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Understanding Legal Systems in Conflict-Prone Societies
from Part III - Central Themes in Comparative Law
Published online by Cambridge University Press: 26 January 2024
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.
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