Discovering Indigenous Lands

Author : Robert J. Miller
Publisher : OUP Oxford
ISBN 13 : 0191627631
Total Pages : 1396 pages
Book Rating : 4.37/5 ( download)

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Download or read book Discovering Indigenous Lands written by Robert J. Miller and published by OUP Oxford. This book was released on 2012-01-05 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Robert J. Miller
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313071845
Total Pages : 241 pages
Book Rating : 4.43/5 ( download)

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Download or read book Native America, Discovered and Conquered written by Robert J. Miller and published by Bloomsbury Publishing USA. This book was released on 2006-09-30 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Lindsay G. Robertson
Publisher : Oxford University Press
ISBN 13 : 0199881995
Total Pages : 272 pages
Book Rating : 4.94/5 ( download)

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Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Steven T. Newcomb
Publisher : Fulcrum Publishing
ISBN 13 : 9781555916428
Total Pages : 220 pages
Book Rating : 4.22/5 ( download)

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Download or read book Pagans in the Promised Land written by Steven T. Newcomb and published by Fulcrum Publishing. This book was released on 2008 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An analysis of how religious bias shaped U.S. federal Indian law."--

Author : Jérémie Gilbert
Publisher : BRILL
ISBN 13 : 9004323252
Total Pages : 349 pages
Book Rating : 4.54/5 ( download)

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Download or read book Indigenous Peoples' Land Rights under International Law written by Jérémie Gilbert and published by BRILL. This book was released on 2016-07-08 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.81/5 ( download)

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Download or read book Reconciling Sovereignties : Aboriginal Nations and Canada written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Winona LaDuke
Publisher : Haymarket Books
ISBN 13 : 1608466612
Total Pages : 257 pages
Book Rating : 4.10/5 ( download)

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Download or read book All Our Relations written by Winona LaDuke and published by Haymarket Books. This book was released on 2017-01-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: How Native American history can guide us today: “Presents strong voices of old, old cultures bravely trying to make sense of an Earth in chaos.” —Whole Earth Written by a former Green Party vice-presidential candidate who was once listed among “America’s fifty most promising leaders under forty” by Time magazine, this thoughtful, in-depth account of Native struggles against environmental and cultural degradation features chapters on the Seminoles, the Anishinaabeg, the Innu, the Northern Cheyenne, and the Mohawks, among others. Filled with inspiring testimonies of struggles for survival, each page of this volume speaks forcefully for self-determination and community. “Moving and often beautiful prose.” —Ralph Nader “Thoroughly researched and convincingly written.” —Choice

Author : Sarah Augustine
Publisher : Herald Press (VA)
ISBN 13 : 9781513808291
Total Pages : 224 pages
Book Rating : 4.9X/5 ( download)

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Download or read book The Land Is Not Empty written by Sarah Augustine and published by Herald Press (VA). This book was released on 2021-06-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Joy Monice Malnar
Publisher :
ISBN 13 : 9780816677443
Total Pages : 0 pages
Book Rating : 4.41/5 ( download)

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Download or read book New Architecture on Indigenous Lands written by Joy Monice Malnar and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Architecture on Indigenous Lands takes readers on a virtual tour of recent Native building projects in Canada and the western and midwestern United States. With close attention to details of design, questions of tradition, and cultural issues, and through interviews with designers and their Native clients, it provides an in-depth introduction to the new Native architecture in its many guises.

Author : Michael John Witgen
Publisher : UNC Press Books
ISBN 13 : 1469664852
Total Pages : 385 pages
Book Rating : 4.59/5 ( download)

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Download or read book Seeing Red written by Michael John Witgen and published by UNC Press Books. This book was released on 2021-12-16 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against long odds, the Anishinaabeg resisted removal, retaining thousands of acres of their homeland in what is now Michigan, Wisconsin, and Minnesota. Their success rested partly on their roles as sellers of natural resources and buyers of trade goods, which made them key players in the political economy of plunder that drove white settlement and U.S. development in the Old Northwest. But, as Michael Witgen demonstrates, the credit for Native persistence rested with the Anishinaabeg themselves. Outnumbering white settlers well into the nineteenth century, they leveraged their political savvy to advance a dual citizenship that enabled mixed-race tribal members to lay claim to a place in U.S. civil society. Telling the stories of mixed-race traders and missionaries, tribal leaders and territorial governors, Witgen challenges our assumptions about the inevitability of U.S. expansion. Deeply researched and passionately written, Seeing Red will command attention from readers who are invested in the enduring issues of equality, equity, and national belonging at its core.