North America and New Zealand were colonized by England under an international legal principle that is known today as the Doctrine of Discovery. When Europeans set out to explore and exploit new lands in the fifteenth through the twentieth centuries, they justified their sovereign and property claims over these territories and the Indigenous people with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and (...) races of the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of Native people and gained political and commercial rights over the inhabitants. England was an avid supporter of the Doctrine and used it around the world. The English colonial governments and colonists in New Zealand and America, and later the American state and federal governments and New Zealand governments, all utilized Discovery and still use it today to exercise legal rights to Native lands and to control their Indigenous people. In this article, the authors, an American Indian and a New Zealand Maori, use a comparative law methodology to trace and compare the legal and historical application of Discovery in both countries. The evidence uncovered helps to explain the current state of United States Indian law and the New Zealand law relating to Maoris. While the countries did not apply the elements of Discovery in the exact same manner, and at the same time periods, the similarities of their use of Discovery are striking and not the least bit surprising since the Doctrine was English law. Viewing American and New Zealand history in light of the international law Doctrine of Discovery helps to expand one's knowledge of both countries and their Indigenous peoples. (shrink)

This article explores the recurrent global claim by indigenous peoples for their spiritual concerns to be taken seriously and given appropriate effect in public policy. The secular liberal state's commitment to ideals of religious neutrality and equal treatment of all faiths and none is clearly tested to the degree it privileges traditional indigenous religion in the name of fostering indigenous culture. This dilemma has been acutely raised in New Zealand where Maori metaphysical concerns—the appeasement of taniwha (spiritual monsters) and (...) the evils of mingling the mauri (life-force) of human and non-human species in genetic engineering—have been subjected to judicial scrutiny. Quite apart from issues of justiciability, the legal acknowledgment of indigenous spirituality raises questions about the continued secularity of the state. This essay traverses the varying responses to indigenous spirituality, especially criticisms that such recognition constitutes government countenancing of primitive superstition, a fostering of paganism or naked religious favouritism. (shrink)

Globalization is often described as the spread of western culture to other parts of the world. How accurate is the depiction of "cultural" flow? In Counterworks , ten anthropologists examine the ways in which global processes have affected particular localities where they have carried out research. They challenge the validity of anthropological concepts of culture in the light of the pervasive connections which exist between local and global factors everywhere. Rather than assuming that the world is culturally diverse, this book (...) proposes that culture is itself a representation of the similarities and differences recognized between forms of social life. The authors address issues of globalization in terms of diverse histories and traditions of knowledge, which may include the construction of difference as cultural. In its attention to specific local situations, such as Bali, Cuba, Bolivia, Greece, Kenya and the Maoris in New Zealand, Counterworks argues that the apparent opposition between strong westernizing, global forces and weak concept of culture, which supposes cultures to be integrated and possessed of essential properties, need rethinking in a contemporary world where a marked sense of culture has become a wide-spread property of people's social knowledge. This book will have wide appeal to anthropologists, to students of comparative studies in history, religion and language, and to anyone interested in the phenomenon of postmodernism. (shrink)