A Political Theory of Territory by Margaret Moore

By Margaret Moore

Our international is at present divided into territorial states that face up to all makes an attempt to alter their borders. yet what entitles a country, or the folks it represents, to imagine monopoly keep an eye on over a selected piece of the Earth's floor? Why are they allowed to avoid others from getting into? What if or extra states, or or extra teams of individuals, declare a similar piece of land?

Political philosophy, which has had very much to assert in regards to the courting among kingdom and citizen, has mostly neglected those questions about territory. This ebook offers solutions. It justifies the belief of territory itself by way of the ethical worth of political self-determination; it additionally justifies, inside of limits, these parts that we usually go along with territorial rights: rights of jurisdiction, rights over assets, correct to regulate borders and so forth. The ebook deals normative tips over a few vital concerns dealing with us this present day, all of which contain territory and territorial rights, yet that are at present handled via advert hoc reasoning: disputes over assets; disputes over obstacles, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in ancient injustices with reference to land; secessionist conflicts; and irredentist conflicts. In a global within which there's persisted strain on borders and regulate over assets, from potential migrants and from the determined negative, and no coherent conception of territory to imagine via those difficulties, this booklet deals an unique, systematic, and complicated concept of why territory issues, who has rights over territory, and the scope and boundaries of those rights.

"This is a well-written, well-argued publication on a very vital and till lately ignored subject. Moore is impressively a professional of the entire proper philosophical literature and does a superb task commonly of distinguishing her view from these of others resembling 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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Although this right of control is limited in important ways, it is necessary to justify territorial rights F o u n d a t i o n s o f a T h e o r y o f Te r r i t o r y 37 (of self-determination). I argue that that a group can be self-determining through political institutions only in the area in which the group enjoys occupancy rights. Thus, the moral right of occupancy is important to justify territorial rights over a particular place. Rights to collective self-determination do not build straightforwardly on individual residency rights, but the individual members of the group must be in the right relationship to the land (legitimately resident there) for the group to be said to occupy it, and this latter place-related right is necessary for a claim to territorial control over a particular geographical domain.

Natural rights to property can be seen as rooted in the fundamental importance of private holdings to the exercise of liberty, that is, to the ability of persons to 18 A Political Theory of Territory engage in individual or collective projects. 6 The right to private property is limited by the right to subsistence (to preservation and consequently the fruits of the earth). 7 A crucial point, for our purposes, is that this account rests on the acceptance of natural property rights. , families), many of whom have property in land, combining together to create a state.

2 0. Nine, ‘Lockean Theory’, 151. 21. Nine, ‘Lockean Theory’, 155, emphasis mine. 22. Nine, ‘Lockean Theory’, 155. 23. See especially Seth Lazar, ‘Endings and Aftermath in the Ethics of War’, CSSJ Working Papers Series, SJ016, November 2010. I owe to Seth Lazar’s paper an interest in Grotius’s ideas of territory and property and the transition from this to democratic or self-determination ideas. 2 4. Hugo Grotius, ‘On the Acquisition of Territory and Property by Rights of Conquest’, The Rights of War and Peace, Including the Law of Nature and of Nations (New York: Cosimo Classics, [1625] 2007), bk III, chap.

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