Indigenous sacred natural sites and spiritual governance : the legal case of juristic personhood /
Studley, John,
Indigenous sacred natural sites and spiritual governance : the legal case of juristic personhood / John Studley. - 1 online resource (xxvi, 120 pages). - Routledge focus on environment and sustainability .
Indigenous sacred natural sites with reference to Tibet -- Theoretical basis for post-anthropocentric approaches to nature and jurisprudence -- Indigenous spiritual ecology -- Legal background to juristic personhood -- Legislative chronology of cases -- Litigation to date -- Case study : ritual protection of sns in the Tibetan region of Kham (SW China) -- The challenge of perpetuating SNS -- How can sacred natural sites best be prosecuted.
Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.
9780429455797 0429455798 9780429849794 0429849796 9780429849800 042984980X 9780429849787 0429849788
Sacred space--Law and legislation.
Protected areas--Law and legislation.
Juristic persons.
Locus standi.
Nature--Religious aspects.
Indigenous peoples (International law)
LAW / Administrative Law & Regulatory Practice.
LAW / Environmental.
Sacred natural sites
K3791 / .S78 2019
344/.094
Indigenous sacred natural sites and spiritual governance : the legal case of juristic personhood / John Studley. - 1 online resource (xxvi, 120 pages). - Routledge focus on environment and sustainability .
Indigenous sacred natural sites with reference to Tibet -- Theoretical basis for post-anthropocentric approaches to nature and jurisprudence -- Indigenous spiritual ecology -- Legal background to juristic personhood -- Legislative chronology of cases -- Litigation to date -- Case study : ritual protection of sns in the Tibetan region of Kham (SW China) -- The challenge of perpetuating SNS -- How can sacred natural sites best be prosecuted.
Since time immemorial indigenous people have engaged in legal relationships with other-than-human-persons. These relationships are exemplified in enspirited sacred natural sites, which are owned and governed by numina spirits that can potentially place legal demands on humankind in return for protection and blessing. Although conservationists recognise the biodiverse significance of most sacred natural sites, the role of spiritual agency by other-than-human-persons is not well understood. Consequently, sacred natural sites typically lack legal status and IUCN-designated protection. More recent ecocentric and posthuman worldviews and polycentric legal frameworks have allowed courts and legislatures to grant 'rights' to nature and 'juristic personhood' and standing to biophysical entities. This book examines the indigenous literature and recent legal cases as a pretext for granting juristic personhood to enspirited sacred natural sites. The author draws on two decades of his research among Tibetans in Kham (southwest China), to provide a detailed case study. It is argued that juristic personhood is contingent upon the presence and agency of a resident numina and that recognition should be given to their role in spiritual governance over their jurisdiction. The book concludes by recommending that advocacy organisations help indigenous people with test cases to secure standing for threatened sacred natural sites (SNS) and calls upon IUCN, UNESCO (MAB and WHS), ASEAN Heritage and EuroNatura to retrospectively re-designate their properties, reserves, parks and initiatives so that SNS and spiritual governance are fully recognised and embraced. It will be of great interest to advanced students and researchers in environmental law, nature conservation, religion and anthropology.
9780429455797 0429455798 9780429849794 0429849796 9780429849800 042984980X 9780429849787 0429849788
Sacred space--Law and legislation.
Protected areas--Law and legislation.
Juristic persons.
Locus standi.
Nature--Religious aspects.
Indigenous peoples (International law)
LAW / Administrative Law & Regulatory Practice.
LAW / Environmental.
Sacred natural sites
K3791 / .S78 2019
344/.094