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In Marshall's formulation of the doctrine, discovery of territory previously unknown to Europeans gave the discovering nation title to that territory against all other European nations, and this title could be perfected by possession. A number of legal scholars have criticized Marshall's interpretation of the relevant international law.
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:
Bruce D. Marshall (born 1955) is a Catholic theologian and Lehman Professor of Christian Doctrine at Southern Methodist University. [1] His work focuses primarily on Trinitarian theology, Christology, the relation of philosophy and theology, and the links shared between Judaism and Christianity.
After the discovery of the Americas, many of the clergy sent to the New World began to criticize Spain and the Church's treatment of indigenous peoples. In December 1511, Antonio de Montesinos , a Dominican friar, openly rebuked the Spanish rulers of Hispaniola for their "cruelty and tyranny" in dealing with the natives. [ 18 ]
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.
Inter caetera states: . Among other works well pleasing to the Divine Majesty and cherished of our heart, this assuredly ranks highest, that in our times especially the Catholic faith and the Christian religion be exalted and be everywhere increased and spread, that the health of souls be cared for and that barbarous nations be overthrown and brought to the faith itself. ...
The doctrine of "double truth" was revived by the scholastics under the rubric "two truths". Thus, according to the scholastics, there was a lesser truth, that the Earth circled the Sun, as Copernicus said, and a greater truth, that when Joshua fought at Jericho it was the Sun, not the Earth, which stood still. The scholastics held that both ...