Indigenous Peoples in International Law

How did European-Christians justify the colonization of the Americas? Did these justifications vary between different European empires, and between the Protestant and Catholic faiths, and if so, how? Do these justifications remain in effect in modern jurisprudence and ministries? This class explores these questions by introducing students to the Doctrine of Discovery. The Doctrine of Discovery is the defining legal rationale for European Colonization in the Western Hemisphere. The Doctrine has its origins in a body of ecclesiastic, legal, and philosophical texts dating to the late-fifteenth century, and was summarized by Chief Justice John Marshall of the United States Supreme Court, in the final, unanimous decision the judiciary issued on the 1823 case Johnson v. M’Intosh. Students will be introduced to the major, primary texts that make up the Doctrine, as well as contemporary critical studies of these texts and the Doctrine in general.