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

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Robert J. Miller (Professor of Law, Lewis & Clark Law School, Portland, Oregon) Jacinta Ruru (Senior Lecturer, University of Otago)

Discovering Indigenous Lands

The Doctrine of Discovery in the English Colonies

Robert J. Miller (Professor of Law, Lewis & Clark Law School, Portland, Oregon), Jacinta Ruru (Senior Lecturer, University of Otago), Larissa Behrendt (Professor of Law and Director of Research, Jumbunna Indigenous House of Learning, University of Technology, Sydney) , Tracey Lindberg (Associate Professor of Law, University of Ottawa; Associate Professor of Indigenous Studies, Athabasca University)

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English

Oxford University Press
17 January 2012

Colonialism & imperialism; Indigenous peoples; Legal history; International law of territory & statehood; Constitutional & administrative law

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.

By: Robert J. Miller (Professor of Law Lewis & Clark Law School Portland Oregon), Jacinta Ruru (Senior Lecturer, University of Otago), Larissa Behrendt (Professor of Law and Director of Research, Jumbunna Indigenous House of Learning, University of Technology, Sydney), Tracey Lindberg (Associate Professor of Law, University of Ottawa; Associate Professor of Indigenous Studies, Athabasca University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 19mm
Weight: 500g
ISBN: 9780199651856
ISBN 10: 019965185X
Pages: 320
Publication Date: 17 January 2012
Audience: College/higher education , A / AS level , Further / Higher Education
Format: Paperback
Publisher's Status: Active

1: Robert J Miller: The Doctrine of Discovery 2: Robert J Miller: The Legal Adoption of Discovery in the United States 3: Robert J Miller: The Doctrine of Discovery in United States History 4: Tracey Lindberg: The Doctrine of Discovery in Canada 5: Tracey Lindberg: Contemporary Canadian Resonance of an Imperial Doctrine 6: Larissa Behrendt: The Doctrine of Discovery in Australia 7: Larissa Behrendt: Asserting the Doctrine of Discovery in Australia 8: Jacinta Ruru: Asserting the Doctrine of Discovery in Aotearoa New Zealand: 1840-1960s 9: Jacinta Ruru: The Still Permeating Influence of the Doctrine of Discovery in Aotearoa/New Zealand: 1970s-2000s 10: Jacinta Ruru: Concluding Comparatively: Discovery in the English Colonies

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.