Episode 15: “STOLEN LAND”: THE DANGER AND LIMITATION OF PERFORMATIVE SPEECH

On 19 February 2026 • Duration 49:24

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Peter P. d'Errico and Steven Newcomb, explores the deep historical and legal structures of stolen land and the right of domination.

Introduction

Pop culture meets legal theory: The sound and fury provoked by Billie Eilish’s statement at the 2026 Grammy Award ceremony, “no one is illegal on stolen land” includes an Opinion Editorial in the Washington Post by Richard Epstein and Max Raskin, two law professors, “No, Billie Eilish, Americans are not thieves on stolen Land”.

We look at the dynamics of the furor, showing how what may seem to be a national discussion about American history and law is actually only performative speech, words signaling claims of virtue and expertise. The apparent discussion obscures and cuts off the possibility of actually digging into American history and law.

Our conversation does this digging, examining how concepts like ‘property’ and ‘theft’ are emanations of frameworks claiming a right of domination.

Summary of Key Discussions

• Performative Speech: Peter identifies two types of performative speech. The first is speech that acts as a legal deed, such as claiming land for a monarch or a Supreme Court ruling. The second is "empty" speech used for social approval without accompanying action, such as modern political apologies or celebrity statements.

• The "Stolen Land" Controversy: The hosts discuss the backlash against singer Billie Eilish for her "stolen land" comments at the Grammys. They argue that while such statementstouch a "third rail" of American mythology, both the statement and the responses often fail to address the underlying legal framework of domination.

• Legal Precedents of Domination: A central focus is the 1823 Supreme Court case Johnson v. McIntosh. The hosts explain how this ruling established U.S. land title based on the "extravagant pretension" that discovery by "Christian nations" conferred a right of domination over indigenous lands.

• Etymology of Power: Steven traces the word "government" in historical Latin documents (specifically papal bulls) backto dominaciones (dominations). They argue that terms like "Lord" (dominus) and "civilization" are euphemisms that obscure a history of subjugation and physical force.

• Critique of Legal Figures: The hosts criticize law professors andlate Justice Ruth Bader Ginsburg for upholding the "right of domination". They suggest that Ginsburg's later "regret" over her opinion in Oneida v. Sherrill was a form of performative speech that failed to challenge the core legal claim that the U.S. holds the ultimate title to indigenous land.

Important Topics and Terms

• Claim of a Right of Domination: The foundational mental and legal construct used by colonizing powers to justify the seizure of landand the subjugation of Native peoples.

• Johnsonv. McIntosh (1823): The landmark Supreme Court case thatintegrated the "Doctrine of Discovery" into U.S. law,asserting that European discovery gave title to the land.

• PerformativeSpeech: Language that either effects a change in status(like a legal decree) or is used as a "hollow" gesture to improve one's social standing without enacting substantive change.

• Dominium/ Dominaciones: The Latin roots of terms like "dominion,""lord," and "government," which the hosts argue are fundamentally linked to the act of dominating or subduingothers.

• American Exceptionalism: The belief that the United States is auniquely righteous nation, which the hosts argue serves to mask thehistorical reality of colonization and genocide.

• Doctrineof Discovery: The historical principle, originating in Vatican papal bulls, used by Christian monarchs to claim their right to claim "discovered" lands for "non-Christian" lands.

Transcript

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Resources:

• “Billie Eilish, Finneas O’Connell Win Song of the Year, Slam ICE at Grammys: ‘No One Is Illegal On Stolen Land’” https://www.hollywoodreporter.com/music/music-news/billie-eilish- ice-no-one-illegal-song-of-year-grammys-2026-1236492156/

• “No, Billie Eilish, Americans are not thieves on stolen land” https://www.washingtonpost.com/opinions/2026/02/05/billie-eilish-grammys-stolen-land/

• “Inter Caetera”, Pope Alexander VI – 1493 -- https://www.papalencyclicals.net/alex06/alex06inter.htm

• William Blackstone, “Property” -- https://opencasebook.org/casebooks/510-open-source-property/resources/3.2.3-blackstone-commentaries-on-the-laws-of-england-vol-2-p-2/

• Property and law, Charles Monroe Haar and Lance Liebman (1985) https://archive.org/details/propertylaw00haar_lbl/mode/2up

• APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES https://www.congress.gov/bill/111th-congress/house-bill/3326/text

Citation

Steve Newcomb and Peter d’Errico, "Episode 15 : “STOLEN LAND”: THE DANGER AND LIMITATION OF PERFORMATIVE SPEECH," Domination Chronicles (Podcast), 2026-02-19, https://dominationchronicles.com/e015-domination-chronicles-stolen-land.

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