Chapter

Concluding Comparatively: Discovery in the English Colonies

Robert J Miller, Jacinta Ruru, Larissa Behrendt and Tracey Lindberg

in Discovering Indigenous Lands

Published in print August 2010 | ISBN: 9780199579815
Published online September 2010 | e-ISBN: 9780191594465 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579815.003.0010
Concluding Comparatively: Discovery in the English Colonies

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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

Chapter.  9841 words. 

Subjects: Human Rights and Immigration

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