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Vol 23 No 5 May/June 2018

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

ISBN13: 9780199651856
Published: January 2012
Publisher: Oxford University Press
Country of Publication: USA
Format: Paperback (Hardback in 2010)
Price: £25.49
Hardback edition , ISBN13 9780199579815

Despatched in 4 to 6 days.

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.

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.

Legal History
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