Discovering Indigenous Lands
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Discovering Indigenous Lands
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Author : Robert J. Miller
language : en
Publisher: OUP Oxford
Release Date : 2012-01-05
Discovering Indigenous Lands written by Robert J. Miller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-05 with Law categories.
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.
Conquest By Law
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Author : Lindsay G. Robertson
language : en
Publisher: Oxford University Press
Release Date : 2005-08-25
Conquest By Law written by Lindsay G. Robertson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-25 with History categories.
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.
Native America Discovered And Conquered
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Author : Robert J. Miller
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2006-09-30
Native America Discovered And Conquered written by Robert J. Miller and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-30 with Social Science categories.
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.
The Land Is Not Empty
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Author : Sarah Augustine
language : en
Publisher: MennoMedia, Inc.
Release Date : 2021-06-22
The Land Is Not Empty written by Sarah Augustine and has been published by MennoMedia, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Religion categories.
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.
Indigenous Peoples Land Rights Under International Law
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Author : Jérémie Gilbert
language : en
Publisher: BRILL
Release Date : 2016-07-08
Indigenous Peoples Land Rights Under International Law written by Jérémie Gilbert and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-08 with Law categories.
This book addresses the right of indigenous peoples to live, own and use their traditional territories, and analyses how international law addresses this. Through its meticulous examination of the interaction between international law and indigenous peoples’ land rights, the work explores several burning issues such as collective rights, self-determination, property rights, cultural rights and restitution of land. It delves into the notion of past violations and the role of international law in providing for remedies, reparation and restitution. It also argues that there is a new phase in the relationship between States, indigenous peoples and private actors, such as corporations, in the making of territorial agreements.
Conquest By Law
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Author : Lindsay G. Robertson
language : en
Publisher: Oxford University Press
Release Date : 2005-08-25
Conquest By Law written by Lindsay G. Robertson and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-08-25 with History categories.
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.
Pagans In The Promised Land
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Author : Steven T. Newcomb
language : en
Publisher: Fulcrum Publishing
Release Date : 2008
Pagans In The Promised Land written by Steven T. Newcomb and has been published by Fulcrum Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Indians of North America categories.
"An analysis of how religious bias shaped U.S. federal Indian law."--
Indigenous Communities And Settler Colonialism
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Author : Z. Laidlaw
language : en
Publisher: Springer
Release Date : 2015-03-30
Indigenous Communities And Settler Colonialism written by Z. Laidlaw and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-30 with History categories.
The new world created through Anglophone emigration in the 19th century has been much studied. But there have been few accounts of what this meant for the Indigenous populations. This book shows that Indigenous communities tenaciously held land in the midst of dispossession, whilst becoming interconnected through their struggles to do so.
Indigenous Peoples Governance Of Land And Protected Territories In The Arctic
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Author : Thora Martina Herrmann
language : en
Publisher: Springer
Release Date : 2015-12-22
Indigenous Peoples Governance Of Land And Protected Territories In The Arctic written by Thora Martina Herrmann and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-22 with Technology & Engineering categories.
This book addresses critical questions and analyses key issues regarding Indigenous/Aboriginal Peoples and governance of land and protected areas in the Arctic. It brings together contributions from scientists, indigenous and non-indigenous researchers, local leaders, and members of the policy community that: document Indigenous/Aboriginal approaches to governance of land and protected areas at the local, regional and international level; explore new territorial governance models that are emerging as part of the Indigenous/Aboriginal governance within Arctic States, provinces, territories and regions; analyse the recognition or lack thereof concerning indigenous rights to self-determination in the Arctic; and examine how traditional decision-making arrangements and practices can be linked with governments in the process of good governance. The book highlights essential lessons learned, success stories, and remaining issues, all of which are useful to address issues of Arctic governance of land and protected areas today, and which could also be relevant for future governance arrangements.
Living On The Land
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Author : Nathalie Kermoal
language : en
Publisher: Athabasca University Press
Release Date : 2016-07-04
Living On The Land written by Nathalie Kermoal and has been published by Athabasca University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-04 with Social Science categories.
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.