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Discovering Indigenous Lands

Author: Robert J. Miller
Publisher: OUP Oxford
ISBN: 0191627631
Size: 78.79 MB
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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 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.

Discovering Indigenous Lands

Author: Robert J. Miller
Publisher: Oxford University Press
ISBN: 0199579814
Size: 80.64 MB
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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.

Discovering Indigenous Lands

Author: Robert J. Miller
Publisher: OUP Oxford
ISBN: 9780199651856
Size: 22.55 MB
Format: PDF, Docs
View: 523
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North America, New Zealand, and Australia were colonized 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 Indigenous peoples, and how this control continues to this day.

Native America Discovered And Conquered

Author: Robert J. Miller
Publisher: Greenwood Publishing Group
ISBN: 9780275990114
Size: 48.44 MB
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This extraordinary work traces the role of the Discovery Doctrine in Lewis & Clark's expedition (authorized by Thomas Jefferson) to secure the Midwest and the Pacific Northwest for the United States of America, which was vying with European powers and Indian tribes for sovereignty.

Pagans In The Promised Land

Author: Steven T. Newcomb
Publisher: Fulcrum Publishing
ISBN: 9781555916428
Size: 21.63 MB
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An analysis of how religious bias shaped U.S. federal Indian law.

Buying America From The Indians

Author: Blake A. Watson
Publisher:
ISBN: 9780806142449
Size: 24.38 MB
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Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.

Conquest By Law

Author: Lindsay G. Robertson
Publisher: Oxford University Press
ISBN: 9780198033943
Size: 75.78 MB
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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.

Exiled In The Land Of The Free

Author: Oren Lyons
Publisher: Santa Fe, N.M. : Clear Light Publishers
ISBN: 9780940666504
Size: 42.97 MB
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It is little known that the Revolutionary War and the writing of the United States Constitution and Bill of Rights were strongly influenced by Native American traditions. European philosophers of the Enlightenment such as Jean Jacques Rousseau had begun pressing for democratic reforms in Europe on the basis of glowing reports by early settlers about the New World and its native inhabitants. The founding fathers of the United States, in turn, were inspired to fight for independence and to create the great American documents of freedom through contact with Native American statesmen and exposure to American Indian societies based on individual freedom, representative government and the democratic union of tribes. Yet American Indians have never been acknowledged for their many contributions to the founding of the United States of America, and they have never been permitted to fully share the benefits of the freedoms they helped establish. Exiled in the Land of the Free is a dramatic recounting of early American history and an eloquent call for reform that will not be ignored. Written by eight prominent Native American leaders and scholars, each a specialist in his area of expertise, Exiled in the Land of the Free: Democracy, Indian Nations and the U. S. Constitution is a landmark volume, sure to be read by generations to come. An aspect of American history that has been ignored and denied for centuries is the extent to which we are indebted to Native Americans for the principles and practices on which our democratic institutions are based. This is the first work to recognize that legacy and trace our model of participatory democracy to its Native American roots. This book, which was written into the Congressional Record, has major implications for future relations between Indian tribes and the governments of the United States and other nations. It presents the strongest case ever made for Native American sovereignty. American history has finally been written--not from the European point of view--but from an Indian perspective. Exiled in the Land of the Free has been adopted for courses in twelve universities, to date.

American Indians American Justice

Author: Vine Deloria, Jr.
Publisher: University of Texas Press
ISBN: 9780292738348
Size: 11.62 MB
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Looks at how American Indians are using the courts to settle matters relating to self-determination, cultural preservation, lost land, and basic human rights

Sovereignty Colonialism And The Indigenous Nations

Author:
Publisher:
ISBN:
Size: 64.41 MB
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"This book is an extensive compilation of readings focused on the meaning of sovereignty and self-determination in relation to Indigenous nations and peoples in the United States. The overall purpose of the book is to afford readers the opportunity to study and analyze the interplay of legal, political, economic, and cultural factors that contribute to the debate surrounding the status of Indigenous nations and peoples within American society."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved