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Discovery Doctrine
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. M'Intosh'' (1823)''.'' 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. In recent decades, advocates for Indigenous rights have campaigned against the doctrine. Discovery in international law The means by which a state can acquire territory in international law are conquest, cession by agreement, occupation of land which belongs to no state (''terra nullius''), and prescription through the continuous exercise of sovereignty. Discovery of a territory creates a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domingo De Soto
Domingo de Soto, O.P. (1494 – 15 November 1560) was a Spanish Dominican priest and Scholastic theologian born in Segovia (Spain), and died in Salamanca (Spain), at the age of 66. He is best known as one of the founders of international law and of the Spanish Thomistic philosophical and theological movement known as the School of Salamanca. He is also known for his contributions to Mechanical Physics. Biography De Soto was born in Segovia. Trained in Alcalá, Spain, and Paris, France, before being made professor of philosophy at Alcalá in 1520, he left academia in 1524 to join the Dominicans and returned to take the chair of theology at Salamanca University in 1532. He is best known in economic theory and theological circles for his writings defending the price differential in usury as compatible with "just price" from the perspective of the Thomists. He held powerful positions, including Confessor of Holy Roman Emperor Charles V and the emperor's representative at the Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Imperialism
American imperialism refers to the expansion of American political, economic, cultural, and media influence beyond the boundaries of the United States. Depending on the commentator, it may include imperialism through outright military conquest; gunboat diplomacy; unequal treaties; subsidization of preferred factions; regime change; or economic penetration through private companies, potentially followed by diplomatic or forceful intervention when those interests are threatened. The policies perpetuating American imperialism and expansionism are usually considered to have begun with "New Imperialism" in the late 19th century, though some consider American territorial expansion at the expense of Native Americans to be similar enough in nature to be identified with the same term. While the United States has never officially identified itself and its territorial possessions as an empire, some commentators have referred to the country as such, including Max Boot, Arthur M. Schlesi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Declaration Of Independence
The United States Declaration of Independence, formally The unanimous Declaration of the thirteen States of America, is the pronouncement and founding document adopted by the Second Continental Congress meeting at Pennsylvania State House (later renamed Independence Hall) in Philadelphia, Pennsylvania, on July 4, 1776. Enacted during the American Revolution, the Declaration explains why the Thirteen Colonies at war with the Kingdom of Great Britain regarded themselves as thirteen independent sovereign states, no longer subject to British colonial rule. With the Declaration, these new states took a collective first step in forming the United States of America and, de facto, formalized the American Revolutionary War, which had been ongoing since April 1775. The Declaration of Independence was signed by 56 of America's Founding Fathers, congressional representatives from New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
An Indigenous Peoples' History Of The United States
''An Indigenous Peoples' History of the United States'' is a non-fiction book written by the historian Roxanne Dunbar-Ortiz and published by Beacon Press. It is the third of a series of six ReVisioning books which reconstruct and reinterpret U.S. history from marginalized peoples' perspectives. On July 23, 2019, the same press published ''An Indigenous Peoples' History of the United States for Young People'', an adaptation by Jean Mendoza and Debbie Reese of Dunbar-Ortiz's original volume. Synopsis ''An Indigenous Peoples’ History of the United States'' describes and analyzes a four-hundred-year span of complex Indigenous struggles against the colonization of the Americas. The book highlights resultant conflicts, wars, and Indigenous strategies and sites of resistance. The book's contents across many chronological chapters challenge what Dunbar-Ortiz articulates as the founding mythology of the burgeoning country, bolstered in the 19th century by the concept of Manifest De ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Jefferson
Thomas Jefferson (April 13, 1743 – July 4, 1826) was an American statesman, diplomat, lawyer, architect, philosopher, and Founding Fathers of the United States, Founding Father who served as the third president of the United States from 1801 to 1809. He was previously the nation's second vice president of the United States, vice president under John Adams and the first United States Secretary of State, United States secretary of state under George Washington. The principal author of the United States Declaration of Independence, Declaration of Independence, Jefferson was a proponent of democracy, republicanism, and individual rights, motivating Thirteen Colonies, American colonists to break from the Kingdom of Great Britain and form a new nation. He produced formative documents and decisions at state, national, and international levels. During the American Revolution, Jefferson represented Virginia in the Continental Congress that adopted the Declaration of Independence. As ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice John Marshall
''Chief Justice John Marshall'' is a bronze sculpture of John Marshall, by American sculptor William Wetmore Story. It is located at the Supreme Court, 1 First Street, Northeast, Washington, D.C. It was dedicated on May 10, 1884, by Morrison Waite. It was relocated from the West Terrace, of the United States Capitol. There are two recasts: *at John Marshall Park, near Judiciary Square, C Street and 3rd Street, Northwest, Washington, D.C., *and at the Philadelphia Museum of Art, 26th Street and the Benjamin Franklin Parkway, Philadelphia. The inscription reads: W. W. STORY ROMA 1883 J. ARTHUR LIMERICK CO FOUNDERS-BALTO-MD (Base, east side:) PRESENTED TO THE CITY OF PHILADELPHIA BY JAMES M. BUCK 1931 (seal of the Fairmount Park Art Association) (Base, west side:) JOHN MARSHALL CHIEF JUSTICE OF THE UNITED STATES 1801–1835 AS SOLDIER HE FOUGHT THAT THE NATION MIGHT COME INTO BEING AS EXPOUNDER OF THE CONSTITUTION HE GAVE IT LENGTH OF DAYS See also *List of public art in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Emer De Vattel
Emer (Emmerich) de Vattel ( 25 April 171428 December 1767) was an international lawyer. He was born in Couvet in the Principality of Neuchâtel (now a canton part of Switzerland but part of Prussia at the time) in 1714 and died in 1767. He was largely influenced by Dutch jurist Hugo Grotius. Vattel's work profoundly influenced the development of international law. He is most famous for his 1758 work ''The Law of Nations''. This work was his claim to fame and won him enough prestige to be appointed as a councilor to the court of Frederick Augustus II of Saxony. Vattel combined Natural law, naturalist legal reasoning and Positive law, positivist legal reasoning. Early life and career The son of a Protestant minister, Vattel was born at Couvet, Neuchâtel, on the 25th of April 1714. He studied classics and philosophy at University of Basel, Basel and University of Geneva, Geneva. During his early years his favorite pursuit was philosophy and, having carefully studied the works of G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Blackstone
Sir William Blackstone (10 July 1723 – 14 February 1780) was an English jurist, judge and Tory politician of the eighteenth century. He is most noted for writing the ''Commentaries on the Laws of England''. Born into a middle-class family in London, Blackstone was educated at Charterhouse School before matriculating at Pembroke College, Oxford, in 1738. After switching to and completing a Bachelor of Civil Law degree, he was made a fellow of All Souls College, Oxford, on 2 November 1743, admitted to Middle Temple, and called to the Bar there in 1746. Following a slow start to his career as a barrister, Blackstone became heavily involved in university administration, becoming accountant, treasurer and bursar on 28 November 1746 and Senior Bursar in 1750. Blackstone is considered responsible for completing the Codrington Library and Warton Building, and simplifying the complex accounting system used by the college. On 3 July 1753 he formally gave up his practice as a barris ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright. A teenage intellectual prodigy, he was born in Delft and studied at Leiden University. He was imprisoned in Loevestein Castle for his involvement in the intra-Calvinist disputes of the Dutch Republic, but escaped hidden in a chest of books that was transported to Gorinchem. Grotius wrote most of his major works in exile in France. Hugo Grotius was a major figure in the fields of philosophy, political theory and law during the 16th and 17th centuries. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, he laid the foundations for international law, based on natural law in its Protestant side. Two of his books have had a lasting impact in the field of international law: ''De jure belli ac pacis'' 'On the Law of War and Peace''dedicated to Louis XIII of France and the '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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