Promoting the rule of law is vital for the success of domestic and international postconflict state-building efforts. Yet in post-conflict settings, non-state justice systems handle most disputes, retaining substantial autonomy and authority. Legal pluralism's importance, however, is rarely recognized and dramatically under-theorized. This thesis demonstrates that multiple justice systems can co-exist and contribute to the development of a democratic state bound by the rule of law. Domestic and international efforts, however, must be cognizant of the overarching legal pluralism paradigm that exists when trying to build the rule of law and tailor their strategies accordingly. By drawing on two divergent case studies, Timor-Leste and Afghanistan, this dissertation examines the conditions under which the rule of law can be advanced in post-conflict settings featuring a high degree of legal pluralism and substantial international involvement. Four distinct legal pluralism paradigms are proposed - combative, competitive, cooperative, and benign - in order to understand how legal pluralism functions in practice. Timor-Leste successfully advanced the rule of law because the major parties remained committed to democracy and developed institutions promoting accountability, inclusivity, and legality. The state meaningfully collaborated with key non-state actors. While the process was imperfect, Timorese state-officials effectively mediated between the international community and local-level figures. This contributed to the effective transformation of a competitive legal pluralist environment into a cooperative one. The international community largely reinforced these positive trends. Conversely, Afghanistan's post-2001 regime squandered the opportunity to build a democratic state bound by the rule of law. Simultaneously, it failed to mediate between the international community and the tribal and religious authorities essential for legitimate rule. Despite international actor's substantial influence, external aid did little good and was often counter-productive. These divergent approaches helps explain judicial state-building's failure and the corresponding slide from competitive into combative legal pluralism against the Taliban.

[pt] Esta dissertação tem como eixo central uma análise comparativa entre dois romances: A geração da utopia, do angolano Pepetela (1941-), publicado em 2000, e Kikia Matcho: o desalento do combatente, do guineense Filinto de Barros (1942-), lançado em 1999. Neste trabalho, apresenta-se uma reflexão acerca de algumas linhas de força presentes nesses dois romances e analisa-se as relações de ruptura e de continuidade entre o sistema colonial e o pós-independência em Angola e em Guiné-Bissau, por meio do exame das duas obras. Ao discutirem marcas do passado literário nesses países, as escritas de Filinto de Barros e de Pepetela procuram denunciar o abandono dos ex-combatentes, que foram excluídos de um projeto de nação após as guerras anticoloniais (de 1961 a 1975 em Angola e de 1963 a 1973 em Guiné-Bissau). As obras selecionadas representam o modo de viver das sociedades africanas em face do crescimento da corrupção e encenam os problemas da guerrilha, a desilusão, a miséria, os conflitos sociais internos e as inúmeras decepções que surgiram depois das independências angolana e guineense. Assim, questiona-se a relação que se estabelece entre a práxis literária e as sociedades africanas, tendo como enfoque a representação das elites políticas locais. / [en] This master s thesis has as its central axis a comparative analysis between two novels: A geração da utopia, by the Angolan author Pepetela (1941-), published in 2000, and Kikia Matcho: o desalento do combatente, by the Guinean writer Filinto de Barros (1942-), released in 1999. In this work, we present a reflection on some important themes present in these two novels, and we analyze the relations of rupture and continuity between the colonial and post-independence systems in Angola and Guinea-Bissau through the examination of the two novels. By discussing marks of the literary past in these countries, the writings of Filinto de Barros and Pepetela seek to denounce the abandonment of ex-combatants, who were excluded from a project of nationhood after the anti-colonial wars (from 1961 to 1975 in Angola and from 1963 to 1973 in Guinea-Bissau). The selected works represent the way of life of African societies in the face of growing corruption and stage the problems of the guerrilla war; the disillusionment and misery; the internal social conflicts; and the countless deceptions that arose after the Angolan and Guinean independences. Thus, the relationship between literary praxis and African societies is questioned, focusing on the representation of local political elites.