scispace - formally typeset
Search or ask a question
Journal ArticleDOI

A Lockean Theory of Territory

01 Mar 2008-Political Studies (SAGE Publications)-Vol. 56, Iss: 1, pp 148-165
TL;DR: In this article, the authors defend a straightforward application of Lockean property arguments to territorial rights and argue that it is possible to apply directly Lockean principles regarding land use to territorial claims.
Abstract: In this article I defend a straightforward application of Lockean property arguments to territorial rights. The article is divided into three parts. In the first part I explain the difference between two rights to land: property rights and territorial rights. In the second part I explain why an individualistic account of a Lockean theory of territory cannot be used to theorise about territorial rights. In the third part I defend a collectivist version of Lockean theory of territory. I argue that it is possible to apply directly Lockean principles regarding land use to territorial rights. I punctuate my defence with examples where Lockean principles are intuitively helpful in resolving conflicts over territorial rights.
Citations
More filters
Journal ArticleDOI
G. W. Smith1

1,991 citations

Journal ArticleDOI
TL;DR: In this paper, the authors argue that the rights over territory standardly claimed by states can be separated into three main elements: the right of jurisdiction, the right to the territory's resources and control borders.
Abstract: This article begins by analysing the idea of territorial rights. It argues that the rights over territory standardly claimed by states can be separated into three main elements: the right of jurisdiction, the right to the territory's resources and the right to control borders. A full justification of territorial rights must therefore address each of these three elements. It proceeds to examine theories that treat states as the primary holders of territorial rights. Utilitarian theories (such as Sidgwick's) maintain that states acquire such rights simply by maintaining social order over the relevant territory. Such theories are insufficiently discriminating and cannot deal adequately with the issues raised by invasion and secession. An alternative view adds the condition that the state must be the legitimate representative of the people who (innocently) occupy the territory, but this too faces an objection. A historical version of the statist theory claims that states gain territorial rights by increasing ...

141 citations


Cites background from "A Lockean Theory of Territory"

  • ...Political Studies © 2011 Political Studies Association POLITICAL STUDIES: 2012, 60(2) the coordinated efforts of those members’ (Nine, 2008, pp. 159–60)....

    [...]

  • ...8 Nine, 2008, p. 159....

    [...]

  • ...6 Others have discussed efficiency arguments for territorial rights that focus on the efficient use of land: see Moore, 1998; Meisels, 2009, ch. 6; Nine, 2008....

    [...]

Journal ArticleDOI
TL;DR: In this article, the authors introduce the practical work of property's territory, the historical moment in which it was produced, powerful metaphors that work through it, and the habits and everyday practices it induces.
Abstract: The pervasive and important territorial dimensions of property are understudied, given the tendency to view territory through the lens of the state. Viewing both property and territory as relational and mutually recursive, I introduce the practical work of property’s territory, the historical moment in which it was produced, the powerful metaphors that work through it, and the habits and everyday practices it induces. The territory of property, I suggest, has a specificity, a presence, and a consequentiality, all of which demand our attention.

114 citations


Additional excerpts

  • ...Nine, 2008)....

    [...]

Journal ArticleDOI
Anna Stilz1
TL;DR: In this paper, it is argued that a state's claim to jurisdiction over territory is justified if that state imposes a system of property law that meets certain basic conditions of legitimacy, and that non-consenting property owners cannot secede.
Abstract: What gives a particular state the right to exercise jurisdiction and enforcement power over a particular territory? Why does the state of Denmark have rights over the territory of Denmark, and not over the territory of Sweden, and vice versa? This paper first considers a popular argument that purports to ground state territorial rights in citizens’ rights of land ownership. On this view, the state has jurisdiction over territory insofar as its people owns the territory, and delegates jurisdictional powers over their land to the state. It is argued that we should reject this approach, because it is unable to explain: (a) how the state can establish a continuous territory; (b) why later generations consent to the state’s jurisdiction; and (c) why non-consenting property owners cannot secede. Rather than considering state jurisdiction to be derived from the people’s prior property rights, this paper claims that we should consider state jurisdictional rights over territory to be primitive. It defends an alternative Kantian account of territorial rights. On this view, a state’s claim to jurisdiction over territory is justified if that state imposes a system of property law that meets certain basic conditions of legitimacy. This Kantian approach, it is argued, allows us to make better sense of state territorial rights.

82 citations


Cites background from "A Lockean Theory of Territory"

  • ...Not only do individuals party to the initial agreement lose these powers, future individuals come into the world without metajurisdiction over their property; this power now belongs to states (Nine, 2008: 150–154)....

    [...]

  • ...One consequence of accepting this kind of Kantian account – where state jurisdiction is primitive – is that we must abandon the role of the social contract in justifying territorial rights (Nine, 2008: 154)....

    [...]

  • ...There are some important objections to 2 Cara Nine offers a theory of the original acquisition of state territorial rights that takes this form in Nine (2008)....

    [...]

  • ...…(e) is a metajurisdictional power: it includes the thirdorder power to alter the second-order rules allocating jurisdiction among states, including the right to define what territory falls under their jurisdiction, and is subject to their rules about property rights (Buchanan, 2003; Nine, 2008)....

    [...]

References
More filters
Book
01 Jan 1974
TL;DR: In Anarchy, State, and Utopia as discussed by the authors, Nozick argues that the state is justified only when it is severely limited to the narrow function of protection against force, theft and fraud and to the enforcement of contracts.
Abstract: Robert Nozicka s Anarchy, State, and Utopia is a powerful, philosophical challenge to the most widely held political and social positions of our age ---- liberal, socialist and conservative. "Individuals have rights," Nozick writes in his opening sentence, "and there are things no person or group may do to them without violating their rights." The work that follows is a sophisticated and passionate defence of the rights of the individual as opposed to the state. The author argues that the state is justified only when it is severely limited to the narrow function of protection against force, theft and fraud and to the enforcement of contracts. Any more extensive activities by the state, he demonstrates, will inevitably violate individual rights. Among the many achievements of the work are an important new theory of distributive justice, a model of utopia, and an integration of ethics, legal philosophy and economic theory into a profound position in political philosophy which will be discussed for years to come.

7,183 citations

Book
01 Jan 1962
TL;DR: In the classic bestseller, Capitalism and Freedom, Friedman presents his view of the proper role of competitive capitalism as both a device for achieving economic freedom and a necessary condition for political freedom as mentioned in this paper.
Abstract: In the classic bestseller, Capitalism and Freedom, Milton Friedman presents his view of the proper role of competitive capitalism--the organization of economic activity through private enterprise operating in a free market--as both a device for achieving economic freedom and a necessary condition for political freedom. Beginning with a discussion of principles of a liberal society, Friedman applies them to such constantly pressing problems as monetary policy, discrimination, education, income distribution, welfare, and poverty. "Milton Friedman is one of the nation's outstanding economists, distinguished for remarkable analytical powers and technical virtuosity. He is unfailingly enlightening, independent, courageous, penetrating, and above all, stimulating."-Henry Hazlitt, Newsweek "It is a rare professor who greatly alters the thinking of his professional colleagues. It's an even rarer one who helps transform the world. Friedman has done both."-Stephen Chapman, Chicago Tribune

7,026 citations

Journal ArticleDOI
G. W. Smith1

1,991 citations


"A Lockean Theory of Territory" refers background in this paper

  • ...3 Nozick defends this version of the legitimate formation of the state (Nozick, 1974, ch. 2)....

    [...]

  • ...Journal compilation © 2007 Political Studies Association POLITICAL STUDIES: 2008, 56(1) that Robert Nozick’s watering hole example places a limit on private property rights (Nozick, 1974, p. 180)....

    [...]

Journal ArticleDOI
TL;DR: This paper showed that both capitalism and freedom are related to such variables as the educational level of the population so that, although not causally tied, they are correlated in a cross-national comparison.

1,981 citations


"A Lockean Theory of Territory" refers background in this paper

  • ...For example, Milton Friedman argued that individual civil liberties could only be protected if the instruments of these liberties (e.g. printing presses, transportation and assembly rooms) were controlled by private citizens, thus protecting individuals from coercion by others (Friedman, 1962)....

    [...]

  • ...printing presses, transportation and assembly rooms) were controlled by private citizens, thus protecting individuals from coercion by others (Friedman, 1962)....

    [...]

Book
02 Aug 2018
TL;DR: Two of John Locke's most mature and influential political writings and three brilliant interpretive essays have been combined here in one volume as mentioned in this paper, which offers insights into the history of ideas and the enduring influence of Locke's political thought.
Abstract: Two of Locke's most mature and influential political writings and three brilliant interpretive essays have been combined here in one volume. Among the most influential writings in the history of Western political thought, John Locke's "Two Treatises of Government" and "A Letter Concerning Toleration" remain vital to political debates more than three centuries after they were written. The complete texts are accompanied by interpretive essays by three prominent Locke scholars. Ian Shapiro's introduction places Locke's political writings in historical and biographical context. John Dunn explores both the intellectual context in which Locke wrote the "Two Treatises of Government" and "A Letter Concerning Toleration" and the major interpretive controversies surrounding their meaning. Ruth Grant offers a comprehensive discussion of Locke's views on women and the family, and Shapiro contributes an essay on the democratic elements of Locke's political theory. Taken together, the texts and essays in this volume offer insights into the history of ideas and the enduring influence of Locke's political thought.

381 citations


"A Lockean Theory of Territory" refers background in this paper

  • ...Property rights are individual rights to control other people’s use of and benefit from a thing (Locke, 2003 [1690], ch....

    [...]

  • ...The owner of the labour, then, deserves the product of their labour, because it is their labour that made the product valuable (Locke, 2003 [1690], paras....

    [...]

  • ...In waiting for such consent to come about, people would die without the benefit of being able to take things out of the commons for consumption (Locke, 2003 [1690], para....

    [...]