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26 - Divided Legal Systems

Understanding Legal Systems in Conflict-Prone Societies

from Part III - Central Themes in Comparative Law

Published online by Cambridge University Press:  26 January 2024

By
M. Bashir Mobasher  and
Haroun Rahimi
Edited by
Mathias Siems  and
Po Jen Yap
Mathias Siems
Affiliation:
European University Institute, Florence
Po Jen Yap
Affiliation:
The University of Hong Kong
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Summary

Examining the history and institutions of the legal systems in Afghanistan, we contend that there is an under-examined set of plural legal systems – those where different legal traditions remain in continual contention. Unlike mixed legal systems, these plural legal systems are not composed of mixed, blended, or accommodated models, but of conflicting legal influences that fail to create a well-functioning legal order, contributing to social and political conflicts. In this chapter, we first discuss the different characteristics of divided legal systems. Next, we explain why Afghanistan has failed to overcome the problem of a divided legal system.

Keywords

divided legal systemspost-conflict societiesAfghanistanregime changelaw reformlegal education
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The Cambridge Handbook of Comparative Law , pp. 525 - 543
Publisher: Cambridge University Press
Print publication year: 2024

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