Doctrine Of Discovery And Slavery

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Multi-State
Control #:
US-00855
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Word; 
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Description

This is a Motion for State to Produce Discovery Documents. This is filed by the Defendant's attorney after he/she has unsuccessfully tried to obtain copies of all discovery documents from the District Attorney's office. This may also be used if, although given copies of said documents, the copies are illegible. This form is applicable in all states.
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FAQ

The Doctrine of Discovery provided a framework for Christian explorers, in the name of their sovereign, to lay claim to territories uninhabited by Christians. If the lands were vacant, then they could be defined as ?discovered? and sovereignty claimed.

This principle disregards the fact that the land oftentimes is already inhabited by another nation. In fact, this doctrine was used in order to legitimize the colonization of lands outside of Europe.

The Papal Bulls asserted that any land that was not inhabited by Christians was available to be ?discovered?, claimed, and exploited. If the ?pagan? or ?saracen? inhabitants could be converted, they might be spared. If not, they could be enslaved or killed.

Two papal bulls, in particular, stand out: (1) Pope Nicholas V issued "Romanus Pontifex" in 1455, granting the Portuguese a monopoly of trade with Africa and authorizing the enslavement of local people; (2) Pope Alexander VI issued the Papal Bull ?Inter Caetera? in 1493 to justify Christian European explorers' claims ...

More broadly, the doctrine of discovery can be described as an international law doctrine giving authorization to explorers to claim terra nullius ? i.e. said inhabited land ? in the name of their sovereign when the land was not populated by Christians.

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Doctrine Of Discovery And Slavery