探討排灣族習慣法中有關正義的概念與實踐

排灣族的部落社會是以mamazangiljan（核心家庭）為中心。部落的社會規範旨在建立一個正義的、公義的、復合的、平衡的及健康的互動關係。在這樣的部落環境裡，部落的每一個成員都被要求實踐人與人、人與親屬、人與部落、人與社會及人與大自然的正義關係。所以，每一個人心中要有一把尺，犯錯就要付代價、扛責任、賠罪、補償和參與修復的責任。相對於此的是自己也要隨時預備好自己有饒恕別人、接受加害者的賠罪，給人機會獲得修復與重建的認知與精神。本文的目的是「探討排灣族習慣法中有關正義的概念與實踐」。將分別從排灣族「區域社會」觀念、維護「區域社會」的法制狀態、有關「罪」與「罰」的觀念及從排灣族的人觀詮釋「傳統習慣中的犯錯者與刑罰者之間正義的關係」之整體意義。

關鍵字

核心家庭；習慣法；修復；正義；復合；罪；罰；補償；責任

並列摘要

Paiwan tribal society has the concept of mamazangiljan (nuclear family) as its heart. Tribal customary law is aimed at establishing a just and righteous, restorative, balanced and healthy interaction. In this tribal environment, every member of the tribe is asked to strengthen their relationships between people and relatives, people and tribe, people and social justice and the relationship between man and nature. Therefore, the hearts of everyone need to be carefully governed; mistakes must bear costs and individuals carry the responsibility to make amends, pay compensation and the responsibilities involved in making reparations. In contrast to this, members of the tribe also have to be ready at any time to forgive others, to accept an offer to make from amends perpetrators, giving access to the repair and reconstruction of cognitive and spiritual bonds.The purpose of this paper is to ”study the Paiwan customary law and practice of the concept of justice.” In order to grasp the concept of justice and understand practice the overall significance of the tribe, this paper will be from perspective of the Paiwan regional social concepts, legal maintenance of regional social status, and about the concepts of crime and punishment and will also be from the Paiwan people's view and interpretations of traditional customary law relating to penalties for offenders and their relationship with victims.