Discovering Indigenous Lands

Author : Robert J. Miller,Jacinta Ruru,Larissa Behrendt,Tracey Lindberg
Publisher : OUP Oxford
Page : 1396 pages
File Size : 45,6 Mb
Release : 2012-01-05
Category : Law
ISBN : 9780191627637

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Discovering Indigenous Lands by Robert J. Miller,Jacinta Ruru,Larissa Behrendt,Tracey Lindberg Pdf

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 : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 43,6 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:1091204981

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Reconciling Sovereignties : Aboriginal Nations and Canada by Anonim Pdf

Author : Lindsay G. Robertson
Publisher : Oxford University Press
Page : 272 pages
File Size : 48,7 Mb
Release : 2005-08-25
Category : History
ISBN : 9780199881994

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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.

Author : Robert J. Miller
Publisher : Bloomsbury Publishing USA
Page : 241 pages
File Size : 46,5 Mb
Release : 2006-09-30
Category : Social Science
ISBN : 9780313071843

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Native America, Discovered and Conquered by Robert J. Miller Pdf

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 : Darryl Leroux
Publisher : Univ. of Manitoba Press
Page : 240 pages
File Size : 44,9 Mb
Release : 2019-09-20
Category : History
ISBN : 9780887555947

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Distorted Descent by Darryl Leroux Pdf

Distorted Descent examines a social phenomenon that has taken off in the twenty-first century: otherwise white, French descendant settlers in Canada shifting into a self-defined “Indigenous” identity. This study is not about individuals who have been dispossessed by colonial policies, or the multi-generational efforts to reconnect that occur in response. Rather, it is about white, French-descendant people discovering an Indigenous ancestor born 300 to 375 years ago through genealogy and using that ancestor as the sole basis for an eventual shift into an “Indigenous” identity today. After setting out the most common genealogical practices that facilitate race shifting, Leroux examines two of the most prominent self-identified “Indigenous” organizations currently operating in Quebec. Both organizations have their origins in committed opposition to Indigenous land and territorial negotiations, and both encourage the use of suspect genealogical practices. Distorted Descent brings to light to how these claims to an “Indigenous” identity are then used politically to oppose actual, living Indigenous peoples, exposing along the way the shifting politics of whiteness, white settler colonialism, and white supremacy.

Author : Elizabeth Carlson-Manathara
Publisher : Fernwood Publishing
Page : 322 pages
File Size : 48,6 Mb
Release : 2021-04-15T00:00:00Z
Category : Social Science
ISBN : 9781773632636

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Living in Indigenous Sovereignty by Elizabeth Carlson-Manathara Pdf

In the last decade, the relationship between settler Canadians and Indigenous Peoples has been highlighted by the Truth and Reconciliation Commission, the National Inquiry into Missing and Murdered Indigenous Women and Girls, the Idle No More movement, the Wet’suwet’en struggle against pipeline development and other Indigenous-led struggles for Indigenous sovereignty and decolonization. Increasing numbers of Canadians are beginning to recognize how settler colonialism continues to shape relationships on these lands. With this recognition comes the question many settler Canadians are now asking, what can I do? Living in Indigenous Sovereignty lifts up the wisdom of Indigenous scholars, activists and knowledge keepers who speak pointedly to what they are asking of non-Indigenous people. It also shares the experiences of thirteen white settler Canadians who are deeply engaged in solidarity work with Indigenous Peoples. Together, these stories offer inspiration and guidance for settler Canadians who wish to live honourably in relationship with Indigenous Peoples, laws and lands. If Canadians truly want to achieve this goal, Carlson and Rowe argue, they will pursue a reorientation of their lives toward “living in Indigenous sovereignty” — living in an awareness that these are Indigenous lands, containing relationships, laws, protocols, stories, obligations and opportunities that have been understood and practised by Indigenous peoples since time immemorial. Collectively, these stories will help settler Canadians understand what transformations we must undertake if we are to fundamentally shift our current relations and find a new way forward, together. Visit for more details: https://www.storiesofdecolonization.org Watch the book launch video here:

Author : Sarah Augustine
Publisher : Herald Press (VA)
Page : 224 pages
File Size : 41,7 Mb
Release : 2021-06-22
Category : Religion
ISBN : 151380829X

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The Land Is Not Empty by Sarah Augustine Pdf

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 : Thora Martina Herrmann,Thibault Martin
Publisher : Springer
Page : 256 pages
File Size : 41,9 Mb
Release : 2015-12-22
Category : Technology & Engineering
ISBN : 9783319250359

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Indigenous Peoples’ Governance of Land and Protected Territories in the Arctic by Thora Martina Herrmann,Thibault Martin Pdf

This book addresses critical questions and analyses key issues regarding Indigenous/Aboriginal Peoples and governance of land and protected areas in the Arctic. It brings together contributions from scientists, indigenous and non-indigenous researchers, local leaders, and members of the policy community that: document Indigenous/Aboriginal approaches to governance of land and protected areas at the local, regional and international level; explore new territorial governance models that are emerging as part of the Indigenous/Aboriginal governance within Arctic States, provinces, territories and regions; analyse the recognition or lack thereof concerning indigenous rights to self-determination in the Arctic; and examine how traditional decision-making arrangements and practices can be linked with governments in the process of good governance. The book highlights essential lessons learned, success stories, and remaining issues, all of which are useful to address issues of Arctic governance of land and protected areas today, and which could also be relevant for future governance arrangements.

Author : Robert J. Miller
Publisher : U of Nebraska Press
Page : 220 pages
File Size : 50,5 Mb
Release : 2013-11-01
Category : Social Science
ISBN : 9780803246317

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Reservation "Capitalism" by Robert J. Miller Pdf

Native American peoples suffer from health, educational, infrastructure, and social deficiencies of the sort that most Americans who live outside tribal lands are wholly unaware of and would not tolerate. Indians are the poorest people in the United States, and their reservations are appallingly poverty-stricken; not surprisingly, they suffer from the numerous social pathologies that invariably accompany such economic conditions. Historically, most tribal communities were prosperous, composed of healthy, vibrant societies sustained over hundreds and in some instances perhaps even thousands of years. By creating sustainable economic development on reservations, however, gradual long-term change can be effected, thereby improving the standard of living and sustaining tribal cultures. Reservation “Capitalism” relates the true history, describes present-day circumstances, and sketches the potential future of Indian communities and economics. It provides key background information on indigenous economic systems and property-rights regimes in what is now the United States and explains how the vast majority of Native lands and natural resource assets were lost. Robert J. Miller focuses on strategies for establishing public and private economic activities on reservations and for creating economies in which reservation inhabitants can be employed, live, and have access to the necessities of life, circumstances ultimately promoting complete tribal self-sufficiency.

Author : Jérémie Gilbert
Publisher : BRILL
Page : 349 pages
File Size : 43,7 Mb
Release : 2016-07-08
Category : Law
ISBN : 9789004323254

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Indigenous Peoples' Land Rights under International Law by Jérémie Gilbert Pdf

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 : Jen Gobby
Publisher : Fernwood Publishing
Page : 249 pages
File Size : 51,8 Mb
Release : 2020-07-25T00:00:00Z
Category : Social Science
ISBN : 9781773632513

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More Powerful Together by Jen Gobby Pdf

How can social movements help bring about large-scale systems change? This is the question Jen Gobby sets out to answer in More Powerful Together. As an activist, Gobby has been actively involved with climate justice, anti-pipeline, and Indigenous land defense movements in Canada for many years. As a researcher, she has sat down with folks from these movements and asked them to reflect on their experiences with movement building. Bringing their incredibly poignant insights into dialogue with scholarly and activist literature on transformation, Gobby weaves together a powerful story about how change happens. In reflecting on what’s working and what’s not working in these movements, taking inventory of the obstacles hindering efforts, and imagining the strategies for building a powerful movement of movements, a common theme emerges: relationships are crucial to building movements strong enough to transform systems. Indigenous scholarship, ecological principles, and activist reflections all converge on the insight that the means and ends of radical transformation is in forging relationships of equality and reciprocity with each other and with the land. It is through this, Gobby argues, that we become more powerful together. 100% of the royalties made from the sales of this book are being donated to Indigenous Climate Action www.indigenousclimateaction.com

Author : Steven T. Newcomb
Publisher : Fulcrum Publishing
Page : 220 pages
File Size : 43,6 Mb
Release : 2008
Category : Law
ISBN : 1555916422

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Pagans in the Promised Land by Steven T. Newcomb Pdf

"An analysis of how religious bias shaped U.S. federal Indian law."--

Author : Andrew Crosby,Jeffrey Monaghan
Publisher : Fernwood Publishing
Page : 287 pages
File Size : 50,9 Mb
Release : 2018-06-29T00:00:00Z
Category : Social Science
ISBN : 9781773630458

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Policing Indigenous Movements by Andrew Crosby,Jeffrey Monaghan Pdf

In recent years, Indigenous peoples have lead a number of high profile movements fighting for social and environmental justice in Canada. From land struggles to struggles against resource extraction, pipeline development and fracking, land and water defenders have created a national discussion about these issues and successfully slowed the rate of resource extraction. But their success has also meant an increase in the surveillance and policing of Indigenous peoples and their movements. In Policing Indigenous Movements, Crosby and Monaghan use the Access to Information Act to interrogate how policing and other security agencies have been monitoring, cataloguing and working to silence Indigenous land defenders and other opponents of extractive capitalism. Through an examination of four prominent movements — the long-standing conflict involving the Algonquins of Barriere Lake, the struggle against the Northern Gateway Pipeline, the Idle No More movement and the anti-fracking protests surrounding the Elsipogtog First Nation — this important book raises critical questions regarding the expansion of the security apparatus, the normalization of police surveillance targeting social movements, the relationship between police and energy corporations, the criminalization of dissent and threats to civil liberties and collective action in an era of extractive capitalism and hyper surveillance. In one of the most comprehensive accounts of contemporary government surveillance, the authors vividly demonstrate that it is the norms of settler colonialism that allow these movements to be classified as national security threats and the growing network of policing, governmental, and private agencies that comprise what they call the security state.

Author : Elaine Coburn
Publisher : Fernwood Publishing
Page : 284 pages
File Size : 42,9 Mb
Release : 2015-12-01T00:00:00Z
Category : Social Science
ISBN : 9781552667811

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More Will Sing Their Way to Freedom by Elaine Coburn Pdf

More Will Sing Their Way to Freedom is about Indigenous resistance and resurgence across lands and waters claimed by Canada. Both Indigenous and non-Indigenous contributors describe and analyze struggles against contemporary colonialism by the Canadian state and, more broadly, against the global colonial-capitalist system. Resistance includes Indigenous survival against centuries of genocidal policies and the on-going dispossession and destruction of Indigenous lands and waters. Resurgence is the re-invention of diverse Indigenous ways of being, knowing and doing in politics, economics, the arts, research and all realms of life. The underlying argument of More Will Sing Their Way to Freedom is that colonial-capitalism is a historical fact but not an inevitability. By analyzing and detailing various forms of Indigenous resistance and resurgence, the authors here describe practices and visions that prefigure a possible world where there is justice for Indigenous peoples and renewed healthy relationships with “all our relations.”

Author : Daniel Patrick Marshall
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2018
Category : History
ISBN : 155380502X

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Claiming the Land by Daniel Patrick Marshall Pdf

Literary Nonfiction. California Interest. Native American Studies. This trailblazing history focuses on a single year, 1858, the year of the Fraser River gold rush--the third great mass migration of gold seekers after the Californian and Australian rushes in search of a new El Dorado. Marshall's history becomes an adventure, prospecting the rich pay streaks of British Columbia's "founding" event and the gold fever that gripped populations all along the Pacific Slope. Marshall unsettles many of our most taken-for-granted assumptions: he shows how foreign miner-militias crossed the 49th parallel, taking the law into their own hands, and conducting extermination campaigns against Indigenous peoples while forcibly claiming the land. Drawing on new evidence, Marshall explores the three principal cultures of the goldfields--those of the fur trade (both Native and the Hudson's Bay Company), Californian, and British world views. The year 1858 was a year of chaos unlike any other in British Columbia and American Pacific Northwest history. It produced not only violence but the formal inauguration of colonialism, Native reserves and, ultimately, the expansion of Canada to the Pacific Slope. Among the haunting legacies of this rush are the cryptic place names that remain--such as American Creek, Texas Bar, Boston Bar, and New York Bar--while the unresolved question of Indigenous sovereignty continues to claim the land.