‘Spacing’ minority relations: investigating the tribal areas of Pakistan using a spatio-historical method of analysis

Gilani, Sabrina (2015) ‘Spacing’ minority relations: investigating the tribal areas of Pakistan using a spatio-historical method of analysis. Social and Legal Studies. ISSN 1461-7390

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Abstract

This article considers the mutually constitutive relationship between law and geography and relates this back to the issue of minority protection and cultural recognition. Introducing a new method of inquiry, spatio-historical analysis, this article argues that a historical study of a legal and political geography can fundamentally enhance a sociolegal analysis of contemporary structures and processes of governance vested with the aim of protecting and promoting cultural diversity. Using the tribal areas of Pakistan as a case study, this article examines how the colonial history of the tribal areas brings
into question its contemporary status in Pakistani constitutional law. It further problematizes the idea that the tribal areas’ unique legal position can be attributed to the state’s recognition and promotion of the Pakhtun community’s right of normative autonomy. This article demonstrates how a spatio-historical model of analysis can
reveal previously less visible sites of power and forms of domination that bring into question the historical linking of race and space and the significance of this relationship
to questions about appropriate forms and expressions of normative autonomy within liberal societies.

Item Type: Article
Keywords: Colonialism, legal geography, legal pluralism, minority rights, multiculturalism, normative autonomy, political geography, tribal rights
Schools and Departments: School of Law, Politics and Sociology > Law
Depositing User: Sabrina Gilani
Date Deposited: 09 Jan 2015 11:25
Last Modified: 07 Mar 2017 10:20
URI: http://sro.sussex.ac.uk/id/eprint/52009

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