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Indigenous Sacred Natural Sites and Spiritual Governance: The Legal Case for Juristic Personhood

Indigenous Sacred Natural Sites and Spiritual Governance: The Legal Case for Juristic Personhood

Author: John Studley
Publisher: Routledge
ISBN: 9781138316232
Published In: November 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 world-views 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 (SW 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 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.

INDIGENOUS SACRED NATURAL SITES WITH REFERENCE TO TIBET

Sacred Natural Site: An Overview

The Sacred Natural Sites of Tibet

The role of Tibetan Spirits of Place in Spiritual Governance

The role of local Tibetan people in the ritual protection of SNS

The status and scale of enspirited SNS and their spiritual governance

The legal status of enspirited SNS

THEORETICAL BASIS FOR POST-ANTHROPOCENTRIC APPROACHES TO NATURE AND JURISPRUDENCE

Ecocentric Themes

Posthuman Relational Themes

Polycentric Legal Frameworks

INDIGENOUS SPIRITUAL ECOLOGY