A Political Theory of Territory by Margaret Moore

By Margaret Moore

Our international is presently divided into territorial states that face up to all makes an attempt to alter their borders. yet what entitles a kingdom, or the folk it represents, to imagine monopoly regulate 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 analogous piece of land?

Political philosophy, which has had very much to claim concerning the dating among country and citizen, has mostly neglected those questions about territory. This ebook presents solutions. It justifies the belief of territory itself when it comes to the ethical price of political self-determination; it additionally justifies, inside of limits, these parts that we usually go together with territorial rights: rights of jurisdiction, rights over assets, correct to regulate borders and so forth. The ebook deals normative advice over a few 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 ancient injustices with reference to land; secessionist conflicts; and irredentist conflicts. In a global during which there's persevered strain on borders and keep an eye on over assets, from potential migrants and from the determined bad, and no coherent conception of territory to imagine via those difficulties, this booklet deals an unique, systematic, and complex thought of why territory concerns, who has rights over territory, and the scope and bounds of those rights.

"This is a well-written, well-argued ebook on an awfully very important and until eventually lately overlooked subject. Moore is impressively an expert of all of the appropriate philosophical literature and does an outstanding activity normally of distinguishing her view from these of others reminiscent of 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 collage

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That comparative argument is pursued in ­chapters 4 and 5. 2. Place-Related Rights: Individual Rights of Residency and Group Rights of Occupancy The first step in solving the attachment problem (explaining how particular groups can have rights to particular pieces of land) is to consider people’s relations to land, and in this context I explore two kinds of place-related rights: an individual moral right of residency and a collective moral right of occupancy. I understand a moral right of residency as a right that belongs to individuals and has two components: a liberty right to settle in an unoccupied area, and a right of non-dispossession, a right to remain, at liberty, in one’s own home and community and not to be removed from the place of one’s projects, aims, and relationships.

The problem with this is that it tends to fail our ordinary-language use of the term ‘legitimacy’, which we tend to think of as either a threshold concept, which some states can meet and others can’t, or a scalar concept, where we can identify some states as more legitimate than others. The emphasis on free consent seems to be an all-ornothing matter and to be at odds with how the concept of state legitimacy functions. Simmons’s interpretation of Locke makes sense of the distinction between property and jurisdiction, but it also suggests that the important element is consent to the creation of a collective authority, empowered to secure property claims, legislate and enforce rules surrounding bequest, purchase, alienation, and so on, define their limits, and arbitrate amongst conflicting claims.

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.

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