Margaret Moore's A Political Theory of Territory PDF

By Margaret Moore

ISBN-10: 0190222247

ISBN-13: 9780190222246

Our global is presently 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 watch over 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 a similar piece of land?

Political philosophy, which has had greatly to assert in regards to the dating among country and citizen, has principally missed those questions on territory. This publication presents solutions. It justifies the belief of territory itself when it comes to the ethical worth of political self-determination; it additionally justifies, inside of limits, these components that we in general go together with territorial rights: rights of jurisdiction, rights over assets, correct to manage borders and so forth. The ebook bargains normative suggestions over a few very important concerns dealing with us this day, all of which contain territory and territorial rights, yet that are at the moment handled by way 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 persevered strain on borders and regulate over assets, from potential migrants and from the determined terrible, and no coherent concept of territory to imagine via those difficulties, this booklet bargains an unique, systematic, and complicated 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 ebook on an awfully very important and till lately ignored subject. Moore is impressively a professional of all of the proper philosophical literature and does a great task regularly of distinguishing her view from these of others equivalent 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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32. I treat rights as possessing moral stringency in the sense that they generally override competing moral (welfarist) considerations. , Theories of Rights, 153–167 (Oxford: Clarendon Press, 1984), 153. However, rights may conflict (or more precisely the duties generated by a right may conflict). This is hardly surprising: if the interest is sufficiently morally important to ground a right, it will give rise not to a single corresponding duty but to a number of duties. Consider as an example Jeremy Waldron’s analysis of the right not to be tortured and the successive waves of duties that it generates: a duty to refrain from torturing people, a duty to punish people who have tortured people, duties to create institutions that make torture less likely, duties to educate people about the wrong of torturing, and so on; Jeremy Waldron, ‘Rights in Conflict’, Ethics, vol.

It shares the same broad picture of the relationship between the people, who are the source of legitimacy, the state, and its territory, as is implied in the popular sovereignty ideal of democratic theory. However, the jurisdictional domain view is not a single view, but encompasses at least three distinct justificatory arguments for territory and relatedly, three distinct conceptions of the holder of territorial rights. There is a self-determination view, which I advance in ­chapter 3, which justifies rights over territory in terms of the exercise of collective self-determination of the people.

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. It is, I argue in this book, at odds with the central presuppositions of both justice theory, understood broadly, and democratic theory. It is therefore important to think through what kind of theory of territory would be appropriate to an international order that accepts the idea of fundamental human rights and especially the democratic principle that the ruled ought to have a say in who rules them, and in how they are governed.

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A Political Theory of Territory by Margaret Moore

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