Name: 【TED】金伯利-莫特利。我是如何捍衛法治的(我是如何捍衛法治的|金伯利-莫特利) (【TED】Kimberley Motley: How I defend the rule of law (How I defend the rule of law | Kimberley Motley))
Uploaded: 2021-01-14T07:29:26.000Z
Duration: 15 min 31 s

譯者: Yamei Huang 審譯者: Adrienne Lin

with her parents and her eight brothers and sisters.

in the hopes he'd be picked for construction work,

and on a good month he would earn 50 dollars.

希望自己在建築工地找到工作，

In desperation, her father went to a neighbor

Unfortunately, Naghma's father didn't have the money,

不幸的是， 娜瑪的父親並沒有錢還，

So simply put, a jirga is a form of mediation

所以雙方同意 透過族長會議解決這個問題。

that's used in Afghanistan's  informal justice system.

簡單來說， 族長會議是一種調解，

It's usually presided over by religious leaders

and jirgas are often used in rural countries like Afghanistan,

族長會議常見於阿富汗等落後國家，

and they decided that the  best way to satisfy the debt

would be if Naghma married the neighbor's 21-year-old son.

就是讓娜瑪嫁給 鄰居 21 歲的兒子。

And if you watched Afghanistan on the news,

you may have this view that it's a failed state.

However, Afghanistan does have a legal system,

你或許會認為那是一個失敗的國家。

and while jirgas are built on long-standing tribal customs,

然而，阿富汗是有法律制度的，

even in jirgas, laws are supposed to be followed,

雖然族長會議 基於傳承已久的部落習俗，

is not only grossly immoral, it's illegal.

and I went there originally  on this nine-month program

In that nine months, I went around the country

and I talked to hundreds of people that were locked up,

and how laws that were meant to protect them

while gross and illegal punitive measures were overused.

And so this put me on a quest for justness,

而惡劣和非法的懲罰措施 是如何被濫用。

is using laws for their intended purpose,

So as a result, I decided to  open up a private practice,

and I became the first foreigner to litigate

因此，我決定開一家律師事務所，

Throughout this time, I also studied many laws,

在這段時間，我研究了很多法律，

because I was really concerned about how it would

affect me both professionally and personally,

I decided that the need for justness was so great

這會影響我的職業跟私人生活。

And so I started representing people like Naghma

and since I've been an attorney for over 10 years,

I've represented from CEOs  of Fortune 500 companies

to ambassadors to little girls like Naghma,

代表過《財富》 500 大企業的執行長、

外交大使， 還有像娜瑪這樣的小女孩，

And the reason for my success is very simple:

achieving justness in places like Afghanistan

在阿富汗這樣的地方 要實現公平正義是很難的，

people are very uneducated as to what their legal rights were,

and I find that this is a global problem.

受教育的人口不多， 不懂他們自己有哪些權益，

by tribal customs, like in the first jirga

以村落習俗取代之， 就像剛剛說的族長會議

And the third problem with achieving justness

is that even with good, existing laws on the books,

there aren't people or lawyers  that are willing to fight

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【TED】金伯利-莫特利。我是如何捍衛法治的(我是如何捍衛法治的|金伯利-莫特利) (【TED】Kimberley Motley: How I defend the rule of law (How I defend the rule of law | Kimberley Motley))

individual

mindset

applause

vital