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Discovering Indigenous Lands

Discovering Indigenous Lands

The Doctrine of Discovery in the English Colonies

by Jacinta RuruRobert J. Miller Tracey Lindberg and others
Paperback
Publication Date: 05/01/2012

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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.
ISBN:
9780199651856
9780199651856
Category:
Constitutional & administrative law
Format:
Paperback
Publication Date:
05-01-2012
Language:
English
Publisher:
Oxford University Press
Country of origin:
United Kingdom
Pages:
320
Dimensions (mm):
234x156x19mm
Weight:
0kg
Larissa Behrendt

Larissa Behrendt is Professor of Indigenous Research and Director of Research at the Jumbunna Indigenous House of Learning at the University of Technology, Sydney. She is a regular columnist for The Guardian and has published numerous textbooks on Indigenous legal issues.

She is also the author of two novels: Home, which won the 2002 David Unaipon Award and the 2005 Commonwealth Writers’ Prize for Best First Book (South-East Asia and South Pacific); and Legacy, which won the 2010 Victorian Premier’s Literary Award for Indigenous Writing. She is the Ambassador of the Gawura Aboriginal Campus at St Andrew’s Cathedral School in Sydney and a board member of the Sydney Story Factory, a literacy program in Redfern.

She was awarded the 2009 NAIDOC Person of the Year award and 2011 NSW Australian of the Year.

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