2.2 European Doctrines of Discovery and Conquest

European colonizers used legal doctrines to justify taking Indigenous lands. The Doctrine of Discovery and terra nullius claimed non-Christian territories were "empty" and up for grabs. Religious missions and ideas of "proper" land use further rationalized European expansion.

These justifications shaped landmark U.S. court cases and still influence federal Indian law today. Critics argue they're racist and violate human rights. Treaties acknowledged Indigenous sovereignty but were often ignored. Their legacy continues to impact Indigenous-state relations.

Legal justifications for colonialism

Doctrine of Discovery and terra nullius

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• Doctrine of Discovery developed in 15th century provided legal and moral justification for European colonization of non-Christian lands
• Terra nullius concept ("nobody's land") claimed Indigenous territories were legally vacant and available for European possession
• Papal Bulls like Inter Caetera (1493) granted Christian monarchs right to claim and exploit non-Christian lands and peoples
• Right of conquest principle asserted victorious European powers could legally acquire territory through military force against Indigenous peoples

Religious and civilizing mission justifications

• Christian mission and evangelization used as theological justifications for European expansion and control over Indigenous populations
• Civilizing mission concept portrayed European colonization as moral duty to bring Christianity and Western civilization to Indigenous peoples
• Social contract theory employed to argue Indigenous peoples did not have legitimate claims to their territories
• Proper land use idea suggested Indigenous peoples were not utilizing land effectively, justifying European appropriation

Critique of the Doctrine of Discovery

Ongoing legal influence

• Doctrine's influence evident in landmark U.S. Supreme Court cases like Johnson v. M'Intosh (1823) establishing foundation for federal Indian law
• Legacy continues to shape federal Indian law through concepts like plenary power and trust responsibility limiting tribal sovereignty
• Perpetuates systemic inequalities and hinders efforts for Indigenous self-determination and cultural preservation
• Recent international declarations challenge legitimacy (UN Declaration on the Rights of Indigenous Peoples, 2007)

Ethical and legal criticisms

• Criticized as racist and ethnocentric framework disregarding Indigenous sovereignty and land rights
• Argued to violate fundamental human rights principles
• Contradicts modern international law standards regarding Indigenous peoples' rights
• Contemporary legal scholars and Indigenous rights advocates call for repudiation in both domestic and international law
• Viewed as incompatible with principles of equality and self-determination

Treaties in Indigenous-European relations

Nature and purpose of treaties

• Formal agreements recognizing sovereign status of Indigenous peoples as distinct political entities
• Acknowledged Indigenous nations as capable of entering diplomatic relations and conducting foreign affairs
• Addressed land cessions, peace agreements, trade relations, and mutual obligations between parties
• Principle of pacta sunt servanda (agreements must be kept) in international law theoretically applied, though often violated in practice
• Played crucial role in defining tribal territories, reservations, and resource rights (many still subjects of legal disputes today)

Interpretation and legacy

• Treaty interpretation and enforcement became contentious issues
• European powers often disregarded or reinterpreted treaty terms to their advantage
• Concept of trust responsibility in U.S. federal Indian law emerged from treaty obligations
• Created fiduciary duty of federal government toward tribes
• Ongoing debates over honoring historical treaty rights and obligations
• Modern treaty negotiations (land claims settlements, resource agreements) continue to shape Indigenous-state relations