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Law’s governance seemingly faces an uncertain future. In one direction, the alternative to law’s governance is a dangerous state of disorder and, potentially, existential threats to humanity. That is not the direction in which we should be going, and we do not want our escalating discontent with law’s governance to give it any assistance. Law’s governance is already held in contempt by many. In the other direction, if we pursue technological solutions to the imperfections in law’s governance, there is a risk that we diminish the importance of humans and their agency. If any community is contemplating transition to governance by technology, it needs to start its impact assessment with the question of whether the new tools are compatible with sustaining the foundational conditions themselves.
In this chapter the “Pashtun Borderland” – a key concept throughout the book – is framed as a distinct physical and geopolitical space. This space, it is argued, is shaped by the complex interplay of imperial aspiration by larger polities claiming their authority over this space and ethnic self-ascriptions arising as a consequence. The heavy ideological baggage both practices pivot on is somewhat disenchanted by significant lines of conflict which traverse the region and its communities: between lowland and upland communities, between local elites and subalterns and between urban and rural communities. It is claimed that the persona of the discontent, or troublemaker, is a systemic result of these complex constellations, heavily fuelled by the agendas of successive imperial actors and the making and un-making of temporary pragmatic alliances typical for this kind of environment, ideal-typically cast here as “Borderland pragmatics”.
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