Legal reconstruction in Afghanistan : rule of law, injustice, and judicial mediation / Antonio De Lauri.

Caption title.

“Antonio De Lauri – Legal Reconstruction in Afghanistan”—at header of pages.

“De Lauri, Antonio, “Legal Reconstruction in Afghanistan. Rule of law, injustice, and judicial mediation”, Jura Gentium. Journal of philosophy of international law and global politics, VI (2010) 1”—(p. 1).

Includes bibliographical references.

Summary: “The present article is based on field research carried out in Afghanistan between 2005 and 2008. For the most part, the research was conducted at the Second District Court of Kabul, the Provincial Office and the Prosecutor’s Office of District 11. During my fieldwork I directly observed twenty court cases (both criminal and civil), in order to examine the ordinary daily practice of law. Thus, by the means of an ethnographic analysis of “Afghan justice”, I have tried to investigate the daily implications of a “legal expansion” conveyed by the international agencies. I also conducted several interviews with judges and prosecutors, whose point of view emerged as being crucial to understanding the “life” of judiciary institutions. In addition, the ethnographic analysis was prompted by a series of interviews carried out with aid workers, administrative officials, international organizations experts, and members of the customary assemblies. My thoughts and observations are a critical reflection on the legal reconstruction which the international community and the Afghan government initiated in 2001”—(p. 1).

“1. Rule of law in Afghanistan; 2. Kabul’s judges; 2.1 judicial training; 3. The common good; 4. Mediation within the courtrooms of Kabul; 4.1 kidnapping and mediation; 5. The administration of court cases”—(p. 1).