Friday, November 20, 2015

Miller on the Doctrine of Discovery

Robert J. Miller, Arizona State University Sandra Day O'Connor College of Law, has posted The Doctrine of Discovery, Manifest Destiny, and American Indians, which appears in Why You Can't Teach United States History Without American Indians (University of North Carolina Press, 2015):
The Doctrine of Discovery is the modern name for the international law principle that European nations developed and then used to claim most of the non-European world. The Doctrine was applied in North America by England, France, Spain, Holland, and Russia. The United States adopted this legal principle and applied it to the Indian Nations. This book chapter explains the elements, or factors, that make up this international law and argues that the Doctrine of Discovery became American Manifest Destiny and was used, and is still being used today, to justify the removal of Indian Nations and peoples, and their subjugation by the United States.