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Institutional stickiness and Afghanistan’s unending revolution

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Abstract

Analysis of revolutions typically focuses on de jure constitutions and how their elite- or mass-led character influences their consequences. De facto constitutions are political and economic rules that people use to govern themselves which may or may not be recognized in the evolving de jure constitution. We argue that the nature of change resulting from revolutions depends on whether the emergent constitutional order recognizes the autonomy of de facto constitutions. We theorize neglect, disregard, and hostility toward de facto constitutions contributes to cycles of constitutional instability. We use this theory to explain Afghanistan’s unending revolution. Neither elite-led nor mass-led revolutions in Afghanistan produced a lasting constitutional order because they share a disregard for the de facto constitution.
Vol.:(0123456789)
Public Choice (2024) 200:403–422
https://doi.org/10.1007/s11127-023-01119-z
1 3
Institutional stickiness andAfghanistan’s unending
revolution
TariqBasir1· IliaMurtazashvili1 · JenniferBrickMurtazashvili1
Received: 31 January 2023 / Accepted: 29 September 2023 / Published online: 9 November 2023
© The Author(s), under exclusive licence to Springer Science+Business Media, LLC, part of Springer Nature 2023
Abstract
Analysis of revolutions typically focuses on de jure constitutions and how their elite- or
mass-led character influences their consequences. De facto constitutions are political and
economic rules that people use to govern themselves which may or may not be recognized
in the evolving de jure constitution. We argue that the nature of change resulting from revo-
lutions depends on whether the emergent constitutional order recognizes the autonomy of
de facto constitutions. We theorize neglect, disregard, and hostility toward de facto con-
stitutions contributes to cycles of constitutional instability. We use this theory to explain
Afghanistan’s unending revolution. Neither elite-led nor mass-led revolutions in Afghani-
stan produced a lasting constitutional order because they share a disregard for the de facto
constitution.
Keywords Revolutions· De jure institutions· De facto institutions· Predation· Foreign
aid· Afghanistan
JEL Classification B52· D74· O19· P30
1 Introduction
One of the great debates in the study of revolutions is whether elite- or mass-led revo-
lutions are more likely to produce positive institutional change. As Vahabi etal. (2020a)
explain, a defining feature of elite revolutions is that they maintain old institutional forms
while adding new content. These elites manage to improve institutions while avoiding the
chaos of mass revolutions by leading the revolution and giving themselves a place in the
emergent constitutional order. An example is England’s Glorious Revolution of 1688/89
which largely avoided violence and established rules generally considered institutional
improvements. Mass revolutions, which are characterized by active involvement of the
masses in politics, are thought to contribute to de-institutionalization. Elites may lead the
revolt, but the emphasis is on organic and spontaneous change, despite the role of revo-
lutionary leaders. Both Lenin and Mao, for example, led revolutions but maintained an
* Ilia Murtazashvili
ilia.murtazashvili@pitt.edu
1 University ofPittsburgh, Pittsburgh, USA
Content courtesy of Springer Nature, terms of use apply. Rights reserved.
... For these reasons, we expect rebel regimes to be associated with the selective enforcement of property rights. In such contexts, individuals excluded from the ruling coalition often rely on de facto institutions for property security (Basir et al., 2023). Our theory suggests that such insecurity stems from constitutional changes enacted by rebel regimes, driven by incentives to selectively provide property protection. ...
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Full-text available
How do rebel regimes consolidate power while staying true to their revolutionary goals? Though some studies have found that revolutions can be efficiency-enhancing, our analysis of victorious rebellions from 1946 to 2021 and case studies from Ethiopia and Afghanistan finds that successful rebels establish constitutions that involve selective enforcement of property rights. Rebel-led constitutions tend to include provisions for private property rights that simultaneously empower the government to suspend these rights and expropriate property under broad justifications. Governance strategies post-victory include property insecurity as a tactic for maintaining political authority.
... Velayat faqih and Anfal create a specific economic system that undermines private property rights and impedes the functioning of a competitive market economy. Basir et al. (2023) explore the third question from above. Their analysis shifts our attention from the traditional analysis of revolutions centered on de jure constitutions to the often-overlooked realm of de facto constitutions: the political and economic rules governing societal conduct that may exist independently of formal recognition in evolving legal frameworks. ...
Article
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This special issue reflects one of the first systematic inquiries into the effects of revolutions on institutional change, a topic previously explored only tangentially across diverse social science domains. It fosters interdisciplinary discourse on revolutionary outcomes among economists, political scientists, sociologists, and economic historians informed by the public choice research program. The issue is divided into two parts, the first of which focuses on regime overthrow and institutional transformation and the second of which focuses on rational-choice theoretic analyses of revolution and its results. By employing analytical narratives and comparative analyses of contemporary and historical revolutions, the issue advances both theoretical and empirical understandings of revolution, revolutionary dynamics, and their implications.
Article
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Revolutions are invariably viewed as the violent replacement of an existing political order. However, many social innovations that result in fundamental institutional and cultural shifts do not occur via force nor have clear beginning and ending dates. Focusing on early-modern England, we provide the first-ever quantitative inquiry into such quiet revolutions. Using existing topic model estimates that leverage caselaw and print-culture corpora, we construct annual time series of attention to 100 legal and 110 cultural ideas between the mid-sixteenth and mid-eighteenth centuries. We estimate the timing of structural breaks in these series. Quiet revolutions begin when there are concurrent upturns in attention to several related topics. Early-modern England featured several quiet, but profound, revolutionary episodes. The financial revolution began by 1660. The Protectorate saw a revolution in land law. A revolution in caselaw relating to families was underway by the early eighteenth century. Elizabethan times saw an increased emphasis on basic skills and showed signs of a Puritan revolution affecting both theology and ideas on institutions. In the decade before the Civil War, a quiet revolution of dissent preceded the turmoil that led to a king’s beheading.
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Revolutions rarely achieve their expressed goals, which often include greater economic prosperity, a more egalitarian distribution of rewards, ending corruption, and a less oppressive state. Yet there is no single reason for this, as revolutions of many types—violent and non-violent, radical and moderate—can produce similar outcomes. We explain this by treating revolutionary outcomes as the result of a decision tree process, in which outcomes are reached by a series of steps in which only the initial state of each step and the events at that junction determine the subsequent step. This simplification allows us to identify numerous pathways by which revolutions can unfold. However, relatively few such trajectories lead to stable constitutional regimes.
Chapter
Is there a logical economic rationalization or explanation for the emergence of democratic political institutions? On the basis of our individualistic assumptions about human motivation can we “explain” the adoption of a political constitution? If so, what general form will this constitution take? Questions such as these have rarely been discussed carefully. If no collective action is required, there will be no need for a political constitution. Therefore, before discussing the form which such a constitution might assume, we must examine the bases for social or collective action. When will a society composed of free and rational utility-maximizing individuals choose to undertake action collectively rather than privately? Or, to make the question more precise, when will an individual member of the group find it advantageous to enter into a “political” relationship with his fellows?
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Chapter
International law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law's promises are difficult to fulfil. This volume of essays investigates the phenomenon of post-conflict state-building and the engagement of international law in this enterprise. It draws together original essays by scholars and practitioners who consider the many roles international law can play in rehabilitating societies after conflict. The essays explore troubled zones across the world, from Afghanistan to Africa's Great Lakes region, and from Timor-Leste to the Balkans. They identify a range of possibilities for international law in tempering, regulating, legitimating or undermining efforts to rebuild post-conflict societies.