When the Northwest Territories (IN, MI, OH, IL, WI) were opened to settlement in 1785, they were supposed to be surveyed, then land parcels sold. Except settlers quickly went way past the surveys to establish their own land, farms, even towns. All other nations would have sent gubment troops to evict the squatters, but under common law, the people know what's best. So the Articles of Confederation Congress developed "preemption" better known as squatter's rights. You live there for seven years, develop the land, take a "deed" into a gubment office with your own drawing of your land lines, they certify it. It's legal. NO ONE else has done this. Under European civil law, Sharia law, or any far eastern law I know of, the gument tells the people what to do.
Now, in a book/film series called "The Commanding Heights" by Daniel Yergin, De Soto's idea is followed up in Africa, and things didn't work out as well because (not their words, but mine) absence of COMMON LAW. They couldn't sort out the original land holders (you never can!). So even though they knew his idea worked, they wouldn't cut the Gordian Knot and just say, "It starts now. YOU own this." It's very unjust to some of the original people, but it quickly sorts out.
Very interesting, Professor!That “you never can!” principle applies, then, to the indigenous, “native American” tribes. The European immigrants who colonized America and made the USA out of it imposed the principle of land ownership and titles - and, in the process, aced out the indigenous tribes who didn’t even have the concept. Who didn’t even have the concept, let alone any ownership records.People want to claim that the US took the Southwest from Mexico, but in reality Mexico’s title wasn’t one that the indigenous tribes recognized - and the Mexican government’s writ didn’t run in the lands that the US (ahem) "bought” from Mexico. The European “Americans” were just more effective and resourceful “squatters” from that perspective.
Do I pass?
:-)