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The conclusion situates the politics of legal pluralism within a comparative perspective by contrasting Chechnya with other Russian regions and other contexts of postcolonial and post-conflict political development. The concluding chapter discusses the broader implications of this study for our understanding of the “dark side” of legal pluralism as an instrument of domination and of state law as a “weapon of the weak.” It outlines a future research agenda on the role of international law in legally pluralist environments and legal pluralism in diasporas. Finally, the chapter reflects on the implications of the findings for post-Soviet Russian politics and asks why the Kremlin allows Kadyrov’s lawfare.
This chapter introduces the theoretical framework of state-building as lawfare. The chapter starts by outlining the building blocks of peripheral state-building: legal pluralism, nested sovereignty, gender cleavage, and armed conflict. Legal pluralism is an issue of fragmented social control. State–society struggles for social control are complicated because both the state and society are internally divided. The concept of nested sovereignty captures how the state is divided in imperial and federal settings. The central societal cleavage of state-building lawfare is gender. Both political and societal cleavages that drive state-building lawfare in the periphery are actualized and intensified by armed conflict. Building on this foundation, the chapter then theorizes state-building lawfare from above. In particular, it outlines when and why central and peripheral authorities promote non-state legal systems, as well as how conflict changes the political rationale of promoting legal pluralism. After that, the chapter interrogates state-building lawfare from below – focusing on individual choices between state and non-state legal systems. It also speculates about how conflict transforms the driving forces behind these choices – in identities and social norms – as well as resources, interests, and hierarchies, with a special focus on gender relations.
State-Building as Lawfare explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives? The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.
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