By Margaret Moore
Our global is at the moment divided into territorial states that withstand all makes an attempt to alter their borders. yet what entitles a nation, or the folk it represents, to imagine monopoly keep watch over over a selected piece of the Earth's floor? Why are they allowed to avoid others from coming into? What if or extra states, or or extra teams of individuals, declare an identical piece of land?
Political philosophy, which has had greatly to claim concerning the dating among kingdom and citizen, has mostly overlooked those questions on territory. This e-book offers solutions. It justifies the assumption of territory itself when it comes to the ethical price of political self-determination; it additionally justifies, inside of limits, these parts that we typically go along with territorial rights: rights of jurisdiction, rights over assets, correct to manage borders and so forth. The ebook bargains normative information over a couple of very important concerns dealing with us this day, all of which contain territory and territorial rights, yet that are presently handled via advert hoc reasoning: disputes over assets; disputes over limitations, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in old injustices in regards to land; secessionist conflicts; and irredentist conflicts. In a global within which there's persevered strain on borders and regulate over assets, from potential migrants and from the determined bad, and no coherent concept of territory to imagine via those difficulties, this booklet deals an unique, systematic, and complex idea of why territory concerns, who has rights over territory, and the scope and boundaries of those rights.
"This is a well-written, well-argued publication on an awfully very important and till lately overlooked subject. Moore is impressively a professional of all of the appropriate philosophical literature and does a very good task ordinarily of distinguishing her view from these of others comparable to Miller, Waldron, Kolers, Meisels, and 9. Moore succeeds in staking out a brand new, but very believable position-one that avoids the deficiencies of rival theories."-Allen Buchanan, James B. Duke Professor, Duke college
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Extra resources for A Political Theory of Territory
This theory is distinct from both statist and nationalist theories of territory and in the two chapters that follow, I contrast it with its main rivals: non-statist accounts of the right-holder, such as Koler’s ethnogeographic theory, and Meisels’s and Miller’s cultural nationalism; and statist accounts, identified with Hobbes and Kant, and, in the contemporary era, with contemporary Kantianinspired theories such as developed by Buchanan, Waldron, Stilz, and Ypi, as well as hybrid theories, such as Nine’s.
2 First, though, I defend the basic right of individuals to live in a place, free from the threat of expulsion. Some arguments for this basic right seem to justify only the right to reside somewhere, but I argue in this section for a stronger version of a moral residency right, that is the right to reside in the place you are currently in, assuming for the moment that you have not displaced another person who had moral residency rights. What do I mean by ‘legitimate residency’? I began this book with the case of Sir George Somers and his accompanying settlers, landing in Bermuda, where the land was unoccupied and settlement did not involve any coercion or unjust act.
Simmons, ‘On the Territorial Rights of States’, 313. 11. See here Christopher Bertram, ‘Property in the Moral Life of Human Beings’, Social Philosophy & Policy, vol. 30, nos. 1–2 (2013), 404–424. 12. This seems to underlie Burke Hendrix’s attempt to draw on Nozick’s Lockean property argument to justify indigenous claims to land. Hendrix offers a very good detailed argument that moral rights themselves are not implausible—and he includes prohibitions against killing, maiming, or otherwise damaging someone’s physical body as among the most obvious natural rights that people have—and then goes on to suggest that natural property rights can be similarly defended as a way of respecting persons fully and ensuring natural liberty.