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Simple English definitions for legal terms
doctrine of discovery
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A quick definition of doctrine of discovery:
The doctrine of discovery is a rule that says if a country finds new land, they automatically own it. This rule was made up when European countries found new lands that were already inhabited by other people. It was used to justify taking over those lands. The rule also said that if the land was not inhabited by Christians, it could be claimed by explorers in the name of their country. Today, this rule is not used anymore because all land is considered to belong to someone. However, some people still talk about it when they talk about how indigenous people were treated in the past.
A more thorough explanation:
The doctrine of discovery is a principle in international law that allows a nation to claim rights over land that it "discovers." This principle was used by European nations to justify their colonization of non-European lands. The doctrine disregards the fact that the land may already be inhabited by another nation.
For example, when Christopher Columbus arrived in the Americas, he claimed the land for Spain under the doctrine of discovery, even though there were already indigenous people living there.
The doctrine of discovery is no longer applicable today because all land is considered to be owned by someone. However, it is still mentioned in discussions about American imperialism and the treatment of indigenous people.