Abstract

http://ssrn.com/abstract=1788523
 
 

Footnotes (88)



 


 



An Economic Interpretation of the Pashtunwalli


Tom Ginsburg


University of Chicago Law School

March 16, 2011

University of Chicago Legal Forum, Forthcoming
U of Chicago Law & Economics, Olin Working Paper No. 548

Abstract:     
This essay analyzes the Pashtunwalli, the tribal code of the Pashtuns, from a political economy perspective. Though it bears some similarity with customary laws of other Afghan tribes, the Pashtun customs are distinctive both for their persistence and harshness. The norms of the Pashtunwalli provide an illustration of the logic of retaliation in private legal systems as well as an institutional solution – the jirga – to minimize the threat of escalation. The paper also considers two normative problems associated with the Pashtunwalli: gender inequities and relatively high levels of violence. It considers a simple strategy for introducing greater normative coherence to the Pashtunwalli that might also ameliorate its morally troubling aspects – the expansion of literacy. While not a panacea, greater levels of education could potentially facilitate clearer substantive norms as well as improved quality of life for women.

Number of Pages in PDF File: 21

Keywords: legal pluralism, private ordering

JEL Classification: K00

Accepted Paper Series





Download This Paper

Date posted: March 23, 2011 ; Last revised: April 22, 2011

Suggested Citation

Ginsburg, Tom, An Economic Interpretation of the Pashtunwalli (March 16, 2011). University of Chicago Legal Forum, Forthcoming; U of Chicago Law & Economics, Olin Working Paper No. 548. Available at SSRN: http://ssrn.com/abstract=1788523

Contact Information

Tom Ginsburg (Contact Author)
University of Chicago Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
Feedback to SSRN


Paper statistics
Abstract Views: 971
Downloads: 387
Download Rank: 43,322
Footnotes:  88

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.281 seconds