A Political Theory of Territory by Margaret Moore

By Margaret Moore

Our international 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 folks it represents, to imagine monopoly regulate 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 an identical piece of land?

Political philosophy, which has had very much to assert in regards to the courting among kingdom and citizen, has mostly missed those questions about territory. This booklet presents solutions. It justifies the belief of territory itself by way of the ethical price of political self-determination; it additionally justifies, inside of limits, these parts that we ordinarily go together with territorial rights: rights of jurisdiction, rights over assets, correct to manage borders etc. The booklet deals normative information over a few very important concerns dealing with us this present day, all of which contain territory and territorial rights, yet that are presently handled through 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 during which there's endured strain on borders and keep an eye on over assets, from potential migrants and from the determined negative, and no coherent conception of territory to imagine via those difficulties, this publication bargains an unique, systematic, and complex conception of why territory issues, who has rights over territory, and the scope and boundaries of those rights.

"This is a well-written, well-argued e-book on a very very important and till lately missed subject. Moore is impressively an expert of all of the proper philosophical literature and does a superb activity often of distinguishing her view from these of others similar 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 collage

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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. 8 Consent here is important to the creation of political authority. 10 In this way, territory is created as a result of the consent of individual property holders, and the natural right to property is conceptually prior to the state, and defines the domain of state jurisdiction.

Nevertheless, it did occur, most notably, when the United States bought Alaska from Russia in 1867. Even as late as 1916, the United States purchased territories in the 26 A Political Theory of Territory West Indies from Denmark. Territory is also viewed in property-like terms, as a possession of the state, but lacking tight normative connection to the people living on the land, in the principle of uti posseditis, which is typically applied to boundaries and boundary disputes. 28 Uti posseditis is the principle that at the end of a conflict the territory remains with the possessor; and is related to the idea of territory as a possession, and is often justified instrumentally, as a principle of peace and stability.

The idea of moral rights of residency has been put forward, with somewhat different emphasis and terminology, by a number of different political theorists. In Spheres of Justice Walzer argues that people have ‘a locational right’, which he describes as a right to a place, and argues that this place is typically where they and their families have lived and made a life. Walzer cites Hobbes’s argument on this, in Leviathan, that people entering the social contract give up their right to all things, to live under the rule of a sovereign, but they retain 38 A Political Theory of Territory some rights, and amongst the retained rights are the right of self-defence, as well as the basic necessities of life: ‘the use of fire, water, free air, and place to live in, and .

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