Territorial RightsLiberal defences of nationalism have become prevalent since the mid-1980's. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should western style settlement projects work in favour or against a nation's territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as â€~liberal nationalism'. The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims. |
Contents
INTRODUCTION | 1 |
Overcoming Some Basic Objections | 3 |
Method and Content | 8 |
National Rights as Individual Rights | 15 |
HISTORICAL RIGHTS TO LAND | 24 |
The Nations Cradle | 36 |
LOOKING FORWARD TO THE PASTAN ANALYSIS | 43 |
Classifying Corrective JusticeType Arguments | 50 |
Concluding Remarks | 61 |
Concluding Remarks | 63 |
THE ETHICAL SIGNIFICANCE OF SETTLEMENT | 75 |
Settlement in Disputed Territories | 93 |
The Appropriate Subject Matter for Territorial Redistribution | 103 |
Concluding Remarks | 110 |
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Common terms and phrases
aboriginal land claims acquisition Allen Buchanan appropriate argued Avishai Margalit basis Chaim Gans Chapter collective rights common compensation conception concerning connection considerations contemporary corrective justice David Miller dispossession efficiency egalitarian equality establish evaluation example existence fact favour first-occupancy formative territories given territory global group rights historic territory historical claims historical entitlement historical rights holding Ibid individual rights inhabitants injustice involved ISBN issue Jeremy Waldron Joseph Raz justify Kymlicka labour least legitimate liberal nationalism liberal-nationalist Locke Locke’s Locke's theory Lockean Margalit Margaret Moore moral national culture national groups National Identity national rights national self-determination national settlement national territorial rights nationalist nature normative Oxford particular past Paul Gilbert political possession present occupants principle property rights Raz’s real-estate reasons relevant restitution right to national settlers significant sovereignty rights specific Steiner suggests territorial claims territorial conflicts territorial disputes territorial entitlement territory in question Thomas Baldwin Treatise of Government University Press