Conquest By Law

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Conquest by Law

Author : Lindsay G. Robertson
Publisher : Oxford University Press
ISBN 13 : 9780198033943
Total Pages : 272 pages
Book Rating : 4.0/5 (339 download)

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Book Synopsis Conquest by Law by : Lindsay G. Robertson

Download or read book Conquest by Law written by Lindsay G. Robertson and published by Oxford University Press. This book was released on 2005-08-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Conquest by Law

Author : Lindsay Gordon Robertson
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (489 download)

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Book Synopsis Conquest by Law by : Lindsay Gordon Robertson

Download or read book Conquest by Law written by Lindsay Gordon Robertson and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Printbegrænsninger: Der kan printes 1 kapitel eller op til 5% af teksten

The American Indian in Western Legal Thought

Author : Robert A. Williams Jr.
Publisher : Oxford University Press
ISBN 13 : 0198021739
Total Pages : 365 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The American Indian in Western Legal Thought by : Robert A. Williams Jr.

Download or read book The American Indian in Western Legal Thought written by Robert A. Williams Jr. and published by Oxford University Press. This book was released on 1992-11-26 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Lindsay Gordon Robertson
Publisher :
ISBN 13 : 9780199788941
Total Pages : 239 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Conquest by Law by : Lindsay Gordon Robertson

Download or read book Conquest by Law written by Lindsay Gordon Robertson and published by . This book was released on 2005 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: An investigation into the legal basis of land claims in the United States, this volume uses the archives of the Illinois and Wabash Land Companies to illustrate how a doctrine that discovery created a right of ownership became enshrined in U.S. law & turned indigenous peoples from owners into tenants.

The Right of Conquest

Author : Sharon Korman
Publisher : Clarendon Press
ISBN 13 : 0191583804
Total Pages : 358 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Right of Conquest by : Sharon Korman

Download or read book The Right of Conquest written by Sharon Korman and published by Clarendon Press. This book was released on 1996-10-31 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)

Author : Heikki Pihlajamäki
Publisher : BRILL
ISBN 13 : 9004331530
Total Pages : 307 pages
Book Rating : 4.0/5 (43 download)

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

Download or read book Conquest and the Law in Swedish Livonia (ca. 1630–1710) written by Heikki Pihlajamäki and published by BRILL. This book was released on 2017-01-05 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Business of Conquest

Author : Nicole D. Legnani
Publisher :
ISBN 13 : 9780268108960
Total Pages : 288 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis The Business of Conquest by : Nicole D. Legnani

Download or read book The Business of Conquest written by Nicole D. Legnani and published by . This book was released on 2020-12-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law and Legal Practice in Egypt from Alexander to the Arab Conquest

Author : James G. Keenan
Publisher : Cambridge University Press
ISBN 13 : 1139867245
Total Pages : 870 pages
Book Rating : 4.1/5 (398 download)

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Book Synopsis Law and Legal Practice in Egypt from Alexander to the Arab Conquest by : James G. Keenan

Download or read book Law and Legal Practice in Egypt from Alexander to the Arab Conquest written by James G. Keenan and published by Cambridge University Press. This book was released on 2014-04-24 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of ancient law has blossomed in recent years. In English alone there have been dozens of studies devoted to classical Greek and Roman law, to the Roman legal codes, and to the legal traditions of the ancient Near East among many other topics. Legal documents written on papyrus began to be published in some abundance by the end of the nineteenth century; but even after substantial publication history, legal papyri have not received due attention from legal historians. This book blends the two usually distinct juristic scholarly traditions, classical and Egyptological, into a coherent presentation of the legal documents from Egypt from the Ptolemaic to the late Byzantine periods, all translated and accompanied by expert commentary. The volume will serve as an introduction to the rich legal sources from Egypt in the later phases of its ancient history as well as a tool to compare legal documents from other cultures.

Unlearning the Language of Conquest

Author : Four Arrows (Don Trent Jacobs)
Publisher : University of Texas Press
ISBN 13 : 0292779674
Total Pages : 301 pages
Book Rating : 4.2/5 (927 download)

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Book Synopsis Unlearning the Language of Conquest by : Four Arrows (Don Trent Jacobs)

Download or read book Unlearning the Language of Conquest written by Four Arrows (Don Trent Jacobs) and published by University of Texas Press. This book was released on 2010-01-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Native America, Discovered and Conquered

Author : Robert J. Miller
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313071845
Total Pages : 241 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Native America, Discovered and Conquered by : Robert J. Miller

Download or read book Native America, Discovered and Conquered written by Robert J. Miller and published by Bloomsbury Publishing USA. This book was released on 2006-09-30 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

How the Indians Lost Their Land

Author : Stuart BANNER
Publisher : Harvard University Press
ISBN 13 : 0674020537
Total Pages : 353 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis How the Indians Lost Their Land by : Stuart BANNER

Download or read book How the Indians Lost Their Land written by Stuart BANNER and published by Harvard University Press. This book was released on 2009-06-30 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Discovering Indigenous Lands

Author : Robert J. Miller
Publisher : OUP Oxford
ISBN 13 : 0191627631
Total Pages : 1396 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Discovering Indigenous Lands by : Robert J. Miller

Download or read book Discovering Indigenous Lands written by Robert J. Miller and published by OUP Oxford. This book was released on 2012-01-05 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

From Coexistence to Conquest

Author : Victor Kattan
Publisher : Pluto Press (UK)
ISBN 13 :
Total Pages : 466 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis From Coexistence to Conquest by : Victor Kattan

Download or read book From Coexistence to Conquest written by Victor Kattan and published by Pluto Press (UK). This book was released on 2009-07-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Coexistence to Conquest seeks to explain how the Arab-Israeli conflict developed by looking beyond strict legalism to the men behind the policies adopted by the Great Powers at the dawn of the twentieth century. It controversially argues that Zionism was adopted by the British Government in its 1917 Balfour Declaration primarily as an immigration device and that it can be traced back to the 1903 Royal Commission on Alien Immigration and the Alien’s Act 1905. The book contains the most detailed legal analysis of the 1915-6 Hussein-McMahon correspondence, as well as the Balfour Declaration, and takes a closer look at the travaux préparatoires that formed the British Mandate of Palestine. It places the violent reaction of the Palestine Arabs to mass Jewish immigration in the context of Zionism, highlighting the findings of several British commissions of inquiry which recommended that Britain abandon its policy. The book also revisits the controversies over the question of self-determination, and the partition of Palestine. The Chapter on the 1948 conflict seeks to update international lawyers on the scholarship of Israel’s ‘new’ historians and reproduces some of the horrific accounts of the atrocities that took place from newspaper reports, UN documents, and personal accounts, which saw the expulsion and exodus of almost an entire people from their homeland. The penultimate chapter argues that Israel was created through an act of conquest or subjugation. The book concludes with a sobering analysis of the conflict arguing that neither Jews nor Arabs were to blame for starting it.

Conquest by Law

Author : Christie Jefferson
Publisher :
ISBN 13 : 9780662224518
Total Pages : 213 pages
Book Rating : 4.2/5 (245 download)

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Book Synopsis Conquest by Law by : Christie Jefferson

Download or read book Conquest by Law written by Christie Jefferson and published by . This book was released on 1994 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Lawful Conquest?

Author : Constanze Weiske
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110690225
Total Pages : 313 pages
Book Rating : 4.1/5 (16 download)

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Book Synopsis Lawful Conquest? by : Constanze Weiske

Download or read book Lawful Conquest? written by Constanze Weiske and published by Walter de Gruyter GmbH & Co KG. This book was released on 2021-10-04 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law of Private Property in War

Author : Norman Bentwich
Publisher :
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Law of Private Property in War by : Norman Bentwich

Download or read book The Law of Private Property in War written by Norman Bentwich and published by . This book was released on 1907 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

Author : Norman Bentwich
Publisher : Legare Street Press
ISBN 13 : 9781019846841
Total Pages : 0 pages
Book Rating : 4.8/5 (468 download)

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

Download or read book The Law of Private Property in War, With A Chapter on Conquest written by Norman Bentwich and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.