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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
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.
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.
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