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Discovering Indigenous LandsThe Doctrine of Discovery in the English Colonies$
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Robert J. Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg

Print publication date: 2010

Print ISBN-13: 9780199579815

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199579815.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2021

Concluding Comparatively: Discovery in the English Colonies

Concluding Comparatively: Discovery in the English Colonies

(p.247) 10 Concluding Comparatively: Discovery in the English Colonies
Discovering Indigenous Lands

Robert J Miller

Jacinta Ruru

Larissa Behrendt

Tracey Lindberg

Oxford University Press

This chapter concludes the book by drawing upon comparative law to illustrate the combined pervasive power of the Doctrine of Discovery in the English colonies of Australia, Canada, Aotearoa/New Zealand, and the United States. The ten elements of Discovery provide the perfect structure to best understand that while differences in the application of Discovery in these four countries occurred, the overall sentiment and result is very similar. Discovery is a dangerous fiction that if not addressed and ameliorated in some fashion will continue to undermine attempts to create a better, reconciled Crown-Indigenous future.

Keywords:   comparative law, treaties, discovery elements, Australia, New Zealand, Canada, United States, indigenous peoples

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