Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Biall2018b
Blackstone 2019
Apil clinical negligence
Tolleys health
Chitty 33rd
Ws hxmas
Archboldphase2

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

Image not available ebook lge

ISBN13: 9780429849794
Published: November 2018
Publisher: Routledge
Country of Publication: UK
Format: eBook (ePub)
Price: £12.50 + £2.50 VAT
The amount of VAT charged may change depending on your location of use.


Once the order is confirmed an automated e-mail will be sent to you to allow you to download the eBook.

All eBooks are supplied firm sale and cannot be returned. If you believe there is a fault with your eBook then contact us on ebooks@wildy.com and we will help in resolving the issue. This does not affect your statutory rights.

This eBook is available in the following formats: ePub.


In stock.
Need help with ebook formats?


Also available as
Hardback
9781138316232
not yet published
£45.00

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.

Image not available ebook lge
Subjects:
Environmental Law, eBooks
Contents:
1. 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
2. THEORETICAL BASIS FOR POST-ANTHROPOCENTRIC APPROACHES TO NATURE AND JURISPRUDENCE
Ecocentric Themes
Posthuman Relational Themes
Polycentric Legal Frameworks
3. INDIGENOUS SPIRITUAL ECOLOGY
Animism
Shamanism
Spiritual owners-masters of Land and Flora & Fauna
Personhood
Kinship
Covenants (of reciprocity or ritual exchange)
Reciprocity
Equilibrium
Auditing
Relational Ontologies
Agency
Sui generis norms
4. LEGAL BACKGROUND TO JURISTIC PERSONHOOD
The doctrine of Public Trusts
Granting Legal Status to Non-human Persons
Legal Status for Mother Earth
Granting Recognition to Sacred Natural Sites
5. LEGISLATIVE CHRONOLOGY OF CASES
Te Urewera, New Zealand
Mount Mauna Kea, Hawaii
Te Awa Tupua (Whanganui River), New Zealand
The Ganges River, India
Uttarakhand Himalaya, India
The Atrato River, Colombia
Grizzly Bear Spirit valley or Qat’muk, Canada
Mount Taranaki, New Zealand
6. LITIGATION TO DATE
Ecuador
USA (Pennsylvania)
India
Gaining judicial traction for ‘Rights of Nature’ and Juristic Personhood
7. CASE STUDY: RITUAL PROTECTION OF SNS IN THE TIBETAN REGION OF KHAM (SW CHINA)
Kham
Peoples of Eastern Kham
History
Kham-ba Identity
Cultural Context
Environmental Perception
The status of SNS and the gzhi bdag cult in Eastern Kham
Lay participation in the Ritual Protection of SNS in Eastern Kham (with special reference to Danba County)
8. THE CHALLENGE OF PERPETUATING SNS
Institutional support for SNS
Matching Indigenous beliefs with modern jurisprudence
Congruence with animism
Legal acceptance
The question of Guardians
Scaling-Up
Establishing priorities
Ensuring standing for nature spirits (or environmental spirits)
9. HOW CAN SACRED NATURAL SITES BEST BE PROSECUTED