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

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P139 - 167

Humanities > Anthropology & Ethnic Studies

DOI： 10.29910/TJIS

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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

Indigenous Local Moral Worlds and Judicial Justice: A Case Study from the Saysiyat

日宏煜(Umin˙Itei)

台灣原住民族研究； 6卷2期 (2013 / 06 / 01) ， P139 - 167

繁體中文

氏族合議制度；原住民族；司法正義；地方性道德世界觀；賽夏族； Tribal conference ； Indigenous peoples ； Judicial justice ； Local moral world ； The Saysiyat

Abstract │ Reference (21) │ Times Cited (1) │ Altmetrics

Abstract 〈TOP〉

Parallel Abstract 〈TOP〉

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.

Reference ( 21 ) 〈TOP〉

張道周(2012)。原住民參與審判—原住民審判主體地位的建立。台灣原住民族研究季刊，5(3)，41-83。
連結：
湯文章(2012)。論應否設置原住民族專屬法院或法庭。台灣原住民族研究季刊，5(3)，85-119。
連結：
雅柏甦詠•博伊哲努、楊曉珞(2012)。文明社會的野蠻誡命—從嘉義地方法院九十二年度簡上字第一五一號判決談鄒族傳統財產權。台灣原住民族研究季刊，5(3)，121-157。
連結：
Good, Mary-Jo Delvecchio(ed.)(1992).Pain as Human Experience: an Anthropological Persepctive.Berkley:University of California Press.
Hoebel, Adamson E.(2006).The Law of Primitive Man: A Study in Comparative Legal Dynamics.Cambridge, MA:Harvard University Press.

Times Cited ( 1 ) 〈TOP〉

黃居正、邱盈翠(2015)。台灣原住民族集體同意權之規範與實踐。臺灣民主季刊，12(3)，43-82。

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