Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

A Comparative Analysis of Postmodern Thought in the Afshin and Boudalaf in Story by an Approach Regarding Iranian and French Legal Systems

Document Type : scientific research paper

Author
fatemeh noori
Department of law, payamenoor university(PNU), p. o. BOx 19395_4697, Tehran, Iran
10.22034/law.2025.2053378.1612
Abstract
History of Beyhaqi is one of the prominent texts in the field of Persian history and literature; which narrates the reality of literary and social historical events. Beyond the narrative of "Afshin and Boudalf", Bayhaghi explains a specific structure of the criminal atmosphere of the Ghaznavid era in the form of a documentary story, focusing on the institutions of criminal justice. Through its study, one can get new criminological theories about crime and its etiology. In these theories, crime and the recognition of the effective factors in it do not take place regardless of values and interests, and the element of power is used against people. In addition, crime does not necessarily exist in the real world; Rather, it is these influential and powerful people who build it. Crime is the product of the use of power by the ruling classes to constrain the behavior of those excluded from power.
Postmodern criminology questions the classical and traditional monolithic readings of crime. It believes that law and canon itself are reflections of the discourse, dominant language, and ideology of the ruling political group, which are used to suppress groups that are politically inferior. Accordingly, in addition to the element of power, subjectivism, rather than objectivism, plays an important role in explaining crime. There is no objective truth, and interpretations and meanings of behavior are merely the product of a linguistic, abstract, and mental game that has no reality in the outside world. Linguistic systems are always organized in a way that supports certain groups and ideas and marginalizes other groups. Using the comparative analysis method, in this article, the author seeks to delineate "Afshin and Boudalaf" story from the perspective of postmodern criminology in the Iranian and French legal systems, referring to the valuable and great work of Beyhaqi history.
This study shows that in this historical event, the features of this theory such as structural factors of delinquency, power, racism, ethnic discrimination and peaceful discourses have been emphasized.
Keywords
Beyhaqi history
Afshin and Boudalaf story
post-modern criminology
power
discourse
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