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Author: John Studley
Publisher: Routledge
ISBN: 0429849796
Category : Law
Languages : en
Pages : 141
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Book Description
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.
Author: John Studley
Publisher: Routledge
ISBN: 0429849796
Category : Law
Languages : en
Pages : 141
Get Book Here
Book Description
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.
Author: Jonathan Liljeblad
Publisher: Routledge
ISBN: 1351234897
Category : Social Science
Languages : en
Pages : 247
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Book Description
Much previous literature on sacred natural sites has been written from a non-indigenous perspective. In contrast, this book facilitates a greater self-expression of indigenous perspectives regarding treatment of the sacred and its protection and governance in the face of threats from various forms of natural resource exploitation and development. It provides indigenous custodians the opportunity to explain how they view and treat the sacred through a written account that is available to a global audience. It thus illuminates similarities and differences of both definitions, interpretations and governance approaches regarding sacred natural phenomena and their conservation. The volume presents an international range of case studies, from the recent controversy of pipeline construction at Standing Rock, a sacred site for the Sioux people spanning North and South Dakota, to others located in Australia, Canada, East Timor, Hawaii, India, Mexico, Myanmar, Nigeria and the Philippines. Each chapter includes an analytical introduction and conclusion written by the editors to identify common themes, unique insights and key messages. The book is therefore a valuable teaching resource for students of indigenous studies, anthropology, religion, heritage, human rights and law, nature conservation and environmental protection. It will also be of great interest to professionals and NGOs concerned with nature and heritage conservation.
Author: Bas Verschuuren
Publisher: Routledge
ISBN: 1136530746
Category : Nature
Languages : en
Pages : 338
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Book Description
Sacred Natural Sites are the world's oldest protected places. This book focuses on a wide spread of both iconic and lesser known examples such as sacred groves of the Western Ghats (India), Sagarmatha /Chomolongma (Mt Everest, Nepal, Tibet - and China), the Golden Mountains of Altai (Russia), Holy Island of Lindisfarne (UK) and the sacred lakes of the Niger Delta (Nigeria). The book illustrates that sacred natural sites, although often under threat, exist within and outside formally recognised protected areas, heritage sites. Sacred natural sites may well be some of the last strongholds for building resilient networks of connected landscapes. They also form important nodes for maintaining a dynamic socio-cultural fabric in the face of global change. The diverse authors bridge the gap between approaches to the conservation of cultural and biological diversity by taking into account cultural and spiritual values together with the socio-economic interests of the custodian communities and other relevant stakeholders.
Author: Bas Verschuuren
Publisher: Routledge
ISBN: 1317384679
Category : Philosophy
Languages : en
Pages : 394
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Book Description
Nature conservation planning tends to be driven by models based on Western norms and science, but these may not represent the cultural, philosophical and religious contexts of much of Asia. This book provides a new perspective on the topic of sacred natural sites and cultural heritage by linking Asian cultures, religions and worldviews with contemporary conservation practices and approaches. The chapters focus on the modern significance of sacred natural sites in Asian protected areas with reference, where appropriate, to an Asian philosophy of protected areas. Drawn from over 20 different countries, the book covers examples of sacred natural sites from all of IUCN’s protected area categories and governance types. The authors demonstrate the challenges faced to maintain culture and support spiritual and religious governance and management structures in the face of strong modernisation across Asia. The book shows how sacred natural sites contribute to defining new, more sustainable and more equitable forms of protected areas and conservation that reflect the worldviews and beliefs of their respective cultures and religions. The book contributes to a paradigm-shift in conservation and protected areas as it advocates for greater recognition of culture and spirituality through the adoption of biocultural conservation approaches.
Author: Bas Verschuuren
Publisher: Routledge
ISBN: 1351609319
Category : Social Science
Languages : en
Pages : 409
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Book Description
Cultural and spiritual bonds with ‘nature’ are among the strongest motivators for nature conservation; yet they are seldom taken into account in the governance and management of protected and conserved areas. The starting point of this book is that to be sustainable, effective, and equitable, approaches to the management and governance of these areas need to engage with people’s deeply held cultural, spiritual, personal, and community values, alongside inspiring action to conserve biological, geological, and cultural diversity. Since protected area management and governance have traditionally been based on scientific research, a combination of science and spirituality can engage and empower a variety of stakeholders from different cultural and religious backgrounds. As evidenced in this volume, stakeholders range from indigenous peoples and local communities to those following mainstream religions and those representing the wider public. The authors argue that the scope of protected area management and governance needs to be extended to acknowledge the rights, responsibilities, obligations, and aspirations of stakeholder groups and to recognise the cultural and spiritual significance that ‘nature’ holds for people. The book also has direct practical applications. These follow the IUCN Best Practice Guidelines for protected and conserved area managers and present a wide range of case studies from around the world, including Africa, Asia, Australia, Europe, and the Americas.
Author: Robert Wild
Publisher: IUCN
ISBN: 2831710391
Category : Cultural property
Languages : en
Pages : 131
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Book Description
Author: John Studley
Publisher:
ISBN: 9780429455797
Category : Indigenous peoples (International law)
Languages : en
Pages :
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Book Description
Author: Fikret Berkes
Publisher: Routledge
ISBN: 1136341722
Category : Social Science
Languages : en
Pages : 377
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Book Description
Sacred Ecology examines bodies of knowledge held by indigenous and other rural peoples around the world, and asks how we can learn from this knowledge and ways of knowing. Berkes explores the importance of local and indigenous knowledge as a complement to scientific ecology, and its cultural and political significance for indigenous groups themselves. This third edition further develops the point that traditional knowledge as process, rather than as content, is what we should be examining. It has been updated with about 150 new references, and includes an extensive list of web resources through which instructors can access additional material and further illustrate many of the topics and themes in the book. Winner of the Ecological Society of America's 2014 Sustainability Science Award.
Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 0691190909
Category : History
Languages : en
Pages : 400
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Book Description
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--
Author: Michael Lee Ross
Publisher: University of British Columbia Press
ISBN: 9780774811309
Category : History
Languages : en
Pages : 0
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Book Description
The sacred sites of indigenous peoples are under increasing threat worldwide. The threat’s origin is traceable to state appropriation of control over their ancestral territories; its increase is fueled by insatiable demands on lands, waters, and natural resources. Because their sacred sites spiritually anchor their relationship with their lands, and because their relationship with their lands is at the core of their identities, threats to their sacred sites are effectively threats to indigenous peoples themselves. In recent decades, First Nations peoples of Canada, like other indigenous peoples, have faced hard choices. Sometimes, they have foregone public defence of their threatened sacred sites in order to avoid compounding disrespect and to grieve in private over the desecration and even destruction. Other times, they have mounted public protests – ranging from public information campaigns to on-the-ground resistance, the latter having occurred famously at Oka, Ipperwash, and Gustafsen Lake. Of late, they have also taken their fight to the courts. First Nations Sacred Sites in Canada’s Courts is the first work to examine how Canada’s courts have responded. Informed by elements of a general theory of sacred sites and supported by a thorough analysis of nearly a dozen cases, the book demonstrates not merely that the courts have failed but also why they have failed to treat First Nations sacred sites fairly. The book does not, however, end on a wholly critical note. It goes on to suggest practical ways in which courts can improve on their treatment of First Nations sacred sites and, finally, to reflect that Canada too has something profound at stake in the struggle of First Nations peoples for their sacred sites. Although intended for anthropologists, lawyers, judges, politicians, and scholars (particularly those in anthropology, law, native studies, politics, and religious studies), First Nations Sacred Sites in Canada’s Courts may be read with profit by anyone interested in the evolving relationship between indigenous peoples and the modern state.
