A key tool / weapon in the use of mass and collective violence of so-called ‘tribal’ societies of Pakistan is the prejudiced presumption that these are ‘lawless’ communities, or communities that have ‘traditional law’ or even no ‘rule of law’. Few have examined the idea of ‘rule of law’, and the use of this convention to oppress and dominate those who have something that does not look like what is basically a bizarre belief that only anglo-american ideas of law are valid descriptions of ‘rule of law’.
As Ugo Mattei, in his essay ”Emergency based predatory capitalism'(see the book: “contemporary states of emergency”, edited by Didier Fassin / Mariella Pandolfi) , points out.
“It is worth repeating that whatever sense of the term (rule of law) we choose, the meaning of ‘the rule of law’ finds its roots in the deepest self-conscious of Western civilisation. It is certainly remote from non-Western political experiences. The ‘Orientalism’ that altogether dominates Western political discourse feeds on the perception of the ‘other’ (the non-Western) as lacking ‘the rule of law’ and therefore lacking ‘law’ itself, and consequently the basis of human rights. This discourse rejects the idea that the legal profession is just one of the ways in which conflicts can be governed in complex society. It perhaps may be a ‘better’ technical instrument, but certainly is not a more legitimate one from a democratic perspective, since jurists lack democratic legitimacy. From this perspective, the narrative around the legal history of people considered ‘without history’ is false beyond all limits.” Details »
