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Author : Sulṫān Muḣammad Khān
Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.A/5 ( download)
Download or read book The Constitution and Laws of Afghanistan written by Sulṫān Muḣammad Khān and published by . This book was released on 1900 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Faiz Ahmed
Publisher : Harvard University Press
ISBN 13 : 0674971949
Total Pages : 448 pages
Book Rating : 4.6/5 (749 download)
Download or read book Afghanistan Rising written by Faiz Ahmed and published by Harvard University Press. This book was released on 2017-11-06 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debunking conventional narratives of Afghanistan as a perennial war zone and the rule of law as a secular-liberal monopoly, Faiz Ahmed presents a vibrant account of the first Muslim-majority country to gain independence, codify its own laws, and ratify a constitution after the fall of the Ottoman Empire. Afghanistan Rising illustrates how turn-of-the-twentieth-century Kabul--far from being a landlocked wilderness or remote frontier--became a magnet for itinerant scholars and statesmen shuttling between Ottoman and British imperial domains. Tracing the country's longstanding but often ignored scholarly and educational ties to Baghdad, Damascus, and Istanbul as well as greater Delhi and Lahore, Ahmed explains how the court of Kabul attracted thinkers eager to craft a modern state within the interpretive traditions of Islamic law and ethics, or shariʿa, and international norms of legality. From Turkish lawyers and Arab officers to Pashtun clerics and Indian bureaucrats, this rich narrative focuses on encounters between divergent streams of modern Muslim thought and politics, beginning with the Sublime Porte's first mission to Afghanistan in 1877 and concluding with the collapse of Ottoman rule after World War I. By unearthing a lost history behind Afghanistan's founding national charter, Ahmed shows how debates today on Islam, governance, and the rule of law have deep roots in a beleaguered land. Based on archival research in six countries and as many languages, Afghanistan Rising rediscovers a time when Kabul stood proudly as a center of constitutional politics, Muslim cosmopolitanism, and contested visions of reform in the greater Islamicate world.
Author : Whit Mason
Publisher : Cambridge University Press
ISBN 13 : 1139495526
Total Pages : 367 pages
Book Rating : 4.1/5 (394 download)
Download or read book The Rule of Law in Afghanistan written by Whit Mason and published by Cambridge University Press. This book was released on 2011-04-14 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: How, despite the enormous investment of blood and treasure, has the West's ten-year intervention left Afghanistan so lawless and insecure? The answer is more insidious than any conspiracy, for it begins with a profound lack of understanding of the rule of law, the very thing that most dramatically separates Western societies from the benighted ones in which they increasingly intervene. This volume of essays argues that the rule of law is not a set of institutions that can be exported lock, stock and barrel to lawless lands, but a state of affairs under which ordinary people and officials of the state itself feel it makes sense to act within the law. Where such a state of affairs is absent, as in Afghanistan today, brute force, not law, will continue to rule.
Author : Robert Perito
Publisher :
ISBN 13 :
Total Pages : 16 pages
Book Rating : 4.:/5 (327 download)
Download or read book Establishing the Rule of Law in Iraq written by Robert Perito and published by . This book was released on 2003 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher : DIANE Publishing
ISBN 13 : 1437927416
Total Pages : 31 pages
Book Rating : 4.4/5 (379 download)
Download or read book Afghanistan: Politics, Elections, and Government Performance written by and published by DIANE Publishing. This book was released on 2009 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of a review of U.S. strategy in Afghanistan during September-November 2009, the performance and legitimacy of the Afghan government figured prominently. In his December 1, 2009, speech announcing a way forward in Afghanistan, President Obama stated that the Afghan government would be judged on performance, and "The days of providing a blank check are over." The policy statement was based, in part, on an assessment of the security situation furnished by the top commander in Afghanistan, General Stanley McChrystal, which warned of potential mission failure unless a fully resourced classic counterinsurgency strategy is employed. That counterinsurgency effort is deemed to require a legitimate Afghan partner. The Afghan government's limited writ and widespread official corruption are believed by U.S. officials to be helping sustain a Taliban insurgency and complicating international efforts to stabilize Afghanistan. At the same time, President Hamid Karzai has, through compromise with faction leaders, been able to confine ethnic disputes to political competition, enabling his government to focus on trying to win over those members of the ethnic Pashtun community that support Taliban and other insurgents.
Author : Ganesh Sitaraman
Publisher : Oxford University Press
ISBN 13 : 0199930317
Total Pages : 345 pages
Book Rating : 4.1/5 (999 download)
Download or read book The Counterinsurgent's Constitution written by Ganesh Sitaraman and published by Oxford University Press. This book was released on 2013 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the "surge" in Iraq in 2006, counterinsurgency effectively became America's dominant approach for fighting wars. Yet many of the major controversies and debates surrounding counterinsurgency have turned not on military questions but on legal ones: Who can the military attack with drones? Is the occupation of Iraq legitimate? What tradeoffs should the military make between self-protection and civilian casualties? What is the right framework for negotiating with the Taliban? How can we build the rule of law in Afghanistan? The Counterinsurgent's Constitution tackles this wide range of legal issues from the vantage point of counterinsurgency strategy. Ganesh Sitaraman explains why law matters in counterinsurgency: how it operates on the ground and how law and counterinsurgency strategy can be better integrated. Counterinsurgency, Sitaraman notes, focuses on winning over the population, providing essential services, building political and legal institutions, and fostering economic development. So, unlike in conventional war, where law places humanitarian restraints on combat, law and counterinsurgency are well aligned and reinforce one another. Indeed, following the law and building the rule of law is not just the right thing to do, it is strategically beneficial. Moreover, reconciliation with enemies can both help to end the conflict and preserve the possibility of justice for war crimes. Following the rule of law is an important element of success. The first book on law and counterinsurgency strategy, The Counterinsurgent's Constitution seamlessly integrates law and military strategy to illuminate some of the most pressing issues in warfare and the transition from war to peace. Its lessons also apply to conflicts in Libya and other hot-spots in the Middle East.
Author : Lutforahman Saeed
Publisher : Springer Nature
ISBN 13 : 3030830861
Total Pages : 223 pages
Book Rating : 4.0/5 (38 download)
Download or read book Islam, Custom and Human Rights written by Lutforahman Saeed and published by Springer Nature. This book was released on 2021-10-29 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time, the author has explored the intertwinement of written law, Islamic law, and customary law in the highly complex Afghan society, being deeply influenced by traditional cultural and religious convictions. Given these facts, the author explores how to bridge the exigencies of a human rights–driven penal law and conflicting social norms and understandings by using the rich tradition of Islamic law and its possible openness for contemporary rule of law standards. This work is based on ample field research in connection with a thorough analysis of the normative contexts. It is a landmark, since it offers broadly acceptable and thus feasible solutions for the Afghan legal practice. The book is of equal interest for scientists and practitioners interested in legal, religious, social, and political developments concerning human rights and regional traditions in the MENA region, in Afghanistan in particular.
Author : Anastasiya Hozyainova
Publisher :
ISBN 13 : 9781601272263
Total Pages : 9 pages
Book Rating : 4.2/5 (722 download)
Download or read book Sharia and Women's Rights in Afghanistan written by Anastasiya Hozyainova and published by . This book was released on 2014 with total page 9 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women's rights in Afghanistan have been supported and championed by Afghan and international advocates and organizations since 2002. Substantial progress has been made, but the women's rights movement faces an uncertain future in the wake of the 2014 international troop withdrawals. In addition to the potential for decreased financial and public support from international actors, women's rights advocates face the challenge of collaborating with a national government that has been mistrusted by the Afghan people while trying to promote norms and laws that often contradict deeply held community traditions. This report draws on numerous in-country interviews, discussions and debates to explore a way forward for women's rights in Afghanistan: promoting women's rights through an Islamic framework. Women's rights groups have increasingly been using Sharia-based arguments and working with religious leaders to give arguments for stronger women's rights protections more legitimacy. Greater understanding of how Islamic legal literacy, scholarship and dialogue might help protect women's rights in the coming difficult period is crucial.
Author : Deborah Isser
Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)
Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Author : Jennifer Brick Murtazashvili
Publisher : Cambridge University Press
ISBN 13 : 1107113997
Total Pages : 365 pages
Book Rating : 4.1/5 (71 download)
Download or read book Informal Order and the State in Afghanistan written by Jennifer Brick Murtazashvili and published by Cambridge University Press. This book was released on 2016-04-21 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite vast efforts to build the state, profound political order in rural Afghanistan is maintained by self-governing, customary organizations. Informal Order and the State in Afghanistan explores the rules governing these organizations to explain why they can provide public goods. Instead of withering during decades of conflict, customary authority adapted to become more responsive and deliberative. Drawing on hundreds of interviews and observations from dozens of villages across Afghanistan, and statistical analysis of nationally representative surveys, Jennifer Brick Murtazashvili demonstrates that such authority enhances citizen support for democracy, enabling the rule of law by providing citizens with a bulwark of defence against predatory state officials. Contrary to conventional wisdom, it shows that 'traditional' order does not impede the development of the state because even the most independent-minded communities see a need for a central government - but question its effectiveness when it attempts to rule them directly and without substantive consultation.
Author : Goodwin Liu
Publisher : Oxford University Press
ISBN 13 : 0199752834
Total Pages : 274 pages
Book Rating : 4.1/5 (997 download)
Download or read book Keeping Faith with the Constitution written by Goodwin Liu and published by Oxford University Press. This book was released on 2010-08-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Author : Nadjma Yassari
Publisher :
ISBN 13 : 9783161605468
Total Pages : 0 pages
Book Rating : 4.6/5 (54 download)
Download or read book The Shari'a in the Constitutions of Afghanistan, Iran and Egypt - Implications for Private Law written by Nadjma Yassari and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Joseph Pierre Ferrier
Publisher :
ISBN 13 :
Total Pages : 550 pages
Book Rating : 4.R/5 ( download)
Download or read book History of the Afghans written by Joseph Pierre Ferrier and published by . This book was released on 1858 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Joseph Philippe Ferrier (1811-86) was a French soldier who served as a military instructor in the army of Persia (present-day Iran) in 1839-42 and again in 1846-50. He was sent on a diplomatic mission to Europe by the Qajar ruler Muhammad Shah (1808-48, reigned 1834-48), but later fell out of favor with the shah and was forced to leave Persia. He returned to the Persian service in 1846, after undertaking a dangerous overland journey through Afghanistan and Persia in 1844-46. While working for the Persian army, Ferrier reported to the French government and sought to promote French interests in the rivalry with Great Britain and Russia for influence in the country. Ferrier produced two major books based on historical research and his personal observations. Caravan Journeys and Wanderings in Persia, Afghanistan, Turkistan and Beloochistan was published in London in 1857; the French edition, Voyages et aventures en Perse, dans l'Afghanistan, le Beloutchistan et le Turkestan appeared only in 1870. The book presented here, History of the Afghans, was published in London in 1858 and is an English translation of the manuscripts of Ferrier made by a British officer, Captain William Jesse. A French edition of the book was never published. The work is a history of the Afghans from ancient times to 1850. Ferrier chronicles the rise of British power in South Asia, which from a French perspective he regrets. In the final passage of the book, he notes that possession of Peshawar in the north and Shikarpur in the south had given the British control of the Indus River, and concludes: "These are the têtes-de-pont [bridgeheads] which command the passage of that river, and give the Anglo-Indian government the power of exercising the greatest influence over the policy of the chiefs of Kandahar and Kabul--may Europe never have cause to repent that she has permitted those conquests which will render Great Britain and Russia all-powerful over this planet." The book contains a detailed fold-out map.
Author : Jennifer Brick Murtazashvili
Publisher : Cambridge University Press
ISBN 13 : 1108639798
Total Pages : 231 pages
Book Rating : 4.1/5 (86 download)
Download or read book Land, the State, and War written by Jennifer Brick Murtazashvili and published by Cambridge University Press. This book was released on 2021-09-09 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although today's richest countries tend to have long histories of secure private property rights, legal-titling projects do little to improve the economic and political well-being of those in the developing world. This book employs a historical narrative based on secondary literature, fieldwork across thirty villages, and a nationally representative survey to explore how private property institutions develop, how they are maintained, and their relationship to the state and state-building within the context of Afghanistan. In this predominantly rural society, citizens cannot rely on the state to enforce their claims to ownership. Instead, they rely on community-based land registration, which has a long and stable history and is often more effective at protecting private property rights than state registration. In addition to contributing significantly to the literature on Afghanistan, this book makes a valuable contribution to the literature on property rights and state governance from the new institutional economics perspective.
Author : Rainer Grote
Publisher : Oxford University Press, USA
ISBN 13 : 019975988X
Total Pages : 755 pages
Book Rating : 4.1/5 (997 download)
Download or read book Constitutionalism in Islamic Countries: Between Upheaval and Continuity written by Rainer Grote and published by Oxford University Press, USA. This book was released on 2012-02-16 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism in Islamic Countries: Between Upheaval and Continuity offers a comprehensive analysis of the issues associated with the theory and practice of constitutionalism in Islamic countries. This collection of essays is written by leading constitutional and comparative law scholars and constitutional practitioners and essays provide readers with an overview of the constitutional developments in countries in the Islamic world, an understanding of the potential and actual impact of Islam and Sharia on the notion of modern constitutionalism, and insight into the ways in which "Western" ideals may be reconciled with Islamic tradition.
Author : United States. Congress
Publisher :
ISBN 13 :
Total Pages : 1324 pages
Book Rating : 4.A/5 ( download)
Download or read book Congressional Record written by United States. Congress and published by . This book was released on 1968 with total page 1324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Daniel Philpott
Publisher : Law and Christianity
ISBN 13 : 1108425305
Total Pages : 537 pages
Book Rating : 4.1/5 (84 download)
Download or read book Under Caesar's Sword written by Daniel Philpott and published by Law and Christianity. This book was released on 2018-03-15 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first systematic global study of how Christians respond to persecution, presenting new research by leading scholars of global Christianity.
