Land and justice from the indigenous perspective: a study on the Tayal philosophy of "sbalay"

Abstract

<i>Balay, kbalay,</i> and <i>sbalay</i> are a series of related terms in the language of <i>Tayal</i> indigenous people in Taiwan. They connote <i>Tayal</i> people’s philosophy of reconciliation which is not only for resolving conflicts in the society but also embodied in the human–land relations. This article discusses the concept of justice in the <i>sbalay</i> philosophy that entrusts consensus and reconciliation with the truth. Examining the recent Pyanan Cypress Tree Incident <i>sbalay</i> case, this article analyzes the difference between Tayal people’s value system and Taiwanese state law and discusses some of the reasons behind the land conflicts between the state and indigenous peoples. This article suggests that it is necessary to provide legal space for <i>Tayal</i> people to practice the <i>sbalay</i> philosophy and human-land relations as part of the recognition of indigenous self-determination.