CAPÍTULO III. MODELO PEDAGÓGICO DE EDUCACIÓN PARA LA PAZ CENTRADA EN LOS VALORES MORALES EN LA ESCUELA MEDIA SUPERIOR.
DESCRIPCIÓN Y RESULTADOS DE LA APLICACIÓN DE LAS ACCIONES.
The structure of the thesis follows the theoretical journey my research has taken in order to trace the perimeter of the research question, as well as to comprehend the complexity of the subject matter. It offers a dialogue between the legal context under consideration and the narratives employed to understand it, and this dialogue frames the flow of the text. The next section of the thesis discusses the methodology and methods employed to conduct this research. It begins by offering a background to the questions from which the research started, and links it to the overarching research question that drives the current study. The section provides information on Engaged Theory,27
which serves as the main methodology for the present examination.
Chapter 1 provides a brief overview of the overall project. It identifies and briefly discusses the four prominent narratives arguably employed to approach law in the context of Pakistan, highlighting some of the contradictions and challenges that emerge when these perspectives are analysed in relation to Pakistan’s socio-‐legal terrain. The first chapter also introduces the main assertions of the thesis and introduces the idea that an alternative narrative of law, such as the one based on the idea of Coloniality, might enable us to understand the issues of the context more holistically.
Chapter 2 constitutes the most descriptive part of the study, and presents an overview of the constitutional and legal turmoil that has gripped Pakistan in the
post-‐independence era. The purpose behind this section is to provide the reader an insight into the legal uncertainty at the level of the state, which frames the socio-‐legal architecture of the country.
Chapter 3 lays out the overall context of the current examination by outlining key aspects of the complex socio-‐legal terrain of Pakistan. The chapter discusses the country’s constitutional arrangement and common law heritage, their engagement with notions of Islamic law, the presence of traditional tribunals and informal courts, problems of colonial laws and rules governing the Tribal regions, and the difficulties associated with the rise of internal and external violence. The historical trajectories of these domains and their mutual interplay will be discussed to provide a footing to allow us to begin to understand what may be characterised within the boundaries of legal and socio-‐legal spheres.
Chapter 4 addresses and challenges the mainstream understanding of law as it exists within Pakistan, both within the legal fraternity as well as in the wider discourse. It will be argued that this dominant narrative on law is symptomatic of and linked to the legal positivistic approach, which dominates the legal and political discourse in the country. Through a brief discussion on the narrative on law based on this perspective, the chapter argues that the exclusivity of positivism fails to provide us any insight into the plurality of normative orderings that exist in Pakistan. It will also be asserted that our insistence on a Hobbesian approach to state as the solution to all evils is based on our inability to problematise the historical nature of the State in Pakistan.
Chapters 5 and 6 present and discuss the most prominent critiques of the dominant narrative on law as they exist in the country. These critiques focus on the alienation and foreignness of the mainstream legal institutions and instruments, and challenge their link to the colonial legacy of the region. I will argue that these challenges lead to two alternative approaches to law: Islamic Law and Legal Pluralism. Chapters 5 and 6 will be devoted to these two narratives of law respectively. The former chapter will discuss the ascendancy of the Islamic narrative, its nuances and the challenges it presents. The core debates and problems associated with legal pluralism will be covered in Chapter 6. This chapter will argue that while pluralism allows us to recognise the multiplicity of legal and normative orderings in the country, it does not give enough weight to the repressive or problematic notions of the traditional or informal justice systems.
Linked to the problems of legal pluralism, Chapter 7 discusses the human rights approach to law, which is gaining ever more ascendancy in Pakistan, and is the main viewpoint employed to challenge the traditional and informal justice systems of the country. The chapter argues that while human rights campaigners correctly challenge the patriarchy, clientelism and misogyny present in the informal systems, the narrative on the whole fails to highlight the same problems that mar the state mechanisms of the country. Human rights approach to law makes demands for a stronger state and a stronger writ of the government, but through this it often replicates the problems it set out to challenge.
Chapter 8 provides us with a return to the overall context of law and will present an alternative narrative to understand the socio-‐legal tapestry of Pakistan. Building on the framework of Coloniality and the historical legacy of colonialism, it presents a more nuanced approach to understanding the particularities of the socio-‐legal terrain of Pakistan. Moreover, borrowing conceptual building blocks from the previous discussion on context and narratives, it will offer a different approach through which law and socio-‐legal framework of Pakistan may be considered. Though this theorisation would certainly have room for critique and improvement, it would allow us to both comprehend the socio-‐legal tapestry of Pakistan more holistically, as well as create room for its elaboration and expansion. The last section of the chapter will also present a rereading of the contextual phenomena in the light of the alternative narrative constructed in the previous sections. This will then be followed by a concluding chapter to the dissertation.