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The discovery doctrine, or doctrine of discovery, is a disputed interpretation of international law during the Age of Discovery, introduced into United States municipal law by the US Supreme Court Justice John Marshall in Johnson v. McIntosh (1823).
Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. However, the vast majority of the opinion is dicta ; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of McIntosh's title, much less the ...
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
"Under the “doctrine of discovery,” County of Oneida v. Oneida Indian Nation of N. Y., 470 U. S. 226, 234 (1985) (Oneida II), “fee title to the lands occupied by Indians when the colonists arrived became vested in the sovereign—first the discovering European nation and later the original States and the United States,” Oneida Indian ...
John Marshall (September 24, 1755 – July 6, 1835) was an American statesman, jurist, and Founding Father who served as the fourth chief justice of the United States from 1801 until his death in 1835.
Principles of Economics [1] is a leading political economy or economics textbook of Alfred Marshall (1842–1924), first published in 1890. [2] [3] It was the standard text for generations of economics students.
The Age of Discovery (c. 1418 – c. 1620), [1] also known as the Age of Exploration, was part of the early modern period and largely overlapped with the Age of Sail. It was a period from approximately the late 15th century to the 17th century, during which seafarers from a number of European countries explored, colonized, and conquered regions ...
McIntosh Chief Justice John Marshall found in favor of a "universal recognition" of a so-called discovery doctrine that held that discovery gave title to the government by whose subjects, or by whose authority, it was made, against all other European governments, which title might be consummated by possession. [20]