原住民族地方性道德世界(Local Moral Worlds)觀與司法正義:以賽夏族為例

Translated title of the contribution: Indigenous Local Moral Worlds and Judicial Justice: A Case Study from the Saysiyat

Hung-Yu Ru

Research output: Contribution to journalArticlepeer-review

Abstract

The indigenous peoples of Taiwan have confronted the judicial discrimination in the past several decades. The dominant judicial institution of the nation-state designed by Han Chinese has resulted in social injustice and the violation of indigenous human right in the court in Taiwan. The purpose of this study aims to explore the relationship between indigenous local moral world and judicial justice by scrutinizing the oral histories of the Saysiyat and investigate the social mechanism related to the practices of local moral world in Saysiyat society. The results of this study suggested three components of the local moral world of the Saysiyat: the normative element, regularity, and enforcement. These components lead to the categories that guide the appropriate recognition processes and behaviors of the Saysiyat. The punishment is given to those whose behaviors are out of the categories. Although the court is not found in Saysiyat society, the tribal conference that consists of all clan’s representatives plays a central role in solving the conflicts among tribal members, and between the Saysiyat and outsiders. Accordingly, the concept of law as well as a cultural component do exist, and are practiced in Saysiyat society. To improve indigenous inferior position in the judicial institution, the nation-state should take the following strategies. First, the court should follow indigenous customs to organize a tribal conference that the judges can work with when a trial takes place. Second, new courses related to indigenous cultures and societies should be introduced and taught at the law school to build up students’ cultural competence of indigenous peoples. Finally, scholars should explore the indigenous concept of law by studying indigenous local moral world, and then use the knowledge to create a friendly and legal infrastructure that can contribute to the promotion of indigenous judicial justice and human right.
Translated title of the contributionIndigenous Local Moral Worlds and Judicial Justice: A Case Study from the Saysiyat
Original languageChinese (Traditional)
Pages (from-to)139-167
Number of pages29
Journal台灣原住民族研究季刊
Volume6
Issue number2
Publication statusPublished - 2013
Externally publishedYes

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