Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies

Paperback | February 12, 2012

byRobert J. Miller, Jacinta Ruru, Larissa Behrendt

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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 andproperty 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 thatnewly-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 ittoday 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 Ngati Ranginui), an Aboriginal Australian (Eualayai/Gammilaroi), and a Cree (Neheyiwak) in the country now known as Canada - Discovering Indigenous Lands provides aunique insight into the insidious historical and contemporary application of the doctrine of discovery.

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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...

Robert Miller is Professor of Law at Lewis and Clark Law School in Portland, Oregon. He serves as the chief justice for the Court of Appeals for the Grand Rone Community of Orego. He is an enrolled citizen of the Eastern Shawnee Tribe of Oklahoma. Jacinta Ruru is Senior Lecturer at the University of Otago, and is of Ngati Raukawa (Wai...

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Format:PaperbackDimensions:320 pages, 9.21 × 6.14 × 0.68 inPublished:February 12, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019965185X

ISBN - 13:9780199651856

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Table of Contents

1. Robert J Miller: The Doctrine of Discovery2. Robert J Miller: The Legal Adoption of Discovery in the United States3. Robert J Miller: The Doctrine of Discovery in United States History4. Tracey Lindberg: The Doctrine of Discovery in Canada5. Tracey Lindberg: Contemporary Canadian Resonance of an Imperial Doctrine6. Larissa Behrendt: The Doctrine of Discovery in Australia7. Larissa Behrendt: Asserting the Doctrine of Discovery in Australia8. Jacinta Ruru: Asserting the Doctrine of Discovery in Aotearoa New Zealand: 1840-1960s9. Jacinta Ruru: The Still Permeating Influence of the Doctrine of Discovery in Aotearoa/New Zealand: 1970s-2000s10. Jacinta Ruru: Concluding Comparatively: Discovery in the English Colonies