Discovery

Discovery

Discovery Explained

References

See Also

  • Civil Procedure (in international or comparative law)
  • Federal Courts (in international or comparative law)

Concept of Doctrine of Discovery

Doctrine of Discovery may be defined as: The majority of the non-European world was colonized under an international law that is known as the Doctrine of Discovery. Under this legal principle, European countries claimed superior rights over Indigenous nations. When European explorers planted flags and religious symbols in the lands of native peoples, they were making legal claims of ownership and domination over the lands, assets, and peoples they had “discovered.” These claims were justified by racial, ethnocentric, and religious ideas of the alleged superiority of European Christians.(1)

Discovery

Embracing mainstream international law, this section on discovery explores the context, history and effect of the area of the law covered here.See more related entries to Discovery in this legal encyclopedia.

Resources

See Also

  • Civil Procedure
  • Federal Courts

Resources

Further Reading

  • The entry “discovery” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

Notes

  1. From Robert Miller, “The International Law of Colonialism: A Comparative Analysis,” Lewis & Clark Law Review, Vol. 15:4 (2012), 847. .

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