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

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

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... read full description below.

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ISBN 9780199651856
Barcode 9780199651856
Published 17 January 2012 by Oxford University Press (S2)
Format Paperback
Alternate Format(s) View All (1 other possible title(s) available)
Author(s) By Miller, Robert J.
By Ruru, Jacinta
By Behrendt, Larissa
By Lindberg, Tracey
Availability Indent title (internationally sourced), usually ships 4-6 weeks

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Full details for this title

ISBN-13 9780199651856
ISBN-10 019965185X
Stock Available
Status Indent title (internationally sourced), usually ships 4-6 weeks
Publisher Oxford University Press (S2)
Imprint Oxford University Press
Publication Date 17 January 2012
International Publication Date 2 March 2012
Publication Country United Kingdom United Kingdom
Format Paperback
Author(s) By Miller, Robert J.
By Ruru, Jacinta
By Behrendt, Larissa
By Lindberg, Tracey
Category Indigenous Peoples
Imperialism
Legal History
International Law Of Territories
Constitutional & Administrative Law
NZ, Maori & Pasifika
Maori
New Zealand & Related
Number of Pages 320
Dimensions Width: 156mm
Height: 234mm
Spine: 19mm
Weight 500g
Interest Age 14+ years
Reading Age 14+ years
Library of Congress Great Britain - Colonies - Discovery and exploration, Constitutional law - Great Britain - Colonies, Indigenous peoples - Civil rights - Great Britain - Colonies
NBS Text Law: General & Reference
ONIX Text College/higher education
Dewey Code 342.410413
Catalogue Code 238067

Description of this Book

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 Ngati Ranginui), an Aboriginal Australian (Eualayai/Gammilaroi), 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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Author's Bio

Robert Miller is Professor of Law at Lewis & 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 (Waikato), Ngati Rangi and Pakeha descent. Larissa Behrendt is Professor of Law and Director of Research at the Jumbunna Indigenous House of Learning of the University of Technology, Sydney. She is an Eualeyai/Gamillaroi woman. Tracey Lindberg is Associate Professor of Law at the University of Ottawa and Associate Professor of Indigenous Studies at Athabasca University. She is a member of the Saskatchewan bar. She is a Cree citizen (Neheyiwak) whose family is from the Kelley Lake Cree Nation.

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