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Produced through a partnership between Canopy Forum, the Indigenous Values Initiative (IVI), and Syracuse University
Produced through a partnership between Canopy Forum, the Indigenous Values Initiative (IVI), and Syracuse University, this series of essays brings together religion scholars, legal scholars, and Indigenous activists to explore the problematic legacy of Johnson v. M’Intosh (1823) and the 15th century Doctrine of (Christian) Discovery – a legal and religious rationale by which European powers claimed the right to discover and claim lands inhabited by non-Christian peoples.
Published: 24 December 2024
INTRODUCTION
Produced through a partnership between Canopy Forum, the Indigenous Values Initiative (IVI), and Syracuse University, this series of essays brings together religion scholars, legal scholars, and Indigenous activists to explore the problematic legacy of Johnson v. M’Intosh (1823) and the 15th century Doctrine of (Christian) Discovery – a legal and religious rationale by which European powers claimed the right to discover and claim lands inhabited by non-Christian peoples. Focusing primarily on the 19th through the 21st centuries, these essays illustrate how Johnson and the Doctrine of Christian Discovery have global import to Turtle Island (especially the United States and Canada) and Aotearoa (New Zealand).
About
Grounding this conversation in the Two Row Wampum method, the editors of this series have worked to include both Indigenous and non-Indigenous voices so we can journey side by side without violating the waters down the river of life. We recognize the urgency and need for more inclusion of indigenous voices to reaffirm our proper relationship with the natural world in the staid disciplines of religion, law, history, anthropology, and cultural studies. We hope this series inspires generative conversations around Johnson and the Doctrine of Christian Discovery.
Articles
What is the Doctrine of Discovery?
Papal Bulls of the 15th century gave Christian explorers the right to claim lands they ‘discovered’ and lay claim to those lands for their Christian Monarchs. Any land that was not inhabited by Christians was available to be ‘discovered’, claimed, and exploited. If the ‘pagan’ inhabitants could be converted, they might be spared. If not, they could be enslaved or killed.
Philip P. Arnold
Sandra Bigtree
With issuance of 15th century Papal Bulls known as the Doctrine of Christian Discovery, religion has been used all over the world as a weapon against Indigenous Peoples and the land.With issuance of 15th century Papal Bulls known as the Doctrine of Christian Discovery, religion has been used all over the world as a weapon against Indigenous Peoples and the land.
Philip P. Arnold
Sandra Bigtree
City of Sherrill v. Oneida Indian Nation of New York
In March 2005, the U.S. Supreme Court handed down a decision in City of Sherrill, New York v. Oneida Indian Nation of New York. Sherrill is a case about land rights and sovereignty, and it raises the question what it means for an Indigenous nation to appeal to its colonizer to recognize its sovereignty over land that belonged to it before it was colonized.
Dana Lloyd
Every few years, when the Doctrine of Discovery gets traction, someone raises the old chestnut of Sublimis Deus as apparent proof that the Catholic church did already rescind the Doctrine and therefore it’s not necessary. I should probably do a blog post that I can just repost.
Tina Ngata
In our journey of dismantling the Doctrine of Discovery and its horrible legacy, there is a recurring argument from the Catholic church and its supporters, that there is no need for the church to formally rescind, for it has already done so through the papal bull Sublimis Deus. I have previously provided a brief overview as to why this argument does not hold true, and for those who wish to dive a little deeper into this history, now offer further discussion below.
Tina Ngata
The U.S. Government’s Claim of a Right of Domination
Joseph Story is regarded as a genius and a giant in the legal profession. His continuing influence on American law was demonstrated for me some years ago when I attended a talk that Justice Antonin Scalia (1936-2016) delivered at the University of San Diego (USD) School of Law.
Steven T. Newcomb
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