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The Doctrine of Discovery: How Five Papal Bulls Redrew the World, and Why the Map Still Holds

The Doctrine of Discovery: How Five Papal Bulls Redrew the World, and Why the Map Still Holds

Paperback

General ChristianityGeneral Political Science

Currently unavailable to order

ISBN13: 9798185812433
Publisher: Independently Published
Pages: 322
Weight: 0.95
Height: 0.72 Width: 6.00 Depth: 9.00
Language: English

In 2005, the Oneida Indian Nation bought back its own ancestral land, parcel by parcel, at full market price. The Supreme Court still said no.

To understand why, Justice Ginsburg had to reach back through two centuries of precedent to a 1823 case called Johnson v. M'Intosh - and from there, four centuries further, to five papal bulls issued by the bishops of Rome to the kings of Spain and Portugal in the fifteenth century. Those documents invented a legal fiction: that Christian nations acquired sovereignty over any land they discovered, regardless of who already lived there. It was never repealed. It became the load-bearing wall of property law on four continents.

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