Criminal Law Response to Shamanism—Is Combating Immaterial Culture a Means to Civilisation Progress on the Example of Penal Code Regulations of the Central African Republic and the Democratic Republic of Congo?
Michał Tadeusz Najman
Religions December 22, 2022 DOI: 10.3390/rel14010023 (opens in new tab)
Study at a glance
AI-extracted from the abstract| Characteristics | Theoretical or philosophical paper Peer reviewed |
|---|---|
| Topics | Shamanism |
| Citations | 2 |
| Key points | Argues that criminalizing shamanic rituals involving human remains is inconsistent with democratic principles including expression and self-determination, and that such practices may constitute intangible cultural heritage warranting legal protection. Contends that change should come through community awareness rather than criminal law, which the author says deepens pathological phenomena and contributes to the disappearance of indigenous cultures. |
Abstract
The function of the law in shaping social values is exposed in the article. Thispaper considers whether certain practices penalised in the surveyed countries (carrying our rituals with the use of human remains) could be classified as intangible cultural heritage and, thus, whether these practices should be legally protected. The main conclusion of the analysis is the statement that criminal law as a response to shamanism is inconsistent with the basic principles of a democratic state oflaw, including the right to expression and self-determination. Assuming that described social phenomenon exists in a society, and at the same time, this practice does not threaten other members of this society and is commonly accepted, the legislator should avoid creating regulations that are inconsistent with the current axiological system in a given community. The elimination of certain practices should take place by creating civilisation awareness inside a community. Criminal law does not fulfil this function. On the contrary, it contributes to the deepening and consolidation of the existence of certain pathological phenomena, as well as to the disappearance of indigenous cultures.
Comparable studies
Other theoretical and historical papers on shamanism, most cited first.
| Study | Year | Design | Participants |
|---|---|---|---|
| Ayahuasca Shamanism in the Amazon and Beyond | 2014 | Theoretical or philosophical paper | |
| Shamanism as the Original Neurotheology | 2004 | Theoretical or philosophical paper | |
| Cognitive Neuroscience, Shamanism and the Rock Art of Native California | 1998 | Theoretical or philosophical paper | |
| From Culture to Experience: Shamanism in the Pages of the Soviet Anti-Religious Press | 2020 | Historical analysis | |
| Anthropology, Shamanism, and Alternate Ways of Knowing–Being in the World: One Anthropologist's Journey of Discovery and Transformation | 2010 | Reflective essay or personal narrative |