Legal Pluralism Is Among The Term Paper

Length: 8 pages Sources: 5 Subject: Terrorism Type: Term Paper Paper: #45550252 Related Topics: Cultural Pluralism, Sharia Law, Legal Issues, Corporal Punishment
Excerpt from Term Paper :



President Karzai confirmed that the sharia would remain as the law of the land but gave assurances that amputation punishments would not be enforced (Shea 2002). He stressed that very strict rules applied in such cases. Extreme sharia had no room for checks on judicial power. Extreme sharia's all-powerful judicial mechanism excludes democracy and sharply reduces human freedom. With its 7th-century laws and punishments, the Supreme Court was not only another branch of government but the very seat of power. Countries with religious judges were in direct command of coercive powers. The president or parliament could not override their decisions and no politician or journalist could criticize them. It would be blasphemy to do so. With the drafting of a new constitution after a year-long process, the country's legislative body could prevent the portent spoken of by Shinwari. It would be crucial to the protection and expansion of human freedoms that Afghanistan not be defined as a sharia state; that the judiciary not be given control over law enforcement; that sharia jurisdiction exclude criminal law; and that the training in human-rights jurisprudence be required of all the members of the Supreme Court (Shea).

Those involved in formulating future policy in Afghanistan may find certain observations worth considering (Maloney 2004). Most of Afghanistan is in a post-Apocalyptic environment. The ideological and spiritual wreckage inflicted by the Taliban on Afghan peoples would equate with a drought brought about by the destruction of irrigation systems and aquifers by Soviet explosives and tanks. Illiteracy in Afghanistan was reaching 80 to 90%. Most of its infrastructure was desolate and there was virtually no industry. "Doctors" in remote villages were only second-generation descendants of Western-trained medical people. It would be in the Year Zero. Many civil institutions were headed by men in their 70s because they were the only surviving memento from the pre-Soviet period (Maloney).

It would be counterproductive to reconstruction objectives and efforts to antagonize "warlords" or call them to account for their violent operating methods under Western legal structures (Maloney 2004). The tendency to be judgmental must be resisted. It would be advantageous to work with them. Outright removing them would trigger waves of violence, which could defeat or destroy what had been already been built and achieved (Maloney).

Democracy and human rights in Afghanistan, according to Western concept and understanding, might not be feasible or possible in the

...

Inter-tribal and inter-ethnic politics in the country were and have been complex. Its high level of illiteracy and the perceivably high levels of political intimidation, which could accompany any Western form of electoral process could suppress or defeat the mere concept of democracy. Modernization, rather than democratization, should be the initial concept. The Afghan people have a traditional system and the issue would be whether they could or should change it to satisfy outsiders (Maloney).

A strong Operation Enduring Freedom or OEF and an equally strong International Security Assistance Force or ISAF in Afghanistan have greatly contributed to stabilization effort, particularly by eliminating al Qaeda and Taliban influence in the territorial confines of Afghanistan (Maloney 2004). What should be done with these and how the Afghans would perceive what would be done would be an important factor in the overall effort (Maloney).

The Afghans had a general but serious mistrust of the United Nations (Maloney 2004). This made the OEF more effective, although this condition was viewed to be temporary and related to influence generation, information gathering, and force protection as much as humanitarian assistance. The Provincial Reconstruction Team or PRT concept could be a proper step. It would be more effective or beneficial to coordinate humanitarian and reconstruction assistance at the provincial level than through some UN structure or an initiative from the Kabul-based central government. The only problem was in the selection of the means to protect it (Maloney).

A primary external problem to the overall effort in Afghanistan would be the events in Pakistan where Taliban and al Qaeda remnants could be hiding (Maloney 2004). The capability of the Musharraf government to catch them was disputed in addition to the inter-ethnic and tribal problems within Pakistani borders. Obsolete strains of Islam were said to flourish in that region, which made it a breeding ground. The U.S. Pakistan policy would merit attention and its Afghan policy made part of it (Maloney).

CIA analyst supposed that, prior to the invasion of Iraq, the al Qaeda could have allowed Afghanistan to deteriorate so that American forces could be ensnared into it (Maloney 2004). Iraq would be more accessible to terrorists and offered more targets at this time. If the Iraq situation changed and reduced American presence, as a consequence, the al Qaeda or its affiliates might re-focus their attention on the Western forces in Afghanistan (Maloney).

The future and fate of the Afghan peoples would lie in the decisions taken by them and their leaders (Maloney 2004). Any change would be on account of the decisions taken by those exerting power throughout Afghanistan. The primary purpose of American presence in Afghanistan was and is the destruction of al Qaeda, its Taliban shield and support structure and the discontinuation of the use of the country as a sanctuary for al Qaeda operations. These objectives have been achieved. The rest is analogy (Maloney).

Bibliography

1. Current Events. The Most Dangerous Place on Earth. Weekly Reader Corporation, 2001

2. Maloney, Sean M. Afghanistan: from Here to Eternity. Parameters: U.S. Army War College, 2004

3. Shea, Nina. Sharia in Kabul? National Review: National Review, Inc., 2002

4. Veneman, Ann M. Can America Pull Off a Triple Play? USA Today: Society for the Advancement of Education, 2004

5. Van Cott, Donna Lee. A Political Analysis of Legal Pluralism in Bolivia and…

Sources Used in Documents:

Bibliography

1. Current Events. The Most Dangerous Place on Earth. Weekly Reader Corporation, 2001

2. Maloney, Sean M. Afghanistan: from Here to Eternity. Parameters: U.S. Army War College, 2004

3. Shea, Nina. Sharia in Kabul? National Review: National Review, Inc., 2002

4. Veneman, Ann M. Can America Pull Off a Triple Play? USA Today: Society for the Advancement of Education, 2004


Cite this Document:

"Legal Pluralism Is Among The" (2006, December 14) Retrieved September 21, 2021, from
https://www.paperdue.com/essay/legal-pluralism-is-among-the-40915

"Legal Pluralism Is Among The" 14 December 2006. Web.21 September. 2021. <
https://www.paperdue.com/essay/legal-pluralism-is-among-the-40915>

"Legal Pluralism Is Among The", 14 December 2006, Accessed.21 September. 2021,
https://www.paperdue.com/essay/legal-pluralism-is-among-the-40915

Purpose of Paperdue.com

The documents we provide are to be used as a sample, template, outline, guideline in helping you write your own paper, not to be used for academic credit. All users must abide by our "Student Honor Code" or you will be restricted access to our website.

Related Documents
Democracy and Pluralism
Words: 1974 Length: 6 Pages Topic: Political Science Paper #: 44669207

Critically assess the extent to which deliberative democracy, neo-conservatism and/or neo-liberalism promote and/or restrict democratization for groups that are excluded and marginalized. Please refer to the debates presented in the attached readings to make your points and cite your sources. Civil society may make up a place for democratization, owing to its ability to enable individuals to decide on living their public life and resolving common issues. Individuals who consider deliberation

International Law the Objective of This Work
Words: 1866 Length: 6 Pages Topic: Business - Law Paper #: 86378846

International Law The objective of this work in writing is to examine what it means to 'keep the peace' in the present age and the world facing challenges and threats of unprecedented scope, scale and complexity. The question addressed in this research is that which asks where in such endeavors are the existence of international institutions and legal doctrines likely to suffice and where are international institutions and legal doctrines likely

Miguel Sahagun Mexico: Regional Leader
Words: 7688 Length: 20 Pages Topic: Economics Paper #: 67853101

Mexico's Trade Strategy Mexico has pursued a three-dimensional trade strategy perhaps more diligently than even the United States according to Schott (Studer & Wise, 2007). Mexico has been an active participant in multilateral talks since its GATT accession in 1986 and was the host country for the special Summit of the Americas in Monterrey and for the hemispheric trade talks in Puebla. Mexico is perhaps most famous as the instigator of

Women's Rights in India Violation
Words: 2284 Length: 8 Pages Topic: Sports - Women Paper #: 93011124

But sometimes the victims themselves are afraid to voice their grievances in the public because speaking up entails shame, ostracization, and even extra-judicial killings. The victims can express their grievances in public "only at certain times and in certain ways" because their rights are infringed on social and cultural levels (Dewey). The fact that cultural and traditional beliefs and attitudes contribute to violations of women's rights in a systematic manner

Equality of Arms in International
Words: 3446 Length: 10 Pages Topic: Business - Law Paper #: 81137224

Historically, since the end of the Vietnam War in 1975, Cambodia has suffered under the oppression of dictators such as Pol Pot, who instituted Communism and its related rights violations of law. As a result, the question of the future of Cambodia has become vitally important and likewise, international law has had to step in to remedy the situation. Statutes and Charters from the United Nations Tribunals The evolution of international

Accounting America Was Not Founded As a
Words: 1876 Length: 5 Pages Topic: Government Paper #: 7176595

Accounting America was not founded as a Democracy or as a Monarchy, for the educated and landed founding fathers felt assured that neither would provide the nation with rights for all and privilege for the few. America was founded as a Republic, and one might add as an ogliarchic republic at that. Those with the right gender, race, and wealth were represented through their while others were represented through the votes