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Crime and war in Afghanistan Part 1: the Hobbesian solution

Braithwaite, John; Wardak, Ali

Description

This article views Afghanistan less as a war, and more as a contest of criminalized justice systems. The Taliban came to power because they were able to restore order to spaces terrorized by armed gangs and Mujahideen factions. After the Taliban's 'defeat' in 2001, their resurgence was invited by the failure of state justice and security institutions. The Taliban returned with a parallel court system that most Afghans viewed as more effective and fair than the state system. Polls suggest judges...[Show more]

dc.contributor.authorBraithwaite, John
dc.contributor.authorWardak, Ali
dc.date.accessioned2015-12-08T22:29:51Z
dc.date.available2015-12-08T22:29:51Z
dc.identifier.issn0007-0955
dc.identifier.urihttp://hdl.handle.net/1885/34251
dc.description.abstractThis article views Afghanistan less as a war, and more as a contest of criminalized justice systems. The Taliban came to power because they were able to restore order to spaces terrorized by armed gangs and Mujahideen factions. After the Taliban's 'defeat' in 2001, their resurgence was invited by the failure of state justice and security institutions. The Taliban returned with a parallel court system that most Afghans viewed as more effective and fair than the state system. Polls suggest judges were perceived as among the most corrupt elements of a corrupt state. Police were widely perceived as thieves of ordinary people's property, not protectors of it. While the US diagnosis of anomie in Afghanistan up to 2009 was aptly Hobbesian, its remedy of supporting President Hamid Karzai as a Leviathan was hardly apt. The West failed to ask in 2001 'What is working around here to provide people security?'. One answer to that question was jirga/shura. A more Jeffersonian rural republicanism that learnt from local traditions of dispute resolution defines a path not taken.
dc.publisherOxford University Press
dc.sourceThe British Journal of Criminology
dc.subjectKeywords: Afghanistan; Hobbes; peace
dc.titleCrime and war in Afghanistan Part 1: the Hobbesian solution
dc.typeJournal article
local.description.notesImported from ARIES
local.identifier.citationvolume53
dc.date.issued2013
local.identifier.absfor180119 - Law and Society
local.identifier.ariespublicationu3966797xPUB111
local.type.statusPublished Version
local.contributor.affiliationBraithwaite, John, College of Asia and the Pacific, ANU
local.contributor.affiliationWardak, Ali, University of Glamorgan
local.bibliographicCitation.startpage179
local.bibliographicCitation.lastpage196
local.identifier.doi10.1093/bjc/azs065
local.identifier.absseo940302 - International Aid and Development
local.identifier.absseo940499 - Justice and the Law not elsewhere classified
dc.date.updated2016-02-24T10:21:09Z
local.identifier.scopusID2-s2.0-84873661712
local.identifier.thomsonID000315612900001
CollectionsANU Research Publications

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