Corruption, Legal Modernisation and Judicial Practice in Afghanistan
Bibliographic Data
| ID | 12349347 |
|---|---|
| Authors | A De Lauri (0000-0002-1362-7377, University of Milano-Bicocca, corresponding author) |
| Year | 2013 |
| Volume | 37 |
| Issue | 4 |
| Pages | 527-545 |
| Publication date | 2013-09-05 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Asian Studies Review (JOURNAL) |
| Journal identifiers | ISSN: 1035-7823 • E-ISSN: 1467-8403 |
| Publisher | Routledge (PUBLISHER • GB) |
| DOI | 10.1080/10357823.2013.832112 |
| OpenAlex | W2131764611 |
| Language | EN |
| Citations received | 8 |
| References cited | 23 |
11. I am grateful to anonymous ASR reviewers for insightful comments. An earlier preliminary version of this work appeared as ‘Afghanistan: Corruption and injustice in the judicial system’. Further research and fieldwork has been undertaken within the framework of activities of the Fernand Braudel International Fellowship for Experienced Researchers (Paris) and Rechtskulturen Fellowship (Berlin). I discussed some of the ideas illustrated here in a presentation at the Faculty of Law of Humboldt University (Berlin) in January 2013.Afghanistan’s justice system is currently at a crucial and troubled stage of development that will determine its effectiveness. This article focuses on the phenomenon of corruption inside judicial institutions. By integrating the analysis of narratives of corruption with the observation of judicial practice and a critical approach to the reconstruction process, I argue that in Afghanistan, the phenomenon of corruption can be understood in terms of its “double institutionalisation”, whereby mechanisms of exchange and of compensation, both already affirmed at the level of social practice, find a possibility of reaffirmation (of re-institutionalisation) in the legal system itself. The creation of an economic system that depends on international aid, the consolidation of a state apparatus over-determined by warlordism and foreign influences, and the process of legal modernisation itself all play an important role in the re-institutionalisation and radicalisation of corruption. By taking into consideration this scenario, I adopt an ethnographic perspective to explore some of the effects of corruption on the work of judges and on the access to justice itself
Economic Justice · Injustice · Institutionalisation · Language change · Law and economics · Modernization theory · Phenomenon · Political science · Sociology · Crime, Illicit Activities, and Governance · Law · Politics and Conflicts in Afghanistan, Pakistan, and Middle East · Public Administration · Turkey's Politics and Society
Contending Orders
Geographically uneven landscapes of Asian corruption
The management of legal pluralism and human rights in decentralized Afghanistan
Explaining varieties of corruption in the Afghan Justice Sector
Rejoinder to Egor Lazarev’s Review of
Why U.S. Efforts to Promote the Rule of Law in Afghanistan Failed
The Regulation of Informal Trade Credit (Ograyi) in Afghanistan
RevisitingCriticalLegal Pluralism
Anti-corruption agencies
Everyday Corruption and the State
The Emergence of Modern Afghanistan
Reconstruction as modernisation
Editing the Past
Corrupting or Consolidating the Peace? The Drugs Economy and Post-conflict Peacebuilding in Afghanistan
Narratives of corruption
Legal Imperialism
Defacement
Beyond the Third World
The New Imperialism
The Pleasures of Corruption
Blurred Boundaries
War, Factionalism, and the State in Afghanistan
The Differing Realms of the Law
Producing intersubjectivity in silence
Silenced, Silence, Silent
Toward an Ethnography of Silence
| Unique citing works | 8 |
|---|---|
| Citations per year | 0,73 |
| Citation span | 2015 - 2025 (11) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 8 |