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2 - Approaching the rule of law

Published online by Cambridge University Press:  01 June 2011

Martin Krygier
Affiliation:
Centre for Interdisciplinary Studies of Law
Whit Mason
Affiliation:
University of New South Wales, Sydney
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Summary

In a way, rule of law promotion is booming. A lot of people and organisations are contracted to work on it, a lot of money is spent on it, a lot of academics study it. And yet it is hard to boast of much success in actually fostering it, much less conjuring it ex nihilo or next to nihilo.

That should not be surprising. The rule of law is not a natural fact but a rare achievement, and there are many forces that militate against it. And Afghanistan is not the easiest place to start.

It is not at all clear, however, whether such ‘hard facts’ are the only source of our problems. Some, at least, derive from limitations we bring to the world. To put it bluntly, and fortunately in the words of another: in the business of rule of law promotion, ‘we know how to do a lot of things, but deep down we don't really know what we are doing’.

The authors in this book have a lot to tell us about the quest for the rule of law in Afghanistan; what is going on, what has been attempted, what was wise, what was stupid, what has failed, what has succeeded. They alert us, again and again, to facts that need to be recognised and often have not been, and to specific tactics and strategies, well or ill adapted to those facts.

Type
Chapter
Information
The Rule of Law in Afghanistan
Missing in Inaction
, pp. 15 - 34
Publisher: Cambridge University Press
Print publication year: 2011

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  • Approaching the rule of law
  • Edited by Whit Mason, University of New South Wales, Sydney
  • Book: The Rule of Law in Afghanistan
  • Online publication: 01 June 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511760082.003
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  • Approaching the rule of law
  • Edited by Whit Mason, University of New South Wales, Sydney
  • Book: The Rule of Law in Afghanistan
  • Online publication: 01 June 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511760082.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Approaching the rule of law
  • Edited by Whit Mason, University of New South Wales, Sydney
  • Book: The Rule of Law in Afghanistan
  • Online publication: 01 June 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511760082.003
Available formats
×