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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 this doctrine was used to gain control over the indigenous peoples, and how this control continues to this day.
This book investigates the historical and ongoing legal implications of the Doctrine of Discovery as the foundational mechanism for English colonial expansion in North America, New Zealand, and Australia. The authors, a collaborative group of legal scholars and experts in Indigenous law, utilize historical legal documents and contemporary case law to demonstrate how this international principle facilitated the dispossession of Indigenous lands. They argue that the doctrine is not merely a relic of the past but a persistent framework that continues to influence modern property rights and state sovereignty over Indigenous peoples.
What You Will Find
Scope Limits
Experts in the field of Indigenous law and colonial history recognize this text as a vital comparative study for understanding the legal architecture of dispossession. Readers frequently note the academic rigor of the analysis and its effectiveness in connecting historical legal precedents to current political realities.
Page Count:
0
Publication Date:
2010-01-01
Publisher:
Oxford University Press, Incorporated
ISBN-10:
0191627623
ISBN-13:
9780191627620
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