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Author: Robert J. Miller Publisher: OUP Oxford ISBN: 0191627631 Category : Law Languages : en Pages : 1396
Book Description
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Author: Robert J. Miller Publisher: OUP Oxford ISBN: 0191627631 Category : Law Languages : en Pages : 1396
Book Description
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Author: Robert J. Miller Publisher: Bloomsbury Publishing USA ISBN: 0313071845 Category : Social Science Languages : en Pages : 241
Book Description
Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
Author: Lindsay G. Robertson Publisher: Oxford University Press ISBN: 0199881995 Category : History Languages : en Pages : 264
Book Description
In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Author: Felix Hoehn Publisher: Native Law Centre University of Saskatchewan ISBN: 9780888805775 Category : Indians of North America Languages : en Pages : 169
Book Description
"Reconciling pre-existing Aboriginal sovereignty with de facto Crown sovereignty will not threaten the territory of Canada, nor will it result in a legal vacuum. Rather, it will facilitate the self-determination of Aboriginal peoples within Canada and strengthen Canada's claim to territorial integrity in the eyes of international law.
Author: Jérémie Gilbert Publisher: BRILL ISBN: 9047431308 Category : Law Languages : en Pages : 352
Book Description
This book addresses the right of indigenous peoples to live, own and use their traditional territories. A profound relationship with land and territories characterizes indigenous groups, but indigenous peoples have been and are repeatedly deprived of their lands. This book analyzes whether the international legal regime provides indigenous peoples with the collective right to live on their traditional territories. Through its meticulous and wide-ranging examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, autonomy, property rights, and restitution of land. In assessing the human rights approach to land rights the book delves into the notion of past violations and the role of human rights law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States and indigenous peoples in the making of territorial agreements. Based on its analysis of indigenous peoples’ land rights under international law, this book proposes an original theory as regards the legal status of indigenous peoples. It explores how indigenous peoples have been the victims of the rules governing title to territory since the inception of international law, and how under the current human rights regime, indigenous peoples have now gained the status of actors of international law. Published under the Transnational Publishers imprint.
Author: Winona LaDuke Publisher: Haymarket Books ISBN: 1608466612 Category : History Languages : en Pages : 257
Book Description
How Native American history can guide us today: “Presents strong voices of old, old cultures bravely trying to make sense of an Earth in chaos.” —Whole Earth Written by a former Green Party vice-presidential candidate who was once listed among “America’s fifty most promising leaders under forty” by Time magazine, this thoughtful, in-depth account of Native struggles against environmental and cultural degradation features chapters on the Seminoles, the Anishinaabeg, the Innu, the Northern Cheyenne, and the Mohawks, among others. Filled with inspiring testimonies of struggles for survival, each page of this volume speaks forcefully for self-determination and community. “Moving and often beautiful prose.” —Ralph Nader “Thoroughly researched and convincingly written.” —Choice
Author: Sarah Augustine Publisher: Herald Press ISBN: 9781513808291 Category : Religion Languages : en Pages : 0
Book Description
White settlers saw land for the taking. They failed to consider the perspective of the people already here. In The Land Is Not Empty, author Sarah Augustine unpacks the harm of the Doctrine of Discovery—a set of laws rooted in the fifteenth century that gave Christian governments the moral and legal right to seize lands they “discovered” despite those lands already being populated by indigenous peoples. Legitimized by the church and justified by a misreading of Scripture, the Doctrine of Discovery says a land can be considered “empty” and therefore free for the taking if inhabited by “heathens, pagans, and infidels.” In this prophetic book, Augustine, a Pueblo woman, reframes the colonization of North America as she investigates ways that the Doctrine of Discovery continues to devastate indigenous cultures, and even the planet itself, as it justifies exploitation of both natural resources and people. This is a powerful call to reckon with the root causes of a legacy that continues to have devastating effects on indigenous peoples around the globe and a call to recognize how all of our lives and our choices are interwoven. What was done in the name of Christ must be undone in the name of Christ, the author claims. The good news of Jesus means there is still hope for the righting of wrongs. Right relationship with God, others, and the earth requires no less.
Author: Robert J. Miller Publisher: Bloomsbury Publishing USA ISBN: Category : Social Science Languages : en Pages : 400
Book Description
This unique book investigates the history and future of American Indian economic activities and explains why tribal governments and reservation communities must focus on creating sustainable privately and tribally owned businesses if reservation communities and tribal cultures are to continue to exist. Native American peoples suffer from health, educational, infrastructure, and social deficiencies that most Americans who live outside of tribal lands are wholly unaware of and would not tolerate. By creating sustainable economic development on reservations, however, gradual, long-term change can be effected, thereby improving the standard of living and sustaining tribal cultures. Reservation "Capitalism": Economic Development in Indian Country supplies the true history, present-day circumstances, and potential future of Indian communities and economics. It provides key background information on indigenous economic systems and property rights regimes in what is now the United States, and explains how the vast majority of native lands and natural resource assets were lost. The book focuses on strategies for establishing privately and publicly owned economic activities on reservations and creating economies where reservation inhabitants can be employed, live, and buy the necessities of life, thereby enabling complete tribal self-sufficiency and self-determination.
Author: Nathalie Kermoal Publisher: Athabasca University Press ISBN: 1771990414 Category : Social Science Languages : en Pages : 226
Book Description
From a variety of methodological perspectives, contributors to Living on the Land explore the nature and scope of Indigenous women’s knowledge, its rootedness in relationships, both human and spiritual, and its inseparability from land and landscape. The authors discuss the integral role of women as stewards of the land and governors of the community and points to a distinctive set of challenges and possibilities for Indigenous women and their communities.
Author: Robert J. Miller
Author: Robert J. Miller
Author: Robert J. Miller
Author: Lindsay G. Robertson
Author: Felix Hoehn
Author: Steven T. Newcomb
Author: Jérémie Gilbert
Author: Winona LaDuke
Author: Sarah Augustine
Author: Robert J. Miller
Author: Nathalie Kermoal