Interimperial rivalry shaped discovery doctrine’s title rules

Evidence

That purpose produced a telling hiatus in the doctrine of discovery itself. This is intimated in a disparity barely hidden within Marshall’s statement of the “principle” of discovery in this setting of interimperial rivalry: … This principle was 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. — David Theo Goldberg, John Solomos, A Companion to Racial and Ethnic Studies, 233