Download A Political Theory of Territory by Margaret Moore PDF


By Margaret Moore

ISBN-10: 0190222247

ISBN-13: 9780190222246

Our global 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 folk it represents, to imagine monopoly keep an eye on over a specific 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 claim concerning the courting among country and citizen, has mostly missed those questions on territory. This booklet presents solutions. It justifies the assumption of territory itself when it comes to the ethical worth of political self-determination; it additionally justifies, inside of limits, these parts that we in general go together with territorial rights: rights of jurisdiction, rights over assets, correct to manage borders etc. The booklet deals normative tips over a few vital matters dealing with us this day, all of which contain territory and territorial rights, yet that are at the moment handled by means of advert hoc reasoning: disputes over assets; disputes over limitations, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in historic injustices in regards to land; secessionist conflicts; and irredentist conflicts. In a global within which there's persisted strain on borders and keep an eye on over assets, from potential migrants and from the determined bad, and no coherent thought of territory to imagine via those difficulties, this ebook bargains an unique, systematic, and complicated 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 ebook on a very vital and until eventually lately overlooked subject. Moore is impressively an expert of the entire proper philosophical literature and does a superb activity usually 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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I rely on a modified interest-theory of rights, which combines the idea of wrong or disrespect to the equal moral status of the right-holder with the idea of damage or harm to important interests of the right-holder. It is a modified interest theory, because I am persuaded that that an account rooted only in welfare fails to account for the trumping character of rights. After all, if rights are merely designed to protect welfare, so that all the work is done by the idea that the interest is very, very important, and not likely to be outweighed by another interest, we don’t need the idea of rights to capture that balance of reasons.

2 (2010), 306–323. 29. See Arash Abizadeh, ‘Democratic Theory and Border Coercion: No Right to Unilaterally Control Your Own Border’, Political Theory, vol. 36, no. 1 (2008), 37–65; David Miller, ‘Democracy’s Domain’, Philosophy & Public Affairs, vol. 37, no. 3 (2009), 201–228. 30. Allen Buchanan provides a precise discussion of this. He argues that institutional moral reasoning justifies policies and practices as a set, in terms of: (1) its function in the system; (2) its content; and (3) criteria for determining what counts as morally progressive.

The crucial move then is consent to political authority. Simmons interprets W h a t I s Te r r i t o r y? 21 Locke’s theory as able to address two sources of non-contiguity (secession and sale or bequest to people outside the territory) because he argues that the authority can be created in such a way that it limits the ability of property owners to exit or sell their land to people who do not accept the sovereign’s jurisdictional authority. 17 However, this solution highlights the importance of consent in Locke’s argument, and thus is suggestive of an even more serious problem with the individualist Lockean account.

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