The Doctrine of Discovery: The International Law of Colonialism
UCLA Indigenous Peoples’ Journal of Law, Culture, and Resistance, 2018
7 Pages Posted: 2 Mar 2020
Date Written: June 19, 2017
This short article sets out the ten elements the author thinks comprise the Doctrine of Discovery as defined in Johnson v. McIntosh, 21 U.S. 543 (1823). This infamous Indian Law case has been cited and applied hundreds of times by the United States Supreme Court and the courts of Australia, Canada, England, and New Zealand. Fully understanding this case is important to understanding the legal aspects of the United States colonization of Indian nations.
Keywords: Manifest Destiny, Doctrine of Discovery, Colonization
Suggested Citation: Suggested Citation
Miller, Robert J., The Doctrine of Discovery: The International Law of Colonialism (June 19, 2017). UCLA Indigenous Peoples’ Journal of Law, Culture, and Resistance, 2018, Available at SSRN: https://ssrn.com/abstract=3541299 or http://dx.doi.org/10.2139/ssrn.3541299
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