The Doctrine of Discovery: The International Law of Colonialism

  title={The Doctrine of Discovery: The International Law of Colonialism},
  author={Robert J. Miller},
  journal={The Indigenous Peoples’ Journal of Law, Culture \& Resistance},
  • Robert J. Miller
  • Published 2019
  • Law, History
  • The Indigenous Peoples’ Journal of Law, Culture & Resistance
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. 

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Miller & Jacinta Ruru , An Indigenous Lens into Comparative Law : The Doctrine of Discovery in the United States and New Zealand

  • 2010

at 595-97 (discussing the Crown's ownership of, and right to grant titles to

  • America

572 (1846) ("the whole continent was divided and [parceled out], and granted by the governments of Europe as

    At least forty-four Canadian cases have cited

    • 1990

    Attorney's Process v. Sac & Fox Tribe, 609 F.3d 927 (8th Cir. 2010). See also City of Sherrill v

    • Johnson has been cited hundreds of times by federal and state courts in the United States. See
    • 2005

    409 (1842) ("[T]he territory [] occupied was disposed of by the governments of Europe at their pleasure, as if it had been found without inhabitants

      Southern Nigeria, [1921] 2 A.C. 399 (Privy Council)

        Doctrine of Discovery', Used for Centuries to Justify Seizure of Indigenous Land, Subjugate Peoples, Must Be Repudiated by United Nations, Permanent Forum Told

        • The Doctrine of Discovery: The International Law of Colonialism, Conference Room Paper, U.N. Permanent Forum on Indigenous Issues, Eleventh Session

        Catherine's Milling and Lumber Co. v. The Queen, (1889) L.R