Please use this identifier to cite or link to this item: http://dx.doi.org/10.25673/120961
Title: An Economic Analysis of Pashtunwali (Dari)
Author(s): Ginsburg, Tom
Issue Date: 2016
Type: Article
Language: Persian
Publisher: مجله مطالعات حقوقی افغانستان
Abstract: This essay analyzes the Pashtunwali, the tribal code of the Pashtuns, from a political economy perspective. The Pashtunwali is a cultural system that channels, and thus limits, private violence. Instead of viewing the Pashtunwali as problematic, it argues that the logic of retaliation and the dispute resolution provided by the jirga form a kind of proto- legal system. This system supplements and sometimes clashes with the formal system of state law. The paper also considers two normative problems that are associated with the Pashtunwali: gender inequities and relatively high levels of violence. It considers a simple strategy for introducing greater normative coherence to the Pashtunwali that might also ameliorate its morally troubling aspects - the expansion of literacy. Greater levels of education could potentially facilitate clearer substantive norms within the Pashtunwali as well as improved quality of life for women.
Annotations: The Journal of Afghan Legal Studies (JALS) is a peer-reviewed academic journal dedicated to Afghan law and related legal topics. It is published by the Institute for Law and Society in Afghanistan (ILSAF) and includes articles in Dari, Pashto, and English. The journal focuses on state law, Islamic law, customary law, international law, and other legal norms relevant to Afghanistan and its people. JALS is distributed both within Afghanistan and internationally.
URI: https://opendata.uni-halle.de//handle/1981185920/122916
http://dx.doi.org/10.25673/120961
ISSN: 2522-3070
Open Access: Open access publication
License: (CC BY 4.0) Creative Commons Attribution 4.0(CC BY 4.0) Creative Commons Attribution 4.0
Journal Title: مجله مطالعات حقوقی افغانستان
Volume: 1
Original Publication: https://public.bibliothek.uni-halle.de/jals/article/view/3166/version/3113
Page Start: 473
Page End: 503
Appears in Collections:Open Journal System ULB

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