of New South Wales, Sydney. He also works as an advisor to the United States Institute of Peace's dispute resolution programme in Afghanistan.

    Contributors

    Whit Mason, Martin Krygier, David J. Kilcullen, Francesc Vendrell, William Maley, Shahmahmood Miakhel, Gretchen Peters, Joel Hafvenstein, Susanne Schmeidl, Michael Hartmann, Colin Deschamps, Alan Roe, Astri Suhrke, Barbara J. Stapleton, Agnieszka Klonowiecka-Milart, Graeme Smith, Shafiullah Afghan

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