Doctrine of discovery

Definition

The doctrine of discovery is a legal and philosophical concept that originated in the 15th century, asserting that European powers could claim sovereignty over lands inhabited by non-Christian peoples. This doctrine legitimized the colonization of Indigenous lands across the Americas and was used to justify the denial of land and water rights to Indigenous peoples, often leading to their displacement and marginalization.

5 Must Know Facts For Your Next Test

1. The doctrine of discovery was primarily shaped by papal bulls like Inter caetera issued by Pope Alexander VI in 1493, which granted Spain and Portugal rights to territories in the Americas.
2. This doctrine influenced various legal rulings in the U.S. Supreme Court, notably in cases such as Johnson v. M'Intosh, which upheld the idea that Indigenous peoples did not have legal title to their lands.
3. The application of this doctrine led to widespread land dispossession and violence against Indigenous communities as colonizers asserted ownership over 'discovered' territories.
4. Many contemporary legal frameworks still reference the doctrine of discovery, impacting current discussions around Indigenous land rights and sovereignty.
5. Activism surrounding the doctrine highlights its ongoing effects on land claims, environmental justice, and reparative justice for Indigenous peoples.

Review Questions

• How did the doctrine of discovery influence European colonization efforts in the Americas?
  • The doctrine of discovery provided a legal and moral framework for European nations to justify their colonization efforts in the Americas. By asserting that they had the right to claim lands occupied by non-Christian peoples, European powers rationalized their actions as both lawful and divinely sanctioned. This led to widespread displacement and violence against Indigenous populations, fundamentally altering their land rights and access to natural resources.
• Evaluate the impact of the doctrine of discovery on Indigenous land rights in modern legal systems.
  • The doctrine of discovery has had a lasting impact on modern legal systems, particularly in how land rights are viewed. In many cases, U.S. Supreme Court rulings have referenced this doctrine to uphold policies that undermine Indigenous sovereignty and deny rightful claims to ancestral lands. This reliance on historical precedents tied to the doctrine perpetuates injustices faced by Indigenous communities today, complicating efforts for land restitution and recognition.
• Assess how contemporary movements like the land back movement challenge the principles established by the doctrine of discovery.
  • Contemporary movements such as the land back movement directly challenge the principles established by the doctrine of discovery by advocating for the return of stolen lands to Indigenous peoples. These movements seek to rectify historical injustices by emphasizing Indigenous sovereignty, cultural restoration, and environmental stewardship. By demanding recognition of their rights and addressing past wrongs, activists aim to dismantle colonial frameworks rooted in the doctrine and create a more equitable relationship between Indigenous communities and settler societies.

Related terms

terra nullius: A Latin term meaning 'land belonging to no one,' used to describe lands that were deemed unoccupied or without recognized sovereignty, often justifying colonial claims.

manifest destiny: A 19th-century belief in the inevitable expansion of the United States across the North American continent, which was often framed as a divine right to conquer Indigenous lands.

land back movement: A movement advocating for the return of land to Indigenous peoples, seeking justice and recognition of their ancestral land rights that were violated under colonial doctrines.