Doctrine of Discovery: Questions and Answers
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Who Owns the Water in the West? an Overview of the Challenges Facing Private Prior Appropriation & Federal Reserved Water Ri
Lawrence Kogan, Esq. NY, NJ, DC Of Counsel: James Wagner, Esq. MA Fred B. Wilcon, Esq. MA Who Owns the Water in the West? An Overview of the Challenges Facing Private Prior Appropriation & Federal Reserved Water Rights © By Lawrence A. Kogan, Esq. Kentucky Journal of Equine, Agriculture, & Natural Resources Law 2nd Symposium Energy & the Environment: The Interplay of Regulations and Natural Resources Law & Policy Lexington, Kentucky March 2, 2016 I. Privately Owned Water Rights A. Water is a Property Right i. Water is a form of property b/c the holder of the water right has a thing of value that can be alienated - provide economic benefits to him. Palmer v. Railroad Comm'n, 167 Cal. 163, 138 P. 997 (1914). ii. But, the corpus of the water cannot be ‘owned’ if it remains in the stream, “‘because…so long as it continues to run there cannot be that possession of it which is essential to ownership.’” Instead, it is only a usufructuary right to the water. Maricopa County Mun. Water Conservation Dist. v. Southwest Cotton Co., 4 P.2d 369 (Ariz. 1931); Palmer v. Railroad Comm'n of Cal., 138 P. 997, 999 (Cal. 1914). B. Riparian Doctrine (Abundance of Water) – private landowners have property rights (consumptive and non-consumptive access & beneficial use rights) in the waters contiguous to their lands (lakes, streams). Lux v. Haggin, 69 Cal. 255, 10 P. 674 (1886). Private landowners also possess a right of access to adjacent navigable waters. Board of Trustees v. Maderia Beach Nominee, Inc., 272 So. 2d 209, 214 (Fla. -
The Arrival of European Christians in India During the 16Th Century
The arrival of European Christians in India during the 16th century Alan Guenther The arrival of European Christians in India in the 16th century was part of the Portuguese political and economic expansion. In competition with the Spanish kingdoms of Castile and Aragón and with the Italian city states such as Genoa and Venice, Portugal sought to establish itself as a maritime power in the latter half of the 15th century. The expansion of the Ottoman Empire into the Balkans and its capture of Constantinople in 1453 had resulted in the Ottoman dominance of trade routes east of the Mediterranean Sea. That expansion, coupled with the continuing monopoly of other trade in the Mediterranean region by the Genoese and the Venetians, prompted Portuguese searches for alternative routes from Europe to Asia. The successful navigation around the Cape of Good Hope and eventual arrival in India by the Portuguese explorer, Vasco da Gama, in 1498 was one such effort. The 16th century ended with a series of Jesuit missions to the court of the Mughal Emperor Jalal al-Din Muhammad Akbar in northern India. The Portuguese explorers who traversed the Indian Ocean in 1498, how- ever, encountered a milieu not yet controlled by the three major Muslim empires of the Mughals, Safavids and Ottomans that rose to dominance in the Muslim regions in south and western Asia. In 1498, Akbar’s grand- father, Zahir al-Din Muhammad Babur, had not yet begun his advance into the Indian subcontinent; his capture of Kabul, from where he launched his military campaigns into the Punjab, did not take place until 1504. -
The “Doctrine of Discovery” and Terra Nullius: a Catholic Response
1 The “Doctrine of Discovery” and Terra Nullius: A Catholic Response The following text considers and repudiates illegitimate concepts and principles used by Europeans to justify the seizure of land previously held by Indigenous Peoples and often identified by the terms Doctrine of Discovery and terra nullius. An appendix provides an historical overview of the development of these concepts vis-a-vis Catholic teaching and of their repudiation. The presuppositions behind these concepts also undergirded the deeply regrettable policy of the removal of Indigenous children from their families and cultures in order to place them in residential schools. The text includes commitments which are recommended as a better way of walking together with Indigenous Peoples. Preamble The Truth and Reconciliation process of recent years has helped us to recognize anew the historical abuses perpetrated against Indigenous peoples in our land. We have also listened to and been humbled by courageous testimonies detailing abuse, inhuman treatment, and cultural denigration committed through the residential school system. In this brief note, which is an expression of our determination to collaborate with First Nations, Inuit and Métis in moving forward, and also in part a response to the Calls to Action of the Truth and Reconciliation Commission, we would like to reflect in particular on how land was often seized from its Indigenous inhabitants without their consent or any legal justification. The Canadian Conference of Catholic Bishops (CCCB), the Canadian Catholic Aboriginal Council and other Catholic organizations have been reflecting on the concepts of the Doctrine of Discovery and terra nullius for some time (a more detailed historical analysis is included in the attached Appendix). -
From Papal Bull to Racial Rule: Indians of the Americas, Race, and the Foundations of International Law
Vera: From Papal Bull to Racial Rule: Indians of the Americas, Race, an FROM PAPAL BULL TO RACIAL RULE: INDIANS OF THE AMERICAS, RACE, AND THE FOUNDATIONS OF INTERNATIONAL LAW KIM BENITA VERA* The "discovery" and conquest of the "New World" marked the inauguration of international law,' and constituted a watershed moment in the emergence of race in European thought.2 What might the coterminous rise of formative. moments in race thinking and international law suggest? In my provisional reflections on this question that follow, I trace juridical and religio-racial conceptions of indigenous peoples of the Americas as a central thread in the evolution of international law. I will begin with a discussion of the fifteenth-century papal bulls issued in regard to the Portugal-Spain disputes over lands in Africa and the Americas. I will then proceed to follow some strands of racial and juridical thought in the accounts of Francisco de Vitoria and Hugo Grotius, two founding figures in international law. I suggest that Vitoria's treatise, On the Indians Lately Discovered,3 evinces the beginnings of the shift Carl Schmitt identifies from the papal authority of the respublica Christiana to modern international law.4 Vitoria's account, moreover, is both proto-secular and proto-racial. * Assistant Professor, Legal Studies Department, University of Illinois at Springfield, J.D./Ph.D., Arizona State University, 2006. 1. See, e.g., CARL ScHMrT, THE NOMOS OF THE EARTH IN THE INTERNATIONAL LAW OF THE Jus PUBLICUM EUROPAEUM 49 (G. L. Ulmen trans., 2003). 2. DAVID THEO GOLDBERG, RACIST CULTURE: PHILOSOPHY AND THE POLITICS OF MEANING 62 (1993). -
Renaissance Popes and What They Did Source: Mcbrien, Richard; Lives of the Popes, Harper Collins, San Francisco, 1997
Renaissance Popes and what they did Source: McBrien, Richard; Lives of the Popes, Harper Collins, San Francisco, 1997. Nicholas V (1447-1455) • The first Renaissance Pope. • His book collection formed the nucleus of the Vatican Library • Was Pope when Constantinople fell • Tried to organize a crusade to retake Constantinople; couldn’t raise the funds Calixtus III (Spanish, 1455-1458) • Tried to finance a fleet to retake Constantinople (Indulgences, taxes, selling Vatican artworks/books) • French and Germans objected to heavy-handed fundraising tactics. • Made two nephews into Cardinals, one of whom became Pope Alexander VI (nepotism) Pius II (1458-1464) • Encouraged arts and literature to thrive • Called for Crusade against the Turks o Met opposition from rulers because of funding concerns o Blamed church councils for his weakness and opposed conciliarism • Went on Crusade anyway and died in transit Paul II (1464-1471) • A true medieval Pope, the only one of this period who was not a humanist • Banned the study of pagan poetry, such as Virgil and Homer • Angered humanists and was one of the least popular Popes in history • Also tried to send a Crusade to Constantinople and also failed Sixtus IV (1471-1484) • Sistine Chapel begun and named after him • Authorized Spanish Inquisition • Made two nephews cardinals, one of whom became Pope Julius II • Wanted a Crusade against Turks but rulers still didn’t really care for it • Drained treasury and approved the sale of indulgences to replenish it • Paid little attention to qualifications when -
Ophir De España & Fernando De Montesinos's Divine
OPHIR DE ESPAÑA & FERNANDO DE MONTESINOS’S DIVINE DEFENSE OF THE SPANISH COLONIAL EMPIRE: A MYSTERIOUS ANCESTRAL MERGING OF PRE-INCA AND CHRISTIAN HISTORIES by NATHAN JAMES GORDON A.A., Mt. San Jacinto College, 2006 B.A., University of Colorado, 2010 M.A., University of Colorado, 2012 A thesis submitted to the Faculty of the Graduate School of the University of Colorado in partial fulfillment of the requirment for the degree of Doctor of Philosophy Department of Spanish and Portuguese 2017 This thesis entitled: Ophir de España & Fernando de Montesinos’s Divine Defense of the Spanish Colonial Empire: A Mysterious Ancestral Merging of pre-Inca and Christian Histories written by Nathan James Gordon has been approved for the Department of Spanish and Portuguese Andrés Prieto Leila Gómez Gerardo Gutiérrez Núria Silleras-Fernández Juan Dabove Date The final copy of this thesis has been examined by the signatories, and we find that both the content and the form meet acceptable presentation standards of scholarly work in the above mentioned discipline. ii ABSTRACT Gordon, Nathan James (Ph.D., Spanish Literature, Department of Spanish and Portuguese) Ophir de España & Fernando de Montesinos’s Divine Defense of the Spanish Colonial Empire: A Mysterious Ancestral Merging of pre-Inca and Christian Histories Thesis directed by Associate Professor Andrés Prieto Over the last two centuries, Books I and III of Ophir de España: Memorias historiales y políticas del Perú (1644) by Fernando de Montesinos have been generally overlooked. The cause of this inattention is associated with the mysterious and unique pre-Columbian historical account from Book II, which affords the most extensive version of Andean genealogy. -
The Discovery of the Sea
The Discovery of the Sea "This On© YSYY-60U-YR3N The Discovery ofthe Sea J. H. PARRY UNIVERSITY OF CALIFORNIA PRESS Berkeley • Los Angeles • London Copyrighted material University of California Press Berkeley and Los Angeles University of California Press, Ltd. London, England Copyright 1974, 1981 by J. H. Parry All rights reserved First California Edition 1981 Published by arrangement with The Dial Press ISBN 0-520-04236-0 cloth 0-520-04237-9 paper Library of Congress Catalog Card Number 81-51174 Printed in the United States of America 123456789 Copytightad material ^gSS3S38SSSSSSSSSS8SSgS8SSSSSS8SSSSSS©SSSSSSSSSSSSS8SSg CONTENTS PREFACE ix INTROn ilCTION : ONE S F A xi PART J: PRE PARATION I A RELIABLE SHIP 3 U FIND TNG THE WAY AT SEA 24 III THE OCEANS OF THE WORI.n TN ROOKS 42 ]Jl THE TIES OF TRADE 63 V THE STREET CORNER OF EUROPE 80 VI WEST AFRICA AND THE ISI ANDS 95 VII THE WAY TO INDIA 1 17 PART JJ: ACHJF.VKMKNT VIII TECHNICAL PROBL EMS AND SOMITTONS 1 39 IX THE INDIAN OCEAN C R O S S T N C. 164 X THE ATLANTIC C R O S S T N C 1 84 XJ A NEW WORT D? 20C) XII THE PACIFIC CROSSING AND THE WORI.n ENCOMPASSED 234 EPILOC.IJE 261 BIBLIOGRAPHIC AI. NOTE 26.^ INDEX 269 LIST OF ILLUSTRATIONS 1 An Arab bagMa from Oman, from a model in the Science Museum. 9 s World map, engraved, from Ptolemy, Geographic, Rome, 1478. 61 3 World map, woodcut, by Henricus Martellus, c. 1490, from Imularium^ in the British Museum. -
The Christian Doctrine of Discovery
The Christian Doctrine of Discovery By Dan Whittemore, Denver, Colorado, USA For centuries, indigenous peoples around the world have suffered the disastrous impact of European colonization. As a Christian, descended from Europeans, I am remorseful and repentant because I am complicit in this problem. Undoubtedly some of my ancestors helped create the situation that has resulted in discrimination and prejudicial and derogatory concepts of the original inhabitants. Broken contracts, ignorance of native culture and spirituality, and illegitimate appropriation of lands have contributed to poverty and psychological damage that persist. We are challenged to examine the root causes and make corrections. The centuries-old Christian Doctrine of Discovery, if repudiated, could initiate justice for all indigenous people. The Doctrine of Discovery is the premise that European Christian explorers who “discovered” other lands had the authority to claim those lands and subdue, even enslave, peoples simply because they were not Christian. This concept has become embedded in the legal policies of countries throughout the world. This is an issue of greed, oppression, colonialism, and racism. The doctrine’s origins can be traced to Pope Nicholas V, who issued the papal bull1 Romanus Pontifex in 1455 CE. The bull allowed Portugal to claim and conquer lands in West Africa. After Christopher Columbus began conquering newly “found” lands in the Americas, Pope Alexander VI granted to Spain the right to claim these lands with the papal bull, Inter caetera, issued in 1493. The Treaty of Tordesillas settled competition between Spain and Portugal. It established two principles: 1) that only non-Christian lands could be taken, and 2) that potential discoveries would be allocated between Portugal and Spain by drawing a line of demarcation. -
Christopher White Table of Contents
Christopher White Table of Contents Introduction .................................................................................................................................................. 4 Peter the “rock”? ...................................................................................................................................... 4 Churches change over time ...................................................................................................................... 6 The Church and her earthly pilgrimage .................................................................................................... 7 Chapter 1 The Apostle Peter (d. 64?) : First Bishop and Pope of Rome? .................................................. 11 Peter in Rome ......................................................................................................................................... 12 Yes and No .............................................................................................................................................. 13 The death of Peter .................................................................................................................................. 15 Chapter 2 Pope Sylvester (314-335): Constantine’s Pope ......................................................................... 16 Constantine and his imprint .................................................................................................................... 17 “Remembering” Sylvester ...................................................................................................................... -
Who Is the Daughter of Babylon?
WHO IS THE DAUGHTER OF BABYLON? ● Babylon was initially a minor city-state, and controlled little surrounding territory; its first four Amorite rulers did not assume the title of king. The older and more powerful states of Assyria, Elam, Isin, and Larsa overshadowed Babylon until it became the capital of Hammurabi's short-lived empire about a century later. Hammurabi (r. 1792–1750 BC) is famous for codifying the laws of Babylonia into the Code of Hammurabi. He conquered all of the cities and city states of southern Mesopotamia, including Isin, Larsa, Ur, Uruk, Nippur, Lagash, Eridu, Kish, Adab, Eshnunna, Akshak, Akkad, Shuruppak, Bad-tibira, Sippar, and Girsu, coalescing them into one kingdom, ruled from Babylon. Hammurabi also invaded and conquered Elam to the east, and the kingdoms of Mari and Ebla to the northwest. After a protracted struggle with the powerful Assyrian king Ishme-Dagan of the Old Assyrian Empire, he forced his successor to pay tribute late in his reign, spreading Babylonian power to Assyria's Hattian and Hurrian colonies in Asia Minor. After the reign of Hammurabi, the whole of southern Mesopotamia came to be known as Babylonia, whereas the north had already coalesced centuries before into Assyria. From this time, Babylon supplanted Nippur and Eridu as the major religious centers of southern Mesopotamia. Hammurabi's empire destabilized after his death. Assyrians defeated and drove out the Babylonians and Amorites. The far south of Mesopotamia broke away, forming the native Sealand Dynasty, and the Elamites appropriated territory in eastern Mesopotamia. The Amorite dynasty remained in power in Babylon, which again became a small city-state. -
The Law of Native American Hunting, Fishing and Gathering Outside of Reservation Boundaries in the United States and Canada
Canada-United States Law Journal Volume 39 Issue Article 5 January 2014 The Law of Native American Hunting, Fishing and Gathering Outside of Reservation Boundaries in the United States and Canada Guy Charlton Follow this and additional works at: https://scholarlycommons.law.case.edu/cuslj Part of the Transnational Law Commons Recommended Citation Guy Charlton, The Law of Native American Hunting, Fishing and Gathering Outside of Reservation Boundaries in the United States and Canada, 39 Can.-U.S. L.J. 69 (2015) Available at: https://scholarlycommons.law.case.edu/cuslj/vol39/iss/5 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Canada-United States Law Journal by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE LAW OF NATIVE AMERICAN HUNTING, FISHING AND GATHERING RIGHTS OUTSIDE OF RESERVATION BOUNDARIES IN THE UNITED STATES AND CANADA Guy Charlton* ABSTRACT: This article examines and compares the law of Native American/Aboriginal hunting, fishing and gathering rights in those areas which are located outside of reserved land area in Canada and the United States. The article argues that despite the differing statutory and constitutional traditions, both states’ law and policy towards the Native American continues to reflect the underlying premises of the colonial project. While indigenous peoples have significant use rights, national, state and provincial power remains the primary locus of regulatory authority. However, there may be opportunities to extend use and co-management rights to allow tribes to be involved in land use and environmental regulatory decisions. -
The Catholic Church Regarding African Slavery in Brazil During the Emancipation Period from 1850 to 1888
Bondage and Freedom The role of the Catholic Church regarding African slavery in Brazil during the emancipation period from 1850 to 1888 Matheus Elias da Silva Supervisor Associate Professor Roar G. Fotland This Master's Thesis is carried out as a part of the education at MF Norwegian School of Theology and is therefore approved as a part of this education. MF Norwegian School of Theology, [2014, Spring] AVH5010: Master's Thesis [60 ECTS] Master in Theology [34.658 words] 1 Table of Contents Chapter I – Introduction ..................................................................................................................5 1.1 - Personal Concern ....................................................................................................................5 1.2 - Background..............................................................................................................................5 1.3 - The Research........................................................................................................................... 5 1.4 - Methodology............................................................................................................................6 1.5 - Sources.................................................................................................................................... 9 1.6 - Research History .................................................................................................................... 9 1.7 - Terminology...........................................................................................................................10