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A Political Theory of Territory by Margaret Moore

By Margaret Moore

Our global is at the moment 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 regulate over a specific 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 identical piece of land?

Political philosophy, which has had very much to claim concerning the dating among nation and citizen, has principally neglected those questions on territory. This ebook presents solutions. It justifies the belief of territory itself when it comes to the ethical worth of political self-determination; it additionally justifies, inside limits, these components that we ordinarily 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 matters dealing with us this day, all of which contain territory and territorial rights, yet that are at present 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 an international during which there's endured strain on borders and keep watch over over assets, from potential migrants and from the determined negative, and no coherent conception of territory to imagine via those difficulties, this e-book deals an unique, systematic, and complicated conception of why territory issues, who has rights over territory, and the scope and bounds of those rights.

"This is a well-written, well-argued e-book on a very very important and until eventually lately overlooked subject. Moore is impressively a professional of all of the appropriate philosophical literature and does a superb task quite often of distinguishing her view from these of others comparable 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 college

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Here I think it’s important that normative theory isn’t too captive to feasibility in the crude sense of whether people are likely to agree.  In that case, we can say that A is accessible to us in the sense that there is a path to Z, even though it is an indirect path which can be pursued only over time. Even when the moral rights to territory are not directly realizable, the normative theory of territorial rights put forward in this book enables us to consider the justifiability of our current institutions and practices, and gives us reason to work, through our political organizations, through social groups, or even directly in our actions, towards a better world order.

It also offers a strong basis for historical rights. Unlike conventional accounts, where property rights are conceived of as created by the state—as a bundle W h a t I s Te r r i t o r y? 19 of rights that are the creation of the exercise of jurisdictional authorities— the idea of a natural right to property may be able to justify historically persisting claims to land that are no longer occupied by the group. Claims by groups or persons lacking legal entitlement can be explained in terms of a natural right to property.

The right kind of relationship of the people to land is a necessary, not sufficient, condition for holding territorial rights. There are three distinct elements embedded in my political self-determination theory of territory. I begin with two place-related moral rights: a moral right of residency, which attaches to individuals, and a moral right of occupancy, which attaches to groups. These are distinct but interconnected moral rights. They are philosophically basic, and they are necessary to address the problem, not of justifying territory in general (as necessary to the good functioning of states), but of justifying particular pieces of territory for particular groups.

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