Meisels / Laporta / Verlag Territorial Rights

2006
ISBN: 978-1-4020-3823-5
Verlag: Springer Netherland
Format: PDF
Kopierschutz: 1 - PDF Watermark

E-Book, Englisch, Band 72, 142 Seiten, eBook

Reihe: Law and Philosophy Library

Liberal 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 ‘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.

Zielgruppe

Research

Autoren/Hrsg.

Meisels, Tamar

Laporta, Francisco J.

Verlag, Springer

Peczenik, Aleksander

Schauer, Frederick

Inhaltsverzeichnis

Preface. 1. Introduction. 1.1 Liberal Nationalism. 1.2 Territorial Property and State Sovereignity. 1.3 Method and content. 2. Collective Rights. 2.1 National Rights as collective Rights. 2.2 National Rights as Individual Rights. 2.3 Individual Territorial Rights. 2.4 Collective Territorial Rights. 3. 'Historical Rights' 3.1 What are 'Historical Rights'? 3.2 Preliminary Objections. 3.3 From Time Immemorial. 3.4 The Nation’s Cradle. 3.5 Historical Ties and National Interests. 3.6 Concluding Remarks. 4. Corrective Justice. 4.1 Initial Assumptions. 4.2 The Question of Reparations. 4.3 The Collective Nature of Territorial Entitlement. 4.4 Territorial Restitution - For and Against. 4.5 The Case for Corrective Justice. 4.6 Concluding Remarks. 5. The Supersession Thesis. 5.1 The Argument from Supersession. 5.2 Some Early Objections. 5.3 Superseding Historic Injustice and the Lockean Proviso. 5.4 Superseding Historic Injustice and Territorial Rights. 5.5 The Lockean Proviso. 5.6. Enough and as Good Left for Others. 5.7 The Lockean Proviso and National Self-Determination. 5.8 Why Does any of this Matter? 5.9 Concluding Remarks. 6. Efficiency. 6.1 The Efficiency Argument. Overcoming Some Basic Objections. 6.2 The Value of Efficiency. 6.3 Concluding Remarks. 7. Settlement. 7.1 Settlement and Self-Determination. 7.2 The Concept of Settlement. 7.3 The Ethics of Settlement. 7.4 The Lockean Element. 7.5 The Expressive Element. 7.6 Settlement in Disputed Territories. 7.7 Concluding Remarks. 8. Global Justice and Equal Distribution. 8.1 Distributive Principles and Bilateral Relationships. 8.2 Territorial Redistribution on a Global Scale. 8.3 The Appropriate Subject Matter for Territorial Redistribution. 8.4 A Liberal-Nationalist Approach to the Value of Territory. 8.5 Concluding Remarks. Conclusions. Bibliography. Index.