Between Law and Customs
Normative Interconnections in Kabul's Tribunals
Bibliographic Data
| ID | 5143684 |
|---|---|
| Authors | A De Lauri (0000-0002-1362-7377, University of Milano-Bicocca, corresponding author) |
| Year | 2013 |
| Volume | 60 |
| Issue | 3-4 |
| Pages | 45-57 |
| Publication date | 2013-11-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Diogenes (JOURNAL) |
| Journal identifiers | ISSN: 0392-1921 • E-ISSN: 1467-7695 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1177/0392192115589273 |
| OpenAlex | W2572905971 |
| Language | EN |
| Citations received | 1 |
| References cited | 12 |
The Afghan normative scenario is composed of customary practices, shari'a principles, laws promulgated by the state and international law. Studies on this arsenal tend to give special attention to the coexistence and/or clashing of different sources of law, but they usually overlook the interrelations that are created through the merging of values, norms and socially recognised customary practices. In particular, little attention has been given to the role that customs play within the judicial structure. A dichotomous perspective has thus prevailed in the history of law in Afghanistan, where 'formal justice' is opposed to 'informal justice', and where there have been few attempts to observe how the merging of different normative reference systems engenders normative syncretisms and forms of negotiated justice. In this article, after examining the key transition points in the legal history of Afghanistan, I will attempt to show that there is an important customary component in the justice's implementation of Kabul's tribunals, its principal aim being to legitimise the work of judges. An analysis of the current situation, informed by ethnographic research conducted in Kabul beginning in 2005, cannot be understood without a historical retrospective that takes account of the important politico-legal changes that have taken place over the past hundred and fifty years, which have been punctuated by multiple reforms and tumultuous regime changes
Business · Law and economics · Normative · Political science · Sociology · Law · Peacebuilding and International Security · Politics and Conflicts in Afghanistan, Pakistan, and Middle East · Turkey's Politics and Society
Taliban
Authority, Continuity and Change in Islamic Law
Sharia and national law in Afghanistan
Money Can't Buy You Law
King Aman-Allah of Afghanistan’s Failed Nation-Building Project and its Aftermath (Review Article)
Editing the Past
The New Imperialism
Balancing Relations between Society and State
Law in Afghanistan. A Study of the Constitutions, Matrimonial Law and the Judiciary
Reform and Rebellion in Afghanistan, 1919-1929
The Rule of Law Revival
| Citations per year | 0.33 |
|---|---|
| Citation span | 2023 - 2023 (1) |
| Highly cited | No |