Skip to main content Accessibility help
×
Hostname: page-component-7bb8b95d7b-cx56b Total loading time: 0 Render date: 2024-09-18T20:23:27.600Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Brooks, Rosa (2004). ‘The new imperialism: Violence, norms and the “rule of law”’, Michigan Law Review, 101Google Scholar
Carey, John (2000). ‘Parchment, equilibria and institutions’, Comparative Political Studies, 33CrossRefGoogle Scholar
Carothers, Thomas (2005). ‘The problem of knowledge’, in Carothers, Thomas (ed.), Promoting the Rule of Law Abroad. The Problem of Knowledge. Washington DC: Carnegie Endowment for International PeaceGoogle Scholar
Davis, Kevin E. and Trebilcock, Michael J. (2008). ‘The relationship between law and development: Optimists versus skeptics’, American Journal of Comparative Law, 56CrossRefGoogle Scholar
Di Palma, Giuseppe (1990). To Craft Democracies. An Essay on Democratic Transitions. Berkeley: University of California PressGoogle Scholar
Dicey, Alfred (1959). Introduction to the Study of the Law of the Constitution, 10th edn (1st edn: 1889). London: MacmillanGoogle Scholar
Fortes, Meyer and Evans-Pritchard, E.E. (eds.) (1948). African Political Systems. Oxford University PressGoogle Scholar
Fraenkel, Ernst (1941). The Dual State. New York: Oxford University PressGoogle Scholar
Fuller, Lon (1964). The Morality of Law. New Haven: Yale University PressGoogle Scholar
Ganev, Venelin (2009). ‘The rule of law as an institutionalised wager: Constitutions, courts and transformative social dynamics in Eastern Europe’, The Hague Journal on the Rule of Law, 1: 2CrossRefGoogle Scholar
Habermas, Juergen (1986). ‘Law as medium and law as institution’, in Teubner, Gunther (ed.), Dilemmas of the Welfare State. Berlin: de GruyterGoogle Scholar
Holmes, Stephen (1995a). ‘Cultural legacies or state collapse? Probing the post-communist dilemma’, Collegium Budapest/Institute for Advanced Study, public lecture no. 13, November 1995
Holmes, Stephen (1995b). Passions and Constraint, Chicago: University of Chicago PressGoogle Scholar
Krygier, Martin (1980). ‘Anthropological approaches’, in Kamenka, Eugene, and Erh-Soon Tay, Alice (eds.), Law and Social Control. London: Edward ArnoldGoogle Scholar
Krygier, Martin (1999). ‘Institutional optimism, cultural pessimism and the rule of law’, in Krygier, Martin and Czarnota, Adam (eds.), The Rule of Law after Communism. Dartmouth: AshgateGoogle Scholar
Krygier, Martin (2004). ‘False dichotomies, real perplexities, and the rule of law’, in Sajó, András (ed.), Human Rights with Modesty. The Problem of Universalism. Leiden/Boston: Martinus NijhoffGoogle Scholar
Krygier, Martin (2010). ‘The Hart-Fuller debate, transitional societies and the rule of law’, in Cane, Peter (ed.), The Hart-Fuller Debate. 50 Years On. Oxford: Hart PublishersGoogle Scholar
Krygier, Martin, and Mason, Whit (forthcoming), ‘Violence, development and the rule of law’, in Mavrotas, George (ed.), Security and Development. Cheltenham: Edward Elgar Publishers
Kurkchiyan, Marina (2003). ‘The illegitimacy of law’, in Galligan, Denis and Kurkchiyan, Marina (eds.), Law and Informal Practices. Oxford University PressGoogle Scholar
MacFarlane, S. Neil (2003). ‘Politics and the rule of law in the Commonwealth of Independent States’, in Galligan, Denis and Kurkchiyan, Marina (eds.), Law and Informal Practices. Oxford University PressGoogle Scholar
Montesquieu, Baron (1989). The Spirit of the Laws, Cohler, Anne M, Miller, Basia Carolyn and Stone, Harold Samuel (eds. and translators) (1st edn, 1748). Cambridge University PressGoogle Scholar
Peerenboom, Randall (2005). ‘Human rights and rule of law. What's the relationship?’, Georgetown Journal of International Law, 36Google Scholar
Selznick, Philip (1999). ‘Legal cultures and the rule of law’, in Krygier, Martin and Czarnota, Adam (eds.), The Rule of Law After Communism. Aldershot: AshgateGoogle Scholar
Sen, Amartya (2000). ‘What is the role of legal and judicial reform in the development process?’, Washington DC: World Bank Legal Conference, 5 June 2000Google Scholar
Sen, Amartya (2007). Identity and Violence. The Illusion of Destiny. New York: WW Norton & CoGoogle Scholar
Snyder, Timothy (2010). ‘Gogol haunts the new Ukraine’, New York Review of Books, 25 March 2010
Stromseth, Jane, Wippman, David and Brooks, Rosa (2006). Can Might Make Rights?New York: Cambridge University PressCrossRefGoogle Scholar
Sunstein, Cass and Holmes, Stephen (1999). The Cost of Rights. New York: NortonGoogle Scholar
Tamanaha, Brian Z (2008). ‘The primacy of society and the failures of law and development’, keynote address, conference on the rule of law, Nagoya University, Japan, 13 June 2008, forthcoming in Cornell Journal of International Law
Weiss, Linda and Hobson, John (1995). States and Economic Development. Cambridge: Polity PressGoogle Scholar
Zakaria, Fareed (1997). ‘The rise of illiberal democracy’, Foreign Affairs, November–December 1997

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • 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 Dropbox

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 Dropbox.

  • 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
×