Refusing to recognize Indigenous domination-claims rendered their lands legally vacant

Evidence

By implicitly noting that the non-Christian (“heathen”) Native peoples were not claiming a right of domination in relation to their lands, the U.S. Supreme Court was able to claim that the immense “space” where those lands were existing was “vacant” of any previously existing claim of a right of domination (or “property” in the British or Christian European sense of that word). — Doctrine of Discovery Project, The Marshall Trilogy, 28

Categorization

  • XREF: Connects to the Milgrom law-merchant material on how institutions define whose claims register as enforceable.
  • SEED: Angle: the mechanism by which recognition (not might) does the dispossessing — a short essay on ‘you had no claim because we did not name you.’