Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

A Comparative Analysis of Post-modern Thought in Afshin and Boudelaf's Story with the Approach of the Iranian and French Legal Systems

Articles in Press

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
Tarikh Beyhaqi is one of the prominent texts in the field of Persian history and literature; which narrates real literary and social historical events. Beyond the narrative of "Afshin and Budelf", 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, the crime and the recognition of the effective factors in it do not take place independently of values and interests, and the element of power is used against people. In addition, crime does not necessarily exist in the world of reality; 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 law 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. In this article, using the method of content analysis, the author tries to explain the story of "Afshin and Budelf" from the point of view of post-modern criminology by referring to the valuable and great work of Beyhaqi history. This study shows that in this historical event, the manifestations of this theory such as structural factors of delinquency, power, racism, ethnic discrimination and peaceful discourses have been emphasized.
Keywords
Beyhaqi history
Afshin and Budelf affair
post-modern criminology
power
discourse
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Journal of Research and Development in Comparative Law

Articles in Press, Accepted Manuscript
Available Online from 22 September 2025