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Rule Of Law Experts In Afghanistan

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Rule Of Law Experts In Afghanistan

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Author : Faiz Ahmed
language : en
Publisher:
Release Date : 2013

Rule Of Law Experts In Afghanistan written by Faiz Ahmed and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.

This dissertation provides the first transnational genealogy of the individuals, ideas, and institutions that culminated in the adoption of Afghanistan's first constitution in 1923. Based on archival research in Afghanistan, Turkey, India, and Britain, the study uncovers the longue durée history behind the text, including the genesis of its drafting commission, its multinational contributors from Constantinople to Qandahar, and the challenges they overcame in producing the pioneering charter. Drawing on records and manuscripts in Ottoman Turkish, Persian, Arabic, and Urdu, the study first traces the burgeoning tripartite ties between Ottomans, Afghans, and Indians from the aftermath of the 1857 Sepoy Rebellion to World War I. While historians of Pan-Islamism have tended to focus on radical ideologues and militant jihads, the emphasis on confrontation with the west has overlooked more subtle internal processes, such as the surge in students and scholars--as well as texts and ideas--traversing between the Ottoman and British empires at this time. Challenging conventional tropes of warring tribes and barren frontiers, I locate Afghanistan as a crucial juncture for such transnational social networks, and a center of debates about law, citizenship, and what it meant to be a modern Muslim. The dissertation culminates with the convergence of three simultaneous developments of profound historical impact in the greater Middle East: the collapse of the Ottoman empire, Afghanistan's independence from Britain in 1919, and the Indian Khilāfat Movement of 1919-1924. Amidst this dramatic backdrop of revolutionary politics and Pan-Islamic activism, I draw attention to an untold juridical history: the ensuing competition between Ottoman lawyers, Afghan administrators, and Indian jurists who converged in Kabul to market their expertise to the world's only fully-sovereign "Islamic state." It was the synthesis of these legal actors and the diverse juridical histories they represented, I conclude, that ultimately produced Afghanistan's first constitution between 1919 and 1923. In unearthing the social and cultural origins of Afghanistan's first constitution, the dissertation contributes a long overdue corrective to the scarce scholarly literature on Afghan legal history. The study also problematizes literature on the modern Middle East that silences the non-Ottoman "periphery" as passive objects caught between the colonial rivalry of Britain and Russia. Such works, I show, ignore the contributions of other independent rulers in the region such as the Bārakzai dynasty in Kabul, including the Afghan monarchs Amir ʻAbd al-Raḥmān (1880-1901), Amir Ḥabīb-Allāh (1901-1919), and Amir Amān-Allāh (1919-1929) in particular. By examining the Afghan court's patronage of scholarly networks from Damascus to Delhi, I argue that this unique constitutional project cannot be reduced to European mimicry and obeisance, nor an identity politics of Pan-Islam triggered at the behest of the Ottomans. In this manner, the dissertation enriches Afghanistan studies beyond the confines of the Great Game, Cold War, or recent literature on "failed states." Instead, the study persuades us to rediscover Afghanistan with a different past--when Kabul represented a center of debates, cosmopolitanism, and contested visions of reform in the region. The dissertation's focus on emergent transnational Islamic legal cultures--or juridical Pan-Islamism--between the late Ottoman empire, British India, and Afghanistan illustrates how modern notions of law, administration, and statecraft transcended politically-bounded territories. More specifically, the study sharpens our understanding of how urban centers within the vast socio-cultural zone stretching from the Balkans to Bengal came to be increasingly linked through specific networks, institutions, and processes of expertise associated with Islamic legal modernism. In tracing the social and institutional genealogy of the first Afghan constitution (1923), the dissertation examines how modern Muslim legal practices developing in Istanbul, Kabul, and greater Delhi in the long nineteenth century could simultaneously overlap, intersect, and co-evolve into distinct Ottoman, Afghan, and Indian juridical fields. Finally, as a socio-legal history it shows how a diverse cast of actors--Turks and Arabs, Indians and Persians, but most of all, Afghans--shaped the fields of constitutional law and politics in the greater Islamic world.

Afghanistan Legal Lessons Learned

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Author : Eric Talbot Jensen
language : en
Publisher:
Release Date : 2015

Afghanistan Legal Lessons Learned written by Eric Talbot Jensen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.

One of the most crucial components of the 2002 National Security Strategy which will impact virtually all other components is the world-wide implementation of the rule of law. In furtherance of the Strategy, National Security Presidential Directive 44 was issued in late 2005 and states that it is U.S. policy to work with other countries towards effective implementation of the rule of law. The Directive tasks the Secretaries of State and Defense with coordinating rule of law efforts and with integrating them into military contingency plans. Consequently, by direction of the President, the military has a key role to play in implementing the rule of law and Judge Advocates must be prepared to lead these efforts. Commanders look to Judge Advocates with the expectation that they will be competent and innovative in implementing the unit's rule of law mission. This is clearly demonstrated by the Center for Law and Military Operations' publication of the Rule of Law Handbook: A Practitioner's Guide for Judge Advocates, where a "constantly re-occurring theme" is that "the command naturally turns to the legal expert within the task force to plan, execute, coordinate, and evaluate rule of law efforts." Over six years of operations in Afghanistan, commanders have relied on JAs in their rule of law operations. These operations have created a number of lessons learned; this paper will highlight three: 1) Rule of law operations must be totally integrated into all phases and aspects of military operations and the unit mission; 2) U.S. Army Rule of Law efforts must be completely coordinated and synchronized with other rule of law efforts, especially those of the host nation, and must recognize what role the military is organizationally qualified to fill; 3) Military rule of law operations must be effects-based.

The Rule Of Law In Afghanistan

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Author : Whit Mason
language : en
Publisher: Cambridge University Press
Release Date : 2011-04-14

The Rule Of Law In Afghanistan written by Whit Mason and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-14 with Law categories.

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.

Customary Justice And The Rule Of Law In War Torn Societies

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Author : Deborah Isser
language : en
Publisher: US Institute of Peace Press
Release Date : 2011

Customary Justice And The Rule Of Law In War Torn Societies written by Deborah Isser and has been published by US Institute of Peace Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.

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. "

Advancing The Rule Of Law Abroad

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Author : Rachel Kleinfeld
language : en
Publisher: Brookings Institution Press
Release Date : 2012-11-28

Advancing The Rule Of Law Abroad written by Rachel Kleinfeld and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-28 with Political Science categories.

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.

Establishing The Rule Of Law In Afghanistan

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Author : Laurel E. Miller
language : en
Publisher:
Release Date : 2004

Establishing The Rule Of Law In Afghanistan written by Laurel E. Miller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Afghanistan categories.

Rule Of Law Dynamics

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Author : Michael Zurn
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-18

Rule Of Law Dynamics written by Michael Zurn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-18 with Law categories.

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

2. The origins of islamic law

Rule Of Law Experts In Afghanistan

Rule Of Law Experts In Afghanistan

Afghanistan Legal Lessons Learned

The Rule Of Law In Afghanistan

Customary Justice And The Rule Of Law In War Torn Societies

Advancing The Rule Of Law Abroad

Establishing The Rule Of Law In Afghanistan

Rule Of Law Dynamics

Establishing The Rule Of Law In Iraq

Guide To Experts

Islamic Criminal Law And Procedure

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