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The Doctrine of Discovery

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

in Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199579815
eISBN:
9780191594465
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199579815.003.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book shines new light on the mostly ignored historical and legal evidence of the use of the Doctrine of Discovery in Australia, Canada, New Zealand, and the United States. In these countries, ... More


The End of Conquest: Consolidating Sovereign Equality

Brook Gotberg

in International Norms and Cycles of Change

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195380088
eISBN:
9780199855377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195380088.003.0003
Subject:
Law, Public International Law

This chapter presents a set of case studies to examine the cycle theory of international norm change with respect to rules on conquest. Each case represents a key cycle of norm change. The cases ... More


The Oxford History of the Laws of England: 871-1216

John Hudson

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198260301
eISBN:
9780191740640
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260301.001.0001
Subject:
Law, Legal History, Constitutional and Administrative Law

This volume, in the Oxford History of the Laws of England series, spans three centuries that encompassed the tumultuous years of the Norman conquest, and during which the common law as we know it ... More


The Colonization of Africa

Malcolm Shaw

in Title to Territory in Africa: International Legal Issues

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198253792
eISBN:
9780191681424
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253792.003.0002
Subject:
Law, Constitutional and Administrative Law

In pre-colonial Africa, the concept of fixed borders typical of European-style states was a foreign and unfamiliar concept. Although no fixed borders were imminent in pre-colonial Africa, ... More


From Imperial to Dissident: Approaches to Territory in Islamic International Law

Nahed Samour

in International Law and Religion: Historical and Contemporary Perspectives

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198805878
eISBN:
9780191843778
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805878.003.0012
Subject:
Law, Public International Law, Legal History

This chapter argues that contexts and interpretations of Islamic International Law have shifted from imperial to dissident, and that the imperial-dissident divide is a necessary frame for assessing ... More


The Law of the Nations as the Civil Law of the World: On Montesquieu’s Political Cosmopolitanism

Christian Volk

in System, Order, and International Law: The Early History of International Legal Thought from Machiavelli to Hegel

Published in print:
2017
Published Online:
June 2017
ISBN:
9780198768586
eISBN:
9780191821974
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198768586.003.0013
Subject:
Law, Public International Law

This chapter points out that Montesquieu argues in favour of a specific kind of political cosmopolitanism. For him, the law of nations appears as the civil law of the whole world. Essentially, it can ... More


Revolution, Empire, and Utopia: Tocqueville and the Intellectual Background of International Law

Julie Saada

in International Law and Empire: Historical Explorations

Published in print:
2017
Published Online:
February 2017
ISBN:
9780198795575
eISBN:
9780191836893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198795575.003.0009
Subject:
Law, Public International Law

This chapter shows how the ambivalent relationship between liberal arguments and the justifications of empire played out internationally by examining the work of Alexis de Tocqueville and Edgar ... More


Legislating for the ‘Whole World That Is, in a Sense, a Commonwealth’: Conquest, Occupation, and ‘the Defence of the Innocent’

Anthony Pagden

in Morality and Responsibility of Rulers: European and Chinese Origins of a Rule of Law as Justice for World Order

Published in print:
2018
Published Online:
April 2018
ISBN:
9780199670055
eISBN:
9780191749438
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199670055.003.0006
Subject:
Law, Public International Law

This chapter argues that, contrary to ‘postcolonial’ claims, the Spanish ‘School of Salamanca’ was not overwhelmingly concerned with the need to justify the Spanish occupation of the Americas, but ... More


Early Contact: From Colonial Encounters to the Articles of Confederation

Frank Pommersheim

in Broken Landscape: Indians, Indian Tribes, and the Constitution

Published in print:
2012
Published Online:
April 2015
ISBN:
9780199915736
eISBN:
9780190260262
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199915736.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of ... More


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