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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 ...
The title of discovery, if it had not been already disposed of by the Treaties of Münster and Utrecht would, under the most favourable and most extensive interpretation, exist only as an inchoate title, as a claim to establish sovereignty by effective occupation. An inchoate title however cannot prevail over a definite title founded on ...
"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 ...
The Catholic Church during the Age of Discovery inaugurated a major effort to spread Christianity in the New World and to convert the indigenous peoples of the Americas and other indigenous peoples. The evangelical effort was a major part of, and a justification for, the military conquests of European powers such as Portugal , Spain , and France .
This page was last edited on 2 July 2014, at 07:11 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply ...
The right of conquest was historically a right of ownership to land after immediate possession via force of arms. It was recognized as a principle of international law that gradually deteriorated in significance until its proscription in the aftermath of World War II following the concept of crimes against peace introduced in the Nuremberg Principles.
The inevitable discovery doctrine was first adopted by the United States Supreme Court in Nix v. Williams in 1984. [2] [3] In that case, Williams, the defendant, challenged the admissibility of evidence about the location and condition of the victim's body, given that it had been obtained from him in violation of his Sixth Amendment right to counsel.