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.
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North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. This book analyses how England applied this doctrine to gain control over the lands, property, government, and human rights of the indigenous peoples, and how this control continues to this day.
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1. The Doctrine of Discovery ; 2. The Legal Adoption of Discovery in the United States ; 3. The Doctrine of Discovery in United States History ; 4. The Doctrine of Discovery in Canada ; 5. Contemporary Canadian Resonance of an Imperial Doctrine ; 6. The Doctrine of Discovery in Australia ; 7. Asserting the Doctrine of Discovery in Australia ; 8. Asserting the Doctrine of Discovery in Aotearoa New Zealand: 1840-1960s ; 9. The Still Permeating Influence of the Doctrine of Discovery in Aotearoa/New Zealand: 1970s-2000s ; 10. Concluding Comparatively: Discovery in the English Colonies
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Provides a fresh and unique insight into the application and interpretation of the doctrine of discovery from an indigenous legal perspective
Comparative analysis enables a deeper and more contextual understanding of the use of the doctrine in Australia, Canada, New Zealand, and the United States
Co-authored by four leading indigenous legal academics
Written in accessible English, accessible to not only an international legal audience but also to indigenous peoples themselves
Les mer
Provides a fresh and unique insight into the application and interpretation of the doctrine of discovery from an indigenous legal perspective
Comparative analysis enables a deeper and more contextual understanding of the use of the doctrine in Australia, Canada, New Zealand, and the United States
Co-authored by four leading indigenous legal academics
Written in accessible English, accessible to not only an international legal audience but also to indigenous peoples themselves
Les mer
Produktdetaljer
ISBN
9780199579815
Publisert
2010
Utgiver
Vendor
Oxford University Press
Vekt
638 gr
Høyde
238 mm
Bredde
162 mm
Dybde
26 mm
Aldersnivå
UU, UP, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
320