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

Abstract

Balay, kbalay, and sbalay are a series of related terms in the language of Tayal indigenous people in Taiwan. They connote Tayal 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 sbalay philosophy that entrusts consensus and reconciliation with the truth. Examining the recent Pyanan Cypress Tree Incident sbalay 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 Tayal people to practice the sbalay philosophy and human-land relations as part of the recognition of indigenous self-determination.