1. INDIGENOUS SACRED NATURAL SITES WITH REFERENCE TO TIBET 2. THEORETICAL BASIS FOR POST-ANTHROPOCENTRIC APPROACHES TO NATURE AND JURISPRUDENCE 3. INDIGENOUS SPIRITUAL ECOLOGY 4. LEGAL BACKGROUND TO JURISTIC PERSONHOOD 5. LEGISLATIVE CHRONOLOGY OF CASES 6. LITIGATION TO DATE 7. CASE STUDY: RITUAL PROTECTION OF SNS IN THE TIBETAN REGION OF KHAM (SOUTHWEST CHINA) 8. THE CHALLENGE OF PERPETUATING SNS 9. HOW CAN SACRED NATURAL SITES BEST BE PROSECUTED?
John Studley is an Independent Ethno-forestry Researcher and consultant, with many years of experience in the UK, China and Nepal.
"I have always thought that sacred sites make an important
contribution to species conservation in many places around the
world. Here is the carefully prepared evidence that duly describes
and respects the beliefs of indigenous peoples.
The conservation of biological species and of indigenous cultures
belong hand-in-hand. Nowhere is this more apparent that in the many
sacred sites described here. They urgently need adequate legal
standing so clearly outlined.
This is a compelling plea for greater realisation of the important
contribution of Sacred Natural Sites to conservation and for better
legal protection and understanding of their spiritual nature". -
Professor Sir Ghillean Prance FRS, VMH author of That Glorious
Forest: Exploring the Plants and Their Indigenous Uses in Amazonia
and The Earth Under Threat: A Christian Perspective"John Studley
offers new perspectives on the importance that spirituality has for
the conservation of cultural and natural heritage. Recognising
spirits of place (other than human persons) as legal entities,
legitimises their role in Indigenous cultures who’s worldviews
continue to make significant contributions to the conservation of
world’s biological and cultural diversity" - Bas Verschuuren,
Wageningen University, The Netherlands"John Studley opens up a
novel, and possibly revolutionary, way for Western conservationists
to help indigenous people worldwide protect nature. He suggests
that many natural systems are inhabited by locally important
spirits, and notes that those spirits have, in certain intriguing
cases, been granted the attributes of juristic personhood. This
concept which accords legal rights to nature spirits suggests that
conservationists have a new and potentially powerful tactic to use
in the fight against the people and institutions that destroy
nature. It’s such a powerful concept that I’ve used it in various
fictional scenarios. John proposes out-of-the-box thinking that
hopefully will catch on as another way we can use whatever tactics
are available to protect the realms where nature and people are
under threat". - Paul Spencer Sochaczewski, Author of An Inordinate
Fondness for Beetles (1996), co-author of Soul of the Tiger (1988),
former head of global awareness campaigns for WWF
International"John Studley's timely book explores how indigenous
cultures (particularly Tibetan) protect their mountains, lands and
waters by interacting with spiritual guardians and using spiritual
governance systems to live in harmony with their Sacred Natural
Sites. He outlines how legal systems in South America, New Zealand,
India, and the USA are belatedly recognising the value of ancient
cultural relationships that indigenous people have with their
homelands, and explores recent recognition of legal personhood
status being granted to rivers, mountains, Mother nature and the
natural world. He calls for international conservation
organisations to affirm indigenous traditions by entering into
dialogue with indigenous people to implement plural approaches to
nature conservation management, and celebrate the diversity that is
inherent in our rich cultural landscapes around the planet". -
Peter Horsley, Environmental lawyer and consultant to the
Maori"John Studley’s book boldly takes seriously the ‘animist’ case
for legal protection of sacred sites. And after all, if
corporations be legal persons, then why not local spirits or
deities? The burgeoning movement for the ‘rights of nature’ will
want to take this work seriously: both for the potential support it
offers and for the subtly but crucially different emphasis that it
places, on enspirited sacred natural sites." - Rupert Read,
University of East Anglia, UK"Many indigenous peoples, for
generations, have attributed properties of living beings to
non-living objects. Today’s environmental policy has not only
started to recognise these animistic beliefs, but also started to
apply those to contemporary environmental concerns through concepts
such as ‘rights of nature’ or ‘legal personhood’. This ‘animistic
turn’ in environmental policy has livened up the discussion on the
nature-society relationship. John Studley makes a compelling case
for recognising the rights of nature and attributing juristic
personhood to places of spiritual significance. His case will
prompt the organisations in charge of nature conservation today to
seriously consider the spiritual importance of places when setting
out principles for protected area management". - Shonil Bhagwat ,
The Open University, UK
"John Studley engages the long and unjustly neglected phenomena of
the cultural, religious, ecological, and conservation meaning and
significance of indigenous natural sacred sites as enspirited
landscapes. In particular, he marshals the case for recognizing and
promoting their legal status as embracing nonhuman persons in the
form of nature spirits. This extraordinarily innovative and
insightful approach transcends the artificial and counterproductive
limitations of the customary anthropocentric approach to
environmental conservation in exclusive terms of their extrinsic or
utilitarian values. Studley advances new ways of knowing, being
embedded in, and protecting nature through the traditions,
understanding, and wisdom of local indigenous communities." -
Leslie E. Sponsel, University of Hawai`i
"John Studley has bestrode the world of sacred places for years and
is one reason why we all now take such places seriously as both
spiritual and conservation priorities. In his latest book he takes
us into the next logical step for protecting such liminal places.
Giving them rights which have always been there in traditional
cultures and which our ‘rational’ world disregarded at huge social,
emotional and ecological cost. This is the next struggle and John
is once again our leader." - Martin Palmer, Secretary General of
the Alliance of Religions and Conservation (ARC)
"John Studley’s detailed treatment of sacred natural sites is an
important contribution to law in general, and a particularly
important one for contemporary international indigenous law. The
fact is that various groups of people lay claim to heightened
respect for sites and areas they consider to be of an importance
that is or approaches "the sacred" and there is currently a soft
law appreciation of indigenous sacred sites, places and practices
that is hardening into positive law. This piece collects the
various arguments well in support of indigenous perspectives." -
James W Zion, Lawyer, representing the Navajo Nations
"John Studley has produced a work of sweeping scope that covers not
only recent mile stones in the rapidly growing legal basis for
nature rights and protection of indigenous sacred sites, but also
the anthropology of beliefs and practices underpinning "spiritual
governance" of these sites. Covering examples from numerous
indigenous groups and multiple countries on several continents, the
book also draws deeply on Studley’s intimate knowledge of the
Tibetan and Qiangic people of southwest China and Kham. It will be
a valuable introduction to this fascinating and rapidly changing
area of legal development of native rights, as well as an
invaluable reference for scholars, conservationists and activists
interested in indigenous and community conserved areas and
effective means of nature conservation other than state-managed
protected areas". - William V. Bleisch, Research/Programs Director
of China Exploration and Research Society
"John Studley’s new book challenges us to acknowledge and respect
forms of environmental governance rarely considered in the nature
conservation sphere – yet critically important to millions of
people around the world. His comprehensive enquiry into
other-than-human-persons and their relationship to people and
place, particularly from his experience in Tibet, is both
fascinating and exigent, demanding the reader to bow down to the
fact that we humans are not the centre of the universe. Hopefully
the conservation community will take this book in all seriousness,
recognise the important role of spiritual governance, and act
accordingly". - Liza Zogib, Director, DiversEarth"A work of great
erudition and sensitivity. By drawing attention to the past and
present governance of natural areas as part of complex spiritual
systems, Studley illuminates an important pathway to conservation's
future." Harry Jonas, Future Law"Overall, the book is a decent
attempt at arguing for a discourse on recognising the cosmological
and spiritual relations of people with nature, its role in
spiritual governance and impact on conservation. More importantly,
it opens doors to lawyers and researchers on how ‘law’ can be
altered to get SNS recognised and protected." - Shrishtee Bajpai,
from a review in Mongabay, India (May 2019)"The book straddles many
worlds – law, governance, policy, ethnography and popular discourse
– thus being available to a wide range of audiences. It is also a
critical contribution to starting a conversation on the links
between spirituality, ecology and bio-diversity conservation, to
strengthen a-spiritual governance frameworks. In essence, it
provides a basis for thinking about the post-anthropocentric
approaches to nature, conservation, and governance." - Roopa
Madhav, Law, Environment and Development Journal (2020)
"I have always thought that sacred sites make an important
contribution to species conservation in many places around the
world. Here is the carefully prepared evidence that duly describes
and respects the beliefs of indigenous peoples.
The conservation of biological species and of indigenous cultures
belong hand-in-hand. Nowhere is this more apparent that in the many
sacred sites described here. They urgently need adequate legal
standing so clearly outlined.
This is a compelling plea for greater realisation of the important
contribution of Sacred Natural Sites to conservation and for better
legal protection and understanding of their spiritual nature". -
Professor Sir Ghillean Prance FRS, VMH author of That Glorious
Forest: Exploring the Plants and Their Indigenous Uses in Amazonia
and The Earth Under Threat: A Christian Perspective"John Studley
offers new perspectives on the importance that spirituality has for
the conservation of cultural and natural heritage. Recognising
spirits of place (other than human persons) as legal entities,
legitimises their role in Indigenous cultures who’s worldviews
continue to make significant contributions to the conservation of
world’s biological and cultural diversity" - Bas Verschuuren,
Wageningen University, The Netherlands"John Studley opens up a
novel, and possibly revolutionary, way for Western conservationists
to help indigenous people worldwide protect nature. He suggests
that many natural systems are inhabited by locally important
spirits, and notes that those spirits have, in certain intriguing
cases, been granted the attributes of juristic personhood. This
concept which accords legal rights to nature spirits suggests that
conservationists have a new and potentially powerful tactic to use
in the fight against the people and institutions that destroy
nature. It’s such a powerful concept that I’ve used it in various
fictional scenarios. John proposes out-of-the-box thinking that
hopefully will catch on as another way we can use whatever tactics
are available to protect the realms where nature and people are
under threat". - Paul Spencer Sochaczewski, Author of An Inordinate
Fondness for Beetles (1996), co-author of Soul of the Tiger (1988),
former head of global awareness campaigns for WWF
International"John Studley's timely book explores how indigenous
cultures (particularly Tibetan) protect their mountains, lands and
waters by interacting with spiritual guardians and using spiritual
governance systems to live in harmony with their Sacred Natural
Sites. He outlines how legal systems in South America, New Zealand,
India, and the USA are belatedly recognising the value of ancient
cultural relationships that indigenous people have with their
homelands, and explores recent recognition of legal personhood
status being granted to rivers, mountains, Mother nature and the
natural world. He calls for international conservation
organisations to affirm indigenous traditions by entering into
dialogue with indigenous people to implement plural approaches to
nature conservation management, and celebrate the diversity that is
inherent in our rich cultural landscapes around the planet". -
Peter Horsley, Environmental lawyer and consultant to the
Maori"John Studley’s book boldly takes seriously the ‘animist’ case
for legal protection of sacred sites. And after all, if
corporations be legal persons, then why not local spirits or
deities? The burgeoning movement for the ‘rights of nature’ will
want to take this work seriously: both for the potential support it
offers and for the subtly but crucially different emphasis that it
places, on enspirited sacred natural sites." - Rupert Read,
University of East Anglia, UK"Many indigenous peoples, for
generations, have attributed properties of living beings to
non-living objects. Today’s environmental policy has not only
started to recognise these animistic beliefs, but also started to
apply those to contemporary environmental concerns through concepts
such as ‘rights of nature’ or ‘legal personhood’. This ‘animistic
turn’ in environmental policy has livened up the discussion on the
nature-society relationship. John Studley makes a compelling case
for recognising the rights of nature and attributing juristic
personhood to places of spiritual significance. His case will
prompt the organisations in charge of nature conservation today to
seriously consider the spiritual importance of places when setting
out principles for protected area management". - Shonil Bhagwat ,
The Open University, UK
"John Studley engages the long and unjustly neglected phenomena of
the cultural, religious, ecological, and conservation meaning and
significance of indigenous natural sacred sites as enspirited
landscapes. In particular, he marshals the case for recognizing and
promoting their legal status as embracing nonhuman persons in the
form of nature spirits. This extraordinarily innovative and
insightful approach transcends the artificial and counterproductive
limitations of the customary anthropocentric approach to
environmental conservation in exclusive terms of their extrinsic or
utilitarian values. Studley advances new ways of knowing, being
embedded in, and protecting nature through the traditions,
understanding, and wisdom of local indigenous communities." -
Leslie E. Sponsel, University of Hawai`i
"John Studley has bestrode the world of sacred places for years and
is one reason why we all now take such places seriously as both
spiritual and conservation priorities. In his latest book he takes
us into the next logical step for protecting such liminal places.
Giving them rights which have always been there in traditional
cultures and which our ‘rational’ world disregarded at huge social,
emotional and ecological cost. This is the next struggle and John
is once again our leader." - Martin Palmer, Secretary General of
the Alliance of Religions and Conservation (ARC)
"John Studley’s detailed treatment of sacred natural sites is an
important contribution to law in general, and a particularly
important one for contemporary international indigenous law. The
fact is that various groups of people lay claim to heightened
respect for sites and areas they consider to be of an importance
that is or approaches "the sacred" and there is currently a soft
law appreciation of indigenous sacred sites, places and practices
that is hardening into positive law. This piece collects the
various arguments well in support of indigenous perspectives." -
James W Zion, Lawyer, representing the Navajo Nations
"John Studley has produced a work of sweeping scope that covers not
only recent mile stones in the rapidly growing legal basis for
nature rights and protection of indigenous sacred sites, but also
the anthropology of beliefs and practices underpinning "spiritual
governance" of these sites. Covering examples from numerous
indigenous groups and multiple countries on several continents, the
book also draws deeply on Studley’s intimate knowledge of the
Tibetan and Qiangic people of southwest China and Kham. It will be
a valuable introduction to this fascinating and rapidly changing
area of legal development of native rights, as well as an
invaluable reference for scholars, conservationists and activists
interested in indigenous and community conserved areas and
effective means of nature conservation other than state-managed
protected areas". - William V. Bleisch, Research/Programs Director
of China Exploration and Research Society
"John Studley’s new book challenges us to acknowledge and respect
forms of environmental governance rarely considered in the nature
conservation sphere – yet critically important to millions of
people around the world. His comprehensive enquiry into
other-than-human-persons and their relationship to people and
place, particularly from his experience in Tibet, is both
fascinating and exigent, demanding the reader to bow down to the
fact that we humans are not the centre of the universe. Hopefully
the conservation community will take this book in all seriousness,
recognise the important role of spiritual governance, and act
accordingly". - Liza Zogib, Director, DiversEarth"A work of great
erudition and sensitivity. By drawing attention to the past and
present governance of natural areas as part of complex spiritual
systems, Studley illuminates an important pathway to conservation's
future." Harry Jonas, Future Law"Overall, the book is a decent
attempt at arguing for a discourse on recognising the cosmological
and spiritual relations of people with nature, its role in
spiritual governance and impact on conservation. More importantly,
it opens doors to lawyers and researchers on how ‘law’ can be
altered to get SNS recognised and protected." - Shrishtee Bajpai,
from a review in Mongabay, India (May 2019)"The book straddles many
worlds – law, governance, policy, ethnography and popular discourse
– thus being available to a wide range of audiences. It is also a
critical contribution to starting a conversation on the links
between spirituality, ecology and bio-diversity conservation, to
strengthen a-spiritual governance frameworks. In essence, it
provides a basis for thinking about the post-anthropocentric
approaches to nature, conservation, and governance." - Roopa
Madhav, Law, Environment and Development Journal (2020)
Ask a Question About this Product More... |