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Why U.S. Efforts to Promote the Rule of Law in Afghanistan Failed
Promoting the rule of law in Afghanistan has been a major U.S. foreign policy objective since the collapse of the Taliban regime in late 2001. Policymakers invested heavily in building a modern democratic state bound by the rule of law as a means to consolidate a liberal post-conflict order. Eventually, justice-sector support also became a cornerstone of counterinsurgency efforts against the reconstituted Taliban. Yet a systematic analysis of the major U.S.-backed initiatives from 2004 to 2014 finds that assistance was consistently based on dubious assumptions and questionable strategic choices. These programs failed to advance the rule of law even as spending increased dramatically during President Barack Obama's administration. Aid helped enable rent seeking and a culture of impunity among Afghan state officials. Despite widespread claims to the contrary, rule-of-law initiatives did not bolster counterinsurgency efforts. The U.S. experience in Afghanistan highlights that effective rule-of-law aid cannot be merely technocratic. To have a reasonable prospect of success, rule-of-law promotion efforts must engage with the local foundations of legitimate legal order, which are often rooted in nonstate authority, and enjoy the support of credible domestic partners, including high-level state officials
Granularity in reciprocity
Witnessing in merging biological, social and algorithmic realities is crucial to trust, as modelled in the YUTPA framework. Being witness and bearing witness is fundamental to human interaction. System participation in human communities of practice challenges the notion of witnessing and therefore the ability to build trust. Nevertheless, through trial and error, people in a variety of practices have found ways to establish the presence and develop trust in merging realities. This paper presents the results of 20 in-depth interviews with professionals from a variety of disciplines and nations. The conclusion of cumulative analysis is that systems do not witness themselves, but their output deeply affects the mental maps that human beings make of each other, the world around them and their own self. Essential qualities human beings seek when being involved with other beings are defined by granularity and reciprocity in the design of time (duration of engagement, synchronizing performance, integrating rhythms and moments to signify), place (body sense, material interaction, emotional space and situated agency), relation (shared meaning, engagement, reputation and use) and action (tuning, reciprocity, negotiation and quality of deeds). By designing granular interaction in 4 dimensions, reciprocity in witnessing obtains significance and the basis for establishing trust in a variety of presences emerges while human agency acquires potentialMulti Actor SystemsTechnology, Policy and Managemen
Handmaidens, Hierarchies and Crossing the Public-Private Divide in the Teaching of International Law
Democracy and State Capacity. Exploring a J-shaped Relationship
In this article we probe the effect of democratization on the state's administrative capacity. Using time-series cross-section data, we find a curvilinear (J-shaped) relationship between the two traits. The effect of democracy on state capacity is negative at low values of democracy, nonexistent at median values, and strongly positive at high democracy levels. This is confirmed under demanding statistical tests. The curvilinear relationship is due, we argue, to the combined effect of two forms of steering and control; one exercised from above, the other from below. In strongly authoritarian states, a satisfactory measure of control from above can at times be accomplished. Control from below is best achieved when democratic institutions are fully installed and are accompanied by a broad array of societal resources. Looking at two resource measures, press circulation and electoral participation, we find that these, combined with democracy, enhance state administrative capacity