Political Science 3388E Lecture Notes - Legal Personality, Social Darwinism

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Occupied the land first o o dominant populations around the world o: original legal personality. Experience political, economic, social & cultural subordination to the o o. Who is given rights and responsibilities in society. Capacity to understand the consequences of your choices. Indigenous people: original international legal personality o considered as sovereign states. Adopted at the international level to determine which nations can be. Indigenous people did not qualify to have international legal personality: a brief history o. Meant to control the power of the state over the individual. State supposed to protect the rights of individuals. Great debate in 17th-18th century over whether or not indigenous peoples should be considered human beings. Recognizing indigenous people would have slowed the growth of the empire due to lack of available land for settlers. Therefore, did not recognize the legal personalities of indigenous peoples, and denied them state citizenship which would have given them a pathway to claiming rights.

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