Legitimizing Informal Justice: Culture, Authority, and Alternative Dispute Resolution in Pashtun Society

Abstract

The current research paper focuses on the cultural legitimacy of the Alternative Dispute Resolution (ADR) among Pashtun people. It dwells on continuity, social approval of ADR in the Pashtun society and ethics. Through the insight that has been gained after nine in depth interviews and one focus group discussion held at district Karak of Khyber Pakhtunkhwa, this research study focuses on the way that traditional systems like the Jirga are able to legitimize themselves by the way that they are able to command the trust of a community, religious authority and through culture embeddedness. Conversely, hybrid mechanisms, such as DRCs aim at institutionalizing ADR though they hardly achieve the same level of moral legitimacy. Considering the notion of social solidarity as put forward by Durkheim, the theory of traditional authority by Weber and the notion of governmentality as put forward by Foucault, the analysis reveals that the authority of ADR is more related to the collective morality concept than legal formality. Yet, contemporary trends such as modernization, gender exclusion and political interference to such legitimacy claim that this legitimacy needs reforms that would strike a balance between culture continuity and procedural fairness.