Conquest By Law

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Conquest by Law

Lindsay G. Robertson
Conquest by Law Book PDF

Author : Lindsay G. Robertson
Publisher : Oxford University Press
Page : 272 pages
File Size : 44,5 Mb
Release : 2005-08-25
Category : History
ISBN : 019803394X

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Conquest by Law by Lindsay G. Robertson Pdf

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.

The American Indian in Western Legal Thought

Robert A. Williams Jr.
The American Indian in Western Legal Thought Book PDF

Author : Robert A. Williams Jr.
Publisher : Oxford University Press
Page : 365 pages
File Size : 50,8 Mb
Release : 1992-11-26
Category : Law
ISBN : 9780198021735

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The American Indian in Western Legal Thought by Robert A. Williams Jr. Pdf

Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.

Conquest by Law

Lindsay Gordon Robertson
Conquest by Law Book PDF

Author : Lindsay Gordon Robertson
Publisher : Unknown
Page : 128 pages
File Size : 54,5 Mb
Release : 2005
Category : America
ISBN : OCLC:489294112

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Conquest by Law by Lindsay Gordon Robertson Pdf

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The Right of Conquest

Sharon Korman
The Right of Conquest Book PDF

Author : Sharon Korman
Publisher : Clarendon Press
Page : 358 pages
File Size : 51,9 Mb
Release : 1996-10-31
Category : Political Science
ISBN : 9780191583803

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The Right of Conquest by Sharon Korman Pdf

This is an enquiry into the place of the right of conquest in international relations since the early sixteenth century, and the causes and consequences of its demise in the twentieth century. It was a recognized principle of international law until the early years of this century that a state that emerges victorious in a war is entitled to claim sovereignty over territory which it has taken possession. Sharon Korman shows how the First World War - which led to the rise of self-determination and to calls for the prohibition of way - prompted the reconstruction of international law and the consequent abolition of the title by conquest. Her conclusion, which highlights the merits and defects of the modern law as a vehicle for discouraging war by denying the title to the conqueror, challenges many of the assumptions that have come to constitute part of the conventional wisdom of our times. This is a study, not of international law narrowly conceived, but of the place of a changing legal principle in international history and the contemporary world.

Conquest and the Law in Swedish Livonia (ca. 1630–1710)

Heikki Pihlajamäki
Conquest and the Law in Swedish Livonia ca 1630 1710 Book PDF

Author : Heikki Pihlajamäki
Publisher : BRILL
Page : 307 pages
File Size : 49,7 Mb
Release : 2017-01-05
Category : History
ISBN : 9789004331532

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Conquest and the Law in Swedish Livonia (ca. 1630–1710) by Heikki Pihlajamäki Pdf

In Conquest and the Law in Swedish Livonia (ca. 1630-1710), Heikki Pihlajamäki offers an exciting account of the law in seventeenth-century Livonia, conquered by Sweden. The volume demonstrates how the differences in legal cultures affected the Livonian judiciary and legal procedure in the region.

Conquest by Law

Christie Jefferson,Canada. Solicitor General Canada,Canada. Aboriginal Corrections Policy Unit
Conquest by Law Book PDF

Author : Christie Jefferson,Canada. Solicitor General Canada,Canada. Aboriginal Corrections Policy Unit
Publisher : Unknown
Page : 213 pages
File Size : 51,5 Mb
Release : 1994
Category : Indians of North America
ISBN : 0662224515

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Conquest by Law by Christie Jefferson,Canada. Solicitor General Canada,Canada. Aboriginal Corrections Policy Unit Pdf

This document, originally written in 1978, is a comprehensive report on the traditional forms of justice among Aboriginal peoples across Canada and the impact that western settlement had on those systems. It begins with a chapter on traditional justice among the Micmac and Naskapi. Part 2 covers the struggle for power as Europeans invaded traditional Aboriginal lands, and includes descriptions of civilizations & traditional justice of the First Nations of the central regions (Ojibwe, Iroquois, Huron). Part 3 covers traditional & European justice in the British colonial period, 1763-1867. Part 4 reviews the effect of Canadian legislation on Native peoples after Confederation, especially in the western provinces, and the numerous rebellions & protest actions against injustice. The final part covers the period from the granting of the unconditional franchise to Aboriginal peoples and the various movements for Aboriginal rights and a reformed justice system.

The Laws and the Land

Daniel Rück
The Laws and the Land Book PDF

Author : Daniel Rück
Publisher : UBC Press
Page : 336 pages
File Size : 55,6 Mb
Release : 2021-09-15
Category : Law
ISBN : 9780774867467

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The Laws and the Land by Daniel Rück Pdf

As the settler state of Canada expanded into Indigenous lands, two traditions clashed in a bruising series of asymmetrical encounters over land use and ownership. One site of conflict was Kahnawà:ke. The Laws and the Land delineates the establishment of a settler colonial relationship from early contact ways of sharing land; land practices under Kahnawà:ke law; and ultimately the Canadian invasion in the guise of the Indian Act, private property, and coercive pressure to assimilate. This meticulously researched book is connected to larger issues of human relations with environments, communal and individual ways of relating to land, legal pluralism, historical racism and inequality, and Indigenous resurgence.

Unlearning the Language of Conquest

Four Arrows (Don Trent Jacobs)
Unlearning the Language of Conquest Book PDF

Author : Four Arrows (Don Trent Jacobs)
Publisher : University of Texas Press
Page : 301 pages
File Size : 54,5 Mb
Release : 2010-01-01
Category : Social Science
ISBN : 9780292779679

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Unlearning the Language of Conquest by Four Arrows (Don Trent Jacobs) Pdf

Responding to anti-Indianism in America, the wide-ranging perspectives culled in Unlearning the Language of Conquest present a provocative account of the contemporary hegemony still at work today, whether conscious or unconscious. Four Arrows has gathered a rich collection of voices and topics, including: Waziyatawin Angela Cavender Wilson's "Burning Down the House: Laura Ingalls Wilder and American Colonialism," which probes the mentality of hatred woven within the pages of this iconographic children's literature. Vine Deloria's "Conquest Masquerading as Law," examining the effect of anti-Indian prejudice on decisions in U.S. federal law. David N. Gibb's "The Question of Whitewashing in American History and Social Science," featuring a candid discussion of the spurious relationship between sources of academic funding and the types of research allowed or discouraged. Barbara Alice Mann's "Where Are Your Women? Missing in Action," displaying the exclusion of Native American women in curricula that purport to illuminate the history of Indigenous Peoples. Bringing to light crucial information and perspectives on an aspect of humanity that pervades not only U.S. history but also current sustainability, sociology, and the ability to craft accurate understandings of the population as a whole, Unlearning the Language of Conquest yields a liberating new lexis for realistic dialogues.

Lawful Conquest?

Constanze Weiske
Lawful Conquest Book PDF

Author : Constanze Weiske
Publisher : Walter de Gruyter GmbH & Co KG
Page : 313 pages
File Size : 48,6 Mb
Release : 2021-10-04
Category : History
ISBN : 9783110690224

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Lawful Conquest? by Constanze Weiske Pdf

The global expansion of European colonization is commonly perceived as lawful according to the valid European colonial law of the time. This book is substantially challenging this belief by uncovering its legal justifications based on discovery and terra nullius as retrospectively created legal fictions and demonstrating it ́s untenability in practice. Focused on the critical reconstruction of Spanish and Dutch colonization practices in northeastern South America, Trinidad and Tobago between 1498 and 1817, the book offers an illuminating view on the European shadow of the colonial past in the Americas. Based on the application of an innovative comparative spatio-legal Global History approach to 1,770 excavated European colonial written sources from archives of both sides of the Atlantic in comparison to the colonial legal provisions of Europe ́s most influential legal writers, the book, moreover, provides a substantial argument to the contemporary Caribbean-European reparation debate in favor of the return of Indigenous Peoples ́ historical territories. Therefore, the book calls for the extension of the traditional territory approach to reparations of the United Nations Declaration of the Rights of Indigenous Peoples (UNDRIPs) and the Inter-American Court of Human Rights (IACHR).

The Business of Conquest

Nicole D. Legnani
The Business of Conquest Book PDF

Author : Nicole D. Legnani
Publisher : Unknown
Page : 288 pages
File Size : 53,8 Mb
Release : 2020-12-15
Category : Electronic
ISBN : 026810896X

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The Business of Conquest by Nicole D. Legnani Pdf

The Spanish conquest has long been a source of polemic, ever since the early sixteenth century when Spanish jurists began theorizing the legal merits behind native dispossession in the Americas. But in The Business of Conquest: Empire, Love, and Law in the Atlantic World, Nicole D. Legnani demonstrates how the financing and partnerships behind early expeditions betray their own praxis of imperial power as a business, even as the laws of the Indies were being written. She interrogates how and why apologists of Spanish Christian empire, such as José de Acosta, found themselves justifying the Spanish conquest as little more than a joint venture between crown and church that relied on violent actors in pursuit of material profits but that nonetheless served to propagate Christianity in overseas territories. Focusing on cultural and economic factors at play, and examining not only the chroniclers of the era but also laws, contracts, theological treatises, histories, and chivalric fiction, Legnani traces the relationship between capital investment, monarchical power, and imperial scalability in the Conquest. In particular, she shows how the Christian virtue of caritas (love and charity of neighbor, and thus God) became confused with cupiditas (greed and lust), because love came to be understood as a form of wealth in the partnership between the crown and the church. In this partnership, the work of the conquistador became, ultimately, that of a traveling business agent for the Spanish empire whose excess from one venture capitalized the next. This business was thus the business of conquest, and featured entrepreneurial violence as its norm--not exception. The Business of Conquest offers an original examination of this period, including the perspectives of both the creators of the colonial world (monarchs, venture capitalists, conquerors, and officials), of religious figures (such as Las Casas), and finally of indigenous points of view to show how a venture capital model can be used to analyze the partnership between crown and church. It will appeal to students and scholars of the early modern period, Latin American colonial studies, capitalism, history, and indigenous studies.

A History of Law in Canada, Vol. 1

Philip Girard,Jim Phillips,R. Blake Brown
A History of Law in Canada Vol 1 Book PDF

Author : Philip Girard,Jim Phillips,R. Blake Brown
Publisher : University of Toronto Press
Page : 928 pages
File Size : 51,9 Mb
Release : 2018-01-01
Category : Law
ISBN : 9781487504632

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A History of Law in Canada, Vol. 1 by Philip Girard,Jim Phillips,R. Blake Brown Pdf

A History of Law in Canada is the first of two volumes. Volume one begins at a time just prior to European contact and continues to the 1860s, while volume two will start with Confederation and end at approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada - the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.

How the Indians Lost Their Land

Stuart BANNER
How the Indians Lost Their Land Book PDF

Author : Stuart BANNER
Publisher : Harvard University Press
Page : 353 pages
File Size : 43,9 Mb
Release : 2009-06-30
Category : History
ISBN : 9780674020535

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How the Indians Lost Their Land by Stuart BANNER Pdf

Between the early 17th century and the early 20th, nearly all U.S. land was transferred from American Indians to whites. Banner argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers--time, place, and the balance of power between Indians and settlers decided the outcome of land struggles.

The Law of Private Property in War, With A Chapter on Conquest

Norman Bentwich
The Law of Private Property in War With A Chapter on Conquest Book PDF

Author : Norman Bentwich
Publisher : Legare Street Press
Page : 0 pages
File Size : 52,8 Mb
Release : 2023-07-18
Category : Electronic
ISBN : 1019846844

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The Law of Private Property in War, With A Chapter on Conquest by Norman Bentwich Pdf

This comprehensive study examines the laws governing private property in times of war and conquest, offering a detailed analysis of the legal principles and precedents that have shaped this area of law. The book also includes a chapter on the special rules governing the conquest of territory. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

European Conquest and the Rights of Indigenous Peoples

Paul Keal
European Conquest and the Rights of Indigenous Peoples Book PDF

Author : Paul Keal
Publisher : Cambridge University Press
Page : 284 pages
File Size : 45,7 Mb
Release : 2003-08-28
Category : History
ISBN : 0521531799

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European Conquest and the Rights of Indigenous Peoples by Paul Keal Pdf

Paul Keal examines the historical role of international law and political theory in justifying the dispossession of indigenous peoples as part of the expansion of international society. He argues that, paradoxically, law and political theory can now underpin the recovery of indigenous rights. At the heart of contemporary struggles is the core right of self-determination, and Keal argues for recognition of indigenous peoples as 'peoples' with the right of self-determination in constitutional and international law, and for adoption of the Draft Declaration on the Rights of Indigenous Peoples by the General Assembly. He asks whether the theory of international society can accommodate indigenous peoples and considers the political arrangements needed for states to satisfy indigenous claims. The book also questions the moral legitimacy of international society and examines notions of collective guilt and responsibility.

In the Courts of the Conquerer

Walter Echo-Hawk
In the Courts of the Conquerer Book PDF

Author : Walter Echo-Hawk
Publisher : Fulcrum Publishing
Page : 422 pages
File Size : 44,5 Mb
Release : 2018-03-26
Category : Law
ISBN : 9781555917883

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In the Courts of the Conquerer by Walter Echo-Hawk Pdf

Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.