An ongoing philosophical discussion concerns how various types of mental states fall within broad representational genera—for example, whether perceptual states are “iconic” or “sentential,” “analog” or “digital,” and so on. Here, I examine the grounds for making much more specific claims about how mental states are structured from constituent parts. For example, the state I am in when I perceive the shape of a mountain ridge may have as constituent parts my representations of the shapes of each peak and (...) saddle of the ridge. More specific structural claims of this sort are a guide to how mental states fall within broader representational kinds. Moreover, these claims have significant implications of their own about semantic, functional, and epistemic features of our mental lives. But what are the conditions on a mental state's having one type of constituent structure rather than another? Drawing on explanatory strategies in vision science, I argue that, other things being equal, the constituent structure of a mental state determines what I call its distributional properties—namely, how mental states of that type can, cannot, or must co‐occur with other mental states in a given system. Distributional properties depend critically on and are informative about the underlying structures of mental states, they abstract in important ways from aspects of how mental states are processed, and they can yield significant insights into the variegation of psychological capacities. (shrink)

In the recent debate between conceptualists and nonconceptualists about perceptual content, Kant’s notion of intuition has been invoked on both sides. Conceptualists claim Kant as a forerunner of their position, arguing that Kantian intuitions have the same kind of content as conceptual thought. On the other hand, nonconceptualists claim Kant as a forerunner of their own position, contending that Kantian intuitions have a distinctly nonconceptual kind of content. In this paper, I argue first, that both sides are wrong about Kant, (...) secondly, that neither side can properly account for the epistemic function of intuition, and thirdly, that Kant’s own notion of intuition contains the resources for a third alternative. The epistemic function of an intuition for Kant is to furnish the sensory representation of an object of cognition. Conceptualism cannot account for this function because it construes perception as a species of thought. As a proper appreciation of Kant’s reasons for insisting upon the heterogeneity of thought and perception puts one in a position to see, any view that does this will fail to do justice to the distinctly sensory nature of intuition. Nonconceptualism, on the other hand, cannot account for the epistemic function of intuition because it views intuition as self-standing, and thus as completely independent from thought. As a consequence, nonconceptualism is not entitled to claim that an intuition is itself a cognitive state. I show that Kant’s actual view avoids both these extremes because it involves a different way of conceiving how perception is informed by conceptual thought. Building on this conception, Kant is able to preserve the distinctly sensory nature of intuition, while also securing proper cognitive standing for it. As a result, Kant’s notion of intuition provides the resources for an alternative account of how thought relates to the senses – one that avoids the shortcomings of the positions staked out in the contemporary debate. (shrink)

I raise three objections for Gava’s thesis that the primary task of the Critique of Pure Reason is to develop a doctrine of method for metaphysics, understood as an account of the special kind of unity that a body of cognitions must exhibit to count as a science. First, I argue that this thesis has difficulty accommodating Kant’s concern with explaining the possibility of synthetic a priori judgements. This concern is motivated by a question that is prior to the issue (...) of scientific unity. Second, I argue that the context of the passage in which Kant calls the Critique a treatise on method makes clear that the remark concerns the Copernican Turn. This suggests that the method treated in the book is the procedure required by the Copernican Turn. Third, I dispute Gava’s claim that the idea that confers unity on metaphysics is the cosmopolitan concept of philosophy. (shrink)

C. I. Lewis’s conception of the given element in perceptual experience was one of the targets of Sellars’ famous charge that many such conceptions fall victim to the Myth of the Given. Yet exactly what makes a conception of the given mythical has remained unclear. Here I aim to clarify this issue by discussing Eric Watkins’ recent claim that a conception exactly like the one Lewis articulated in Mind and the World Order in fact avoids the Myth. Watkins motivates this (...) claim in part by raising objections for John McDowell’s account of the Myth and argues that a better account can be extracted from Kant. I defend McDowell’s position (and reject Watkins’ Kantian account) by arguing that these objections are based on a failure to appreciate an implication of the claim (which Watkins accepts) that rational thought operates in “the logical space of reasons.” Specifically, I focus on the implication that a thinker must be in a position to understand the rational significance of her perceptual experience. Along the way I explain in what ways Watkins’ conception of the given in experience mirrors the view of Lewis. (shrink)

You can perceive things, in many respects, as they really are. For example, you can correctly see a coin as circular from most angles. Nonetheless, your perception of the world is perspectival. The coin looks different when slanted than when head-on, and there is some respect in which the slanted coin looks similar to a head-on ellipse. Many hold that perception is perspectival because you perceive certain properties that correspond to the “looks” of things. I argue that this view is (...) misguided. I consider the two standard versions of this view. What I call the PLURALIST APPROACH fails to give a unified account of the perspectival character of perception, while what I call the PERSPECTIVAL PROPERTIES APPROACH violates central commitments of contemporary psychology. I propose instead that perception is perspectival because of the way perceptual states are structured from their parts. (shrink)

Conceptual engineering is a philosophical method that aims to design and spread conceptual and linguistic devices to cause meaningful changes in the world. So far, however, conceptual engineers have struggled to successfully spread the conceptual and linguistic entities they have designed to their target communities. This paper argues that conceptual engineering is far more likely to succeed if it incorporates empirical data and empirical methods. Because the causal factors influencing successful propagation of linguistic or conceptual devices are as complicated and (...) interwoven as they are, proper empirical research will greatly boost the likelihood that propagation is successful. In arguing for the superiority of empirical conceptual engineering over armchair-based conceptual engineering, this paper proposes a framework for understanding the causal forces at play in propagation. This is a three-part framework between the label of a lexical item, the psychological states associated with the lexical item, and the worldly things associated with the lexical item. By understanding the way causal forces affecting propagation play out at these three levels, conceptual engineers can better conceptualize, study, and harness the different causal forces affecting the success of their conceptual engineering projects. (shrink)

I give an argument against nonconceptualist readings of Kants claim that intuitions and concepts constitute two distinct kinds of representation than is assumed by proponents of nonconceptualist readings. I present such an interpretation and outline the alternative reading of the Deduction that results.

The intuitive Variety of Evidence Thesis states that, ceteris paribus, more varied evidence for a hypothesis confirms it more strongly than less varied evidence. Recent Bayesian analyses have raised serious doubts in its validity. Claveau suggests the existence of a novel type of counter-example to this thesis: a gradual increase in source independence can lead to a decrease in hypothesis confirmation. I show that Claveau’s measure of gradual source independence suffers from two unsuspected types of inconsistencies. I hence put forward (...) a more natural measure of gradual source independence which is not plagued by inconsistencies. Claveau’s counter-examples to the variety of evidence thesis disappear with the measure I suggest. I hence argue that my measure is preferable and that this thesis does at least not seem to be troubled by Claveau’s arguments. (shrink)

The aim of this paper is to show that attention to Kant's philosophy of mathematics sheds light on the doctrine that there are two stems of the cognitive capacity, which are distinct, but equally necessary for cognition. Specifically, I argue for the following four claims: The distinctive structure of outer sensible intuitions must be understood in terms of the concept of magnitude. The act of sensibly representing a magnitude involves a special act of spontaneity Kant ascribes to a capacity he (...) calls the productive imagination. Contrary to what is assumed by many commentators, it is not the case that the Two Stems Doctrine implies that a representation is either sensible or spontaneity-dependent, but not both. Outer sensible intuitions are both sensible and spontaneity-dependent – they are sensible because they exhibit the kind of structure Kant takes to be distinctive of outer sensible intuitions, and they depend on spontaneity because they are cases of sensibly representing a magnitude. (shrink)

In recent years, two competing methodological frameworks have developed in the study of the epistemology of philosophy. The traditional camp, led by experimental philosophy and its allies, has made inferences about the epistemology of philosophy based on the reactions, or intuitions, people have to works of philosophy. In contrast, multiple authors have followed the lead of Deutsch and Cappelen by setting aside experimental data in favor of inferences based on careful examination of the text of notable works of philosophy. In (...) other words, the debate is split between authors focusing on philosophy’sconsumptionand those focusing on philosophy’sproduction. This paper examines the motivation for focusing on original texts and other evidence of philosophy’s production and finds it lacking. Drawing upon Hills’ distinction between propagation and transmission, I argue that the social epistemology of philosophy does not justify the recent focus on original texts of philosophy. Because the philosophical knowledge of consumers of philosophy is likelyinspiredby producers of philosophy, as opposed to epistemically grounded in the producers’ epistemic states, experimental philosophy had it right all along—if we want to know the epistemic standing of philosophy, we need to look to philosophy’s consumers. (shrink)

The people of Myanmar were struck by three major human rights disasters during the country's period of democratization from 2003 to 2012: the 2007 Saffron Revolution, the aftermath of Cyclone Nargis in 2008, and the 2012 Rakhine riots, which would evolve into the ongoing Rohingya crisis. These events saw Myanmar's government categorically labeled as an offender of human rights, and three powerful Southeast Asian member states-Indonesia, Thailand, and Malaysia-responded to the violations in very different ways. In each case, their responses (...) to the crises were explicitly shaped by norm conflict, which may be understood as a tension between international and domestic norms. Their reactions were compelled by a need to address conflicting domestic and international expectations for norm compliance regarding human rights protection and non-interference in internal affairs. In Norms in Conflict: Southeast Asia's Response to Human Rights Violations in Myanmar, Anchalee Rüland makes sense of state action that occurs when a governing body is faced with a circumstance that is at once in line with and contrary to its own governing policies. She defines five different types of response strategies to situations of norm conflict and examines the enabling factors that lead to each strategy. Domestic norms are known to evolve as a country's values change over time yet Rüland argues that the old and new norms may also coexist; knowledge of the underlying political context is crucial for those seeking a solid understanding of state behavior. Norms in Conflict challenges the conventional understanding of the logic of consequences in determining state behavior, advancing constructivist theory and establishing a provocative new conversation in international relations discourse. (shrink)

Perception is a central means by which we come to represent and be aware of particulars in the world. I argue that an adequate account of perception must distinguish between what one perceives and what one's perceptual experience is of or about. Through capacities for visual completion, one can be visually aware of particular parts of a scene that one nevertheless does not see. Seeing corresponds to a basic, but not exhaustive, way in which one can be visually aware of (...) an item. I discuss how the relation between seeing and visual awareness should be explicated within a representational account of the mind. Visual awareness of an item involves a primitive kind of reference: one is visually aware of an item when one's visual perceptual state succeeds in referring to that particular item and functions to represent it accurately. Seeing, by contrast, requires more than successful visual reference. Seeing depends additionally on meta-semantic facts about how visual reference happens to be fixed. The notions of seeing and of visual reference are both indispensable to an account of perception, but they are to be characterized at different levels of representational explanation. (shrink)

Philosophers seeking to formulate a philosophy of mind that offers an alternative to the cur-rently dominant reductionist positions frequently appeal to the Kantian thesis that the mind is essentially spontaneous. Yet it is far from clear what the content of this thesis is, and what recommends it. In this paper, I discuss this question and propose a new answer – one that makes better philosophical and textual sense of Kant’s own claims than I believe has hitherto been offered. I do (...) this by focusing on Kant’s claim that, in particular, the represen-tation of categorial unity is spontaneous, rather than receptive. What I call the Single Spe-cies View of Spontaneity locates the rationale for this thesis in the fact that all representa-tion of categorial unity takes place in judgment and that judgment must be conceived as spontaneous. Against this I argue that Kant accepts a Two Species View of Spontaneity, according to which categorial unity can be represented in acts other than judgment. I defend this view by giving an account of Kant’s motivation for regarding categorial unity as spon-taneous, which has both a negative and a positive component. The negative component shows that categorial unity could not be accounted for by a mind whose representational capacities are entirely receptive. The positive component argues that Kant’s conception of cognition as the non-accidental agreement of a representation with its object requires him to hold that the mind is capable of an exercise of spontaneity that is directly involved in sense-perception and, therefore, distinct from judgment. It thus emerges that, properly under-stood, Kant’s thesis about the spontaneity of the mind has a much wider scope and rests on very different grounds than is commonly believed. (shrink)

Recently, in the framework of a relativistic quantum theory with invariant evolution parameter, solutions have been found for the two-body bound state, whose mass spectrum agrees with the nonrelativistic Schrödinger energy spectrum. In this paper, we study the radiative transitions of these states in the dipole approximation and find that the selection rules are identical with those of the usual nonrelativistic theory, expressed in a manifestly covariant form. In addition to the transverse and longitudinal polarizations of the nonrelativistic theory, (...) we find a “scalar” transition, induced by the relative time coordinate, which is of the same type as the longitudinal transition, expressing the Lorentz covariance of the theory. (shrink)

Public insurance is both everywhere and nowhere. It is everywhere in the sense that it is omnipresent in industrialised societies: public health insurance, unemployment benefits and pensions. It is a sizeable part of modern nations’ public budget . It has permeated our understanding of societal institutions to the extent that now access to public insurance coverage is understood as being a struggle for equality and equal citizenship .Public insurance is only one aspect of a broader phenomenon: the transformation of modern (...) societies into insurance societies, i.e. societies that are orientated toward risk-management . Nevertheless, public insurance is at the core of the welfare state as insurance system. Paul Krugman once said of the modern state that it is ‘an insurance company with an army’ while David Moss argues that government is the ultimate risk manager ( .. (shrink)

Some authors claim that minimal models have limited epistemic value (Fumagalli, 2016; Grüne-Yanoff, 2009a). Others defend the epistemic benefits of modelling by invoking the role of robustness analysis for hypothesis confirmation (see, e.g., Levins, 1966; Kuorikoski et al., 2010) but such arguments find much resistance (see, e.g., Odenbaugh & Alexandrova, 2011). In this paper, we offer a Bayesian rationalization and defence of the view that robustness analysis can play a confirmatory role, and thereby shed light on the potential of minimal (...) models for hypothesis confirmation. We illustrate our argument by reference to a case study from macroeconomics. At the same time, we also show that there are cases in which robustness analysis is detrimental to confirmation. We characterize these cases and link them to recent investigations on evidential variety (Landes, 2020b, 2021; Osimani and Landes, forthcoming). We conclude that robustness analysis over minimal models can confirm, but its confirmatory value depends on concrete circumstances. (shrink)

A compositional theory of perceptual representations would explain how the accuracy conditions of a given type of perceptual state depend on the contents of constituent perceptual representations and the way those constituents are structurally related. Such a theory would offer a basic framework for understanding the nature, grounds, and epistemic significance of perception. But an adequate semantics of perceptual representations must accommodate the holistic nature of perception. In particular, perception is replete with context effects, in which the way one (...) perceptually represents one aspect of a scene (including the position, size, orientation, shape, color, motion, or even unity of an object) normally depends on how one represents many other aspects of the scene. The ability of existing accounts of the semantics of perception to analyze context effects is at best unclear. Context effects have even been thought to call into question the very feasibility of a systematic semantics of perception. After outlining a compositional semantics for a rudimentary set of percepts, I draw on empirical models from perceptual psychology to show how such a theory must be modified to analyze context effects. Context effects arise from substantive constraints on how perceptual representations can combine and from the different semantic roles that perceptual representations can have. I suggest that context effects are closely tied to the objectivity of perception. They arise from a perceptual grammar that functions to facilitate the composition of reliably accurate representations in an uncertain but structured world. (shrink)

This paper examines the Stark effect, as a first order perturbation of manifestly covariant hydrogen-like bound states. These bound states are solutions to a relativistic Schrödinger equation with invariant evolution parameter, and represent mass eigenstates whose eigenvalues correspond to the well-known energy spectrum of the nonrelativistic theory. In analogy to the nonrelativistic case, the off-diagonal perturbation leads to a lifting of the degeneracy in the mass spectrum. In the covariant case, not only do the spectral lines split, but they acquire (...) an imaginary part which is linear in the applied electric field, thus revealing induced bound state decay in first order perturbation theory. This imaginary part results from the coupling of the external field to the non-compact boost generator. In order to recover the conventional first order Stark splitting, we must include a scalar potential term. This term may be understood as a fifth gauge potential, which compensates for dependence of gauge transformations on the invariant evolution parameter. (shrink)

Public insurance is commonly assimilated with redistributive tools mobilized by the welfare state in the pursuit of an egalitarian ideal. This view contains some truth, since the result of insurance, at a given moment, is the redistribution of resources from the lucky to unlucky. However, Joseph Heath considers that the principle of efficiency provides a better normative explanation and justification of public insurance than the egalitarian account. According to this view, the fact that the state is involved in (...) the provision of specific insurance is explained and justified by the greater efficiency of the state, in comparison with markets, in addressing market failures such as moral hazard or adverse selection. Our argument is that while insurance, intrinsically and idealistically, may diverge from a redistributive scheme, it is nevertheless difficult to deny that insurance has nothing to do with equality. More precisely, we argue that insurance may be understood as an egalitarian tool if our understanding of equality is broadened to include relational equality. Our paper aims to briefly recap the debates surrounding public insurance as a redistributive tool, advancing the idea that public insurance may be a relational egalitarian tool. It then presents a number of relational arguments in favor of the involvement of the state in the provision of specific forms of insurance, arguments that have been overlooked given the domination of luck egalitarian approaches in these debates. (shrink)

In “The Pecking Order,” Dalton Conley argues that inequalities between siblings are larger than inequalities at the level of the overall society. Our article discusses the normative implications for institutions of this observation. We show that the question of state intervention for curbing intra-family inequality reveals an internal tension within liberalism between autonomy and toleration, which bears on the forms that the intervention of institutions may take. Despite the pros and cons of both commitments, autonomy-based liberalism appears more compatible (...) with the involvement of the state for egalitarian reasons within the family than toleration-based liberalism.Export citation Request permission. (shrink)

Excerpt from Arnold Geulincx und Seine Philosophie Die Gestalt in welcher der nachstehende Beitrag zur Geschichte der Philosophie veroffentlicht wird, erfordert eine kurze Erklarung. Als ich die Gesammtausgabe von Geulinox' Werken zum Theil beendet hatte, wurde ich von einem verehrten Herrn Col-legen in Deutschland eingeladen, mich bei einem von ihm zu leitenden literarischen Unternehmen mit einer Monographie uber den Denker zu betheiligen. Es sollte eine Reihe von gemeinverstandlichen Abhandlungen hergestellt werden, etwa deijenigen vergleichbar, welche in England unter dem Titel Philosophical (...) Classios for English Readers" erscheint. Die gute Gesellschaft, in der meine langst angefangenen Studien uber den Gegenstand in die Welt treten sollten, veranlasste mich zu einer zustimmenden Antwort. Daher mein Entschluss, nach beinahe vierzig Jahren es abermals mit dom Abfasson eines ganzen Bandes in deutscher Sprache zu versuchen. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.". (shrink)

Engages the work and career of a central figure in contemporary philosophy. Hugh J. Silverman was an inspiring scholar and teacher, known for his work engaging and shaping phenomenology, hermeneutics, psychoanalysis, structuralism, poststructuralism, and deconstruction. As Professor of Philosophy and Comparative Literary and Cultural Studies at Stony Brook University, State University of New York, Silverman’s work was marked by “the between,” a concept he developed to think the postmodern in the space between philosophy and non-philosophy. In this volume, leading (...) scholars explore and extend Silverman’s philosophical contributions, from reflections on the notions of care, time, and responsibility, to presentations of the practices and possibilities of deconstruction itself. They provide an assessment of Silverman’s life and work at the intersection of philosophy, ethics, and politics. (shrink)

Although Maxwell theory is O(3,1)-covariant, electrodynamics only transforms invariantly between Lorentz frames for special forms of the field, and the generator of Lorentz transformations is not generally conserved. Bérard, Grandati, Lages, and Mohrbach have studied the O(3) subgroup, for which they found an extension of the rotation generator that satisfies the canonical angular momentum algebra in the presence of certain Maxwell fields, and is conserved by the classical motion. The extended generator depends on the field strength, but not the potential, (...) and so is manifestly gauge invariant. The conditions imposed on the Maxwell field by the algebra lead to a Dirac monopole solution.In this paper, we study the generalization of the Bérard, Grandati, Lages and Mohrbach construction to the full Lorentz group in N dimensions. The requirements can be maximally satisfied in a three-dimensional subspace of the full Minkowski space; this subspace can be chosen to describe either an O(3)-invariant space sector, or an O(2,1)-invariant restriction of spacetime. The field solution reduces to the Dirac monopole found in the nonrelativistic case when the O(3)-invariant subspace is selected. When an O(2,1)-invariant subspace is chosen, the field strength can be associated with a Coulomb-like potential of the type A μ(x) = n μ/ρ, where ρ = (x μ x μ)1/2, similar to that used by Horwitz and Arshansky to obtain a covariant generalization of the hydrogen-like bound state. In the presence of these fields, which are determined entirely by symmetry considerations, without reference to a source equation, the extended generator is conserved under classical relativistic system evolution. (shrink)

Trotsky wrote his Terrorism and Communism in 1920, as a response to Karl Kautsky’s book of the same title of the previous year. Trotsky’s aim was to win over, to the side of the Bolshevik view of socialism, the various European socialist political parties. Trotsky’s book is a rare document in the history of political thought. It is a candid and impassioned defense of the Bolshevik view that the period of transition to socialism is incompatible with both individual liberties and (...) democratic institutions as we normally understand them, and requires instead a one-party state with unlimited powers, prepared to use instruments of terror and repression to achieve its goals. In two articles that he wrote in the late 1930s, he elaborated on this view: he sought to provide an explicitly philosophical defense of theBolsheviks’ use of terror and repression.Trotsky’s views merit examination for several reasons: first, because they illuminate the ethical underpinnings of the distinctively Bolshevik view of socialism, and second, because they force one to come to terms with the question of how intelligent, reflective, and decent individuals could have advanced policies that strike us today as ghastly. In this paper I try to piece together Trotsky’s arguments as they bear upon both the Civil War and the immediate postwar period of reconstruction. (Here I focus on his critique of democracy, his defense of terror, and his defense of compulsory labor service and the militarization of labor. This proves to be an ideal point of entry into the ethical considerations that underlie his conception of party and state.) I also examine criticisms of the policies that Trotsky was defending—criticisms that were advanced by Marxists of such disparate stripes as Kaustky, on the one hand, and Rosa Luxemburg, on the other. (shrink)

Trotsky wrote his Terrorism and Communism in 1920, as a response to Karl Kautsky’s book of the same title of the previous year. Trotsky’s aim was to win over, to the side of the Bolshevik view of socialism, the various European socialist political parties. Trotsky’s book is a rare document in the history of political thought. It is a candid and impassioned defense of the Bolshevik view that the period of transition to socialism is incompatible with both individual liberties and (...) democratic institutions as we normally understand them, and requires instead a one-party state with unlimited powers, prepared to use instruments of terror and repression to achieve its goals. In two articles that he wrote in the late 1930s, he elaborated on this view: he sought to provide an explicitly philosophical defense of theBolsheviks’ use of terror and repression.Trotsky’s views merit examination for several reasons: first, because they illuminate the ethical underpinnings of the distinctively Bolshevik view of socialism, and second, because they force one to come to terms with the question of how intelligent, reflective, and decent individuals could have advanced policies that strike us today as ghastly. In this paper I try to piece together Trotsky’s arguments as they bear upon both the Civil War and the immediate postwar period of reconstruction. I also examine criticisms of the policies that Trotsky was defending—criticisms that were advanced by Marxists of such disparate stripes as Kaustky, on the one hand, and Rosa Luxemburg, on the other. (shrink)

Trotsky wrote his Terrorism and Communism in 1920, as a response to Karl Kautsky’s book of the same title of the previous year. Trotsky’s aim was to win over, to the side of the Bolshevik view of socialism, the various European socialist political parties. Trotsky’s book is a rare document in the history of political thought. It is a candid and impassioned defense of the Bolshevik view that the period of transition to socialism is incompatible with both individual liberties and (...) democratic institutions as we normally understand them, and requires instead a one-party state with unlimited powers, prepared to use instruments of terror and repression to achieve its goals. In two articles that he wrote in the late 1930s, he elaborated on this view: he sought to provide an explicitly philosophical defense of theBolsheviks’ use of terror and repression.Trotsky’s views merit examination for several reasons: first, because they illuminate the ethical underpinnings of the distinctively Bolshevik view of socialism, and second, because they force one to come to terms with the question of how intelligent, reflective, and decent individuals could have advanced policies that strike us today as ghastly. In this paper I try to piece together Trotsky’s arguments as they bear upon both the Civil War and the immediate postwar period of reconstruction. (Here I focus on his critique of democracy, his defense of terror, and his defense of compulsory labor service and the militarization of labor. This proves to be an ideal point of entry into the ethical considerations that underlie his conception of party and state.) I also examine criticisms of the policies that Trotsky was defending—criticisms that were advanced by Marxists of such disparate stripes as Kaustky, on the one hand, and Rosa Luxemburg, on the other. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Every ten years United States congressional districts are drawn, physically constructing political representation based on domicile. Why do we do it this way? Is territorial representation consistent with the broader normative ends of political representation). ;In section one I argue that territorial constituencies were never intended to represent local "communities of interest." Instead, physical proximity between voters was necessary to achieve the normative aims of representative government in a large nation. I begin in 13 th century England, and proceed through (...) the political theory of Hobbes, Locke, Montesquieu, Burke, the Federalists and their critics. I also provide a novel interpretation of Federalist 10. ;In sum, territory was a habit of mind for the founders of the United States, and thus there were no explicit reasons given for using territory. The silence of territory as a definer of electoral constituencies has continued to the present day. I argue that the continued silence about territorial constituencies constitutes a substantial breech of legitimacy. ;In the second section , I argue that "constituency definition" is a normatively rich institution and how constituencies are defined ought not to be determined by interested third parties. I argue that Hanna Pitkin incorrectly conflated "political representation" and "legitimacy." I argue that citizen consent to constituency definition is a central part of legitimating any representative government. Finally, I argue that there are no persuasive normative arguments for territorial constituencies today. Justifying territorial constituencies on the normative claim that "communities of interest" ought to define constituencies for political representation is simply unpersuasive. If one believes such particularity ought to be represented in one branch of the national legislature, then other kinds of particularity---race, ideology, class, et al---simply dominate. ;In section three I argue against "particularity" for electoral constituencies. I conclude with a thought experiment: randomly assign voters into 435 national, electoral constituencies for life. Having established that the concept of "constituency" is itself normatively robust and separable from "electoral systems," I argue that important considerations of "voice," can be introduced through novel means of reform. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Land is becoming increasingly scarce relative to the demands of the global economy; a problem significantly exacerbated by climate change. In response, some have suggested that land should be conceptualised as a global commons. This framing might seem like an appealing way to promote sustainable and equitable land use. However, it is a poor fit for the worldʼs land because global commons are generally understood as resources located beyond state borders. I argue that land (...) can be seen to fit the definition of a global commons, if viewed in a particular way; namely, as a biogeochemical resource system that sequesters carbon emissions. The question then arises whether land should be conceptualised as a global commons. I consider this question by reference to three contemporary problems of land justice (land grabbing, forced displacement, and unfairness in land-based climate mitigation); arguing that the global-commons framing will not be conducive to understanding or responding to these problems. I leave the question of how the global community should conceptualise land in the context of climate change open, claiming that any answer must include the voices and perspectives of those whose livelihoods and identities are closely connected to the land. (shrink)

Can you describe your research area and where Brisbane sits in relation to your native title research? My main research area is the region surrounding Brisbane, the capital city of the State of Queensland. I particularly concentrate on the region within about 100 kilometres of the city, but at times I document individuals that may have come from 200 or 300 kilometres away, if these people had some sort of connection to Aboriginal families that lived closer to Brisbane.

Jeremy Waldron introduced the notion of rights supersession into the philosophical discussion about restitutive justice in cases of historic injustices. He refers to land claims by indigenous peoples as a real-world example and as an application of his theory of rights supersession. He implies that the changes that have taken place in settler states since the first years of colonialism are the kind of changes that lead to a supersession of land rights. The article proposes to unbundle property (...) rights into rights of benefit, control, use, and access and to distinguish between different forms of attachment. This strategy allows for a third option of restitution and supersession, namely partial restitution. Partial restitution grants current land holders those rights that they need to satisfy their attachments and basic distributive justice claims. At the same time, rights that are not needed for either purpose will revert back to indigenous peoples as the original owners. The article argues that the notion of partial restitution allows for far more extensive land rights than a less nuanced application of the supersession thesis. (shrink)

As concerns heighten over links between biomass production and land grabs in the global south, attention is turning to understanding the role of governance of biofuels systems, whereby decision-making and conduct are not solely determined through government regulations but increasingly shaped by non-state actors, including multi-stakeholder initiatives. Launched in 2005, Bonsucro is the principal MSI that focuses on sustainability standards for sugar and sugarcane ethanol production. Bonsucro claims that because it is free from government interference and draws on (...) scientific metrics, their standards transcend localized, political–economic contexts. In this paper, we illustrate how the local context shapes the prospects for Bonsucro sustainably certified biofuel production in relation to land and water grabs. To accomplish this, our case focuses on Colombia, which has used a range of national policy mandates to establish itself as one of the larger producers of agrofuels in Latin America. We draw on interviews with stakeholders in the sugar and ethanol industries, paired with an examination of Bonsucro principles on land rights and water use, to illustrate how the sugar industry is framing their participation in Bonsucro, and the effects of the increasing intensification of sugarcane for ethanol production on land and water access for communities. We find that within the context of Colombia, efforts such as Bonsucro provide a veil of legitimacy and authority to a system that is premised on deeply entrenched historical patterns of inequitable land ownership patterns and access to natural resources. (shrink)

Political theorists have begun to re-examine claims by indigenous peoples to lands which were expropriated in the course of sixteenth-eighteenth century European expansionism. In Australia, these issues have captured public attention as they emerged in two central High Court cases: Mabo (1992) and Wik (1996), which recognize pre-existing common law rights of native title held by indigenous people prior to European contact and, in some cases, continue to be held to the present day. The theoretical significance of the two Australian (...) cases is examined and the links drawn out between the current debate about Aboriginal land rights in Australia and the wider philosophical debate about indigenous land rights, property rights, and indigenous justice as characterized by Jeremy Waldron and James Tully. Justice towards indigenous groups requires substantial acknowledgement and recognition of the values and institutions of the relevant indigenous group; yet, these values and institutions may not readily fall under the framework of existing state structures. Attempts to redress injustice towards indigenous groups which do not question the justice of existing state institutions will therefore prove to be inadequate responses to indigenous peoples' demands for substantive justice. (shrink)

In areas of land conflict, fear and the threat of violence work to reproduce imaginaries of land as a resource that powerful people can grab. An urgent question for agrarian scholars and activists is how people can overcome fear so that alternative imaginaries might flourish. In this article, we argue for attention to the affective dimension of imaginaries; ideas of what land is and should be are co-constituted through the material and social, imbued with powerful emotions that (...) enable imaginaries to be reproduced, to be challenged, and even to be transformed. We draw from long-term research projects in Cambodia—a country known for plantation-fuelled dispossession—where the Prime Minister’s surprise announcement of a land titling campaign in 2012 ruptured the wave of land grabbing, creating openings to imagine different outcomes that are rooted in the potential for legal recognition of smallholder claims. Although the campaign was an uncertain rupture in land imaginaries, these moments matter. Land claimants sought to create affective ties with volunteer land surveyors that embedded hopeful land imaginaries in rural areas and into the national cadastral system. The land title in this context is the material bearer of a land imaginary that centres on rural people’s connection to the land, and also reinforces rural people’s connection to the Cambodian state and the potential to gain the state’s protection. We contribute to an emerging literature that locates the formative effects of hope as an orientation and as a method by exploring the possibilities inherent in rupture. (shrink)

Qutayba ibn Muslim al-Bāhilī is one of the leading soldier-bureaucrats of the Umayyads period. During the time he served as the governor of Khurāsān, he consolidated the Umayyad’s rule in Tokharistan and Transoxiana provinces, and expanded the borders of the state to China by conquering the Kashgar region. His activities for conversion of the people of the conquered regions have great importance in the history of Islam since the intense relations of the Turkish people with Islam fell upon the (...) time of his governorship. It is possible to argue that by introducing the religion to these people Qutayba had played an important role in their conversion to Islam. It is also known that he had sent a delegation to the emperor of China for the same purpose. However, despite all his achievements, it is seen that the academic studies about Qutayba in our country are very rare. Besides, some of the recent studies about him claim that he was a fraud, a trickster, and an untrustworthy person in his military activities; and had committed mass murders and massacres, persecuted innocent people, destroyed and burned the cities of conquered lands. In this article, it is examined that whether these claims and accusations have their justifications or not by consulting the main sources. In fact, what is expected from constructive criticism in this subject and every other area is to clarify the matter and make it more comprehensible of its context. However, it should not be forgotten that some conclusions over Qutayba in these studies might have been drawn to quickly in order to manipulate the conquest movements of the Umayyad period.Summary: The religious interaction and change taken place in the Arabian Peninsula with the emergence of Islam and with the political, military and cultural activities of the Muslims performed during the periods of Prophet Muhammad and the Rāshidūn (rightly guided) Caliphs had significant effects upon the lands of Iraq, Syria, Egypt and Khurāsān where the ancient civilizations located.The success made by the Muslim-Arabs in such a short time is accepted of course as one of the important events of world history. The message of Islam spread rapidly with their extraordinary efforts, and reached quickly in the early days of Islam to the Amu Darya/Oxus River, which is considered to be the natural border between the Iranians and the Turks (Iran and Turan).Although the Turks who had been struggling to dominate the region for centuries gained an opportunity with the disappearance of the Sasanian Empire from history, they could not take advantage of this new situation because of their lack of political unity and a strong state, and the power held by the regional Turkish Sultans were not enough to make their dominance happen. In this conjuncture, the Muslim-Arabs who appeared in the stage of history in a relatively late period but had the ideal of being a regional and a global power had rapidly realised their political and military activities called “conquest” in the Islamic historical sources. When it comes to the period of Caliph ʿUthmān, it is seen that the conditions were very suitable for passing to the east of the Oxus River where the Turkish elements lived intensively. At the time, the absence of a strong Turkish state in the region, and China’s occupation with its own internal problems made an important contribution for the Muslim-Arab capture of the region. In this region, which is called as “Transoxiana” in the Arabic sources, it is seen that the Turks organized their political structures as city-states and regional sultanates. In the north-eastern parts of this region, there was a strong Turkish State called the Turgish State and it provided political and military support to the people of the region who rebelled occasionally the Umayyads.After solving the internal problems of the state largely and suppressing some dangerous revolts, the Umayyad Caliph ʿAbd al-Malik ibn Marwān became capable of initiating military activities beyond the borders of the state. Nevertheless, the period when the actual conquests were made was the period of his son Walīd (86/705-96/715). It is seen that the conquests made in his time were permanent, and the people who lived in the conquered lands accepted Islam to a large extent. The conquest made during Walīd’s time which extended from Kashgar to the Pyrenees, realised at an unprecedented pace. The most important name for the eastern side of the conquests is undoubtedly Al-Ḥajjāj ibn Yūsuf. Ḥajjāj (75/694-95/714) who acted as the supreme governor of Iraq for nearly twenty years, had achieved important successes in the regions of Transoxiana and Sindh located in the eastern part of the country by the hands of his appointed governors. However, many governors appointed by him to Khurāsān from 75/694 to 86/705 with the hope of reaching his goals in the east could not meet his expectations because of the political, social and economic problems that existed throughout the country, and because of the resulting rebellions in the regions that these problems caused.These unwanted conditions continued to be seen in the region until he appointed Qutayba ibn Muslim as the governor of Khurāsān (86 / 705-96 / 715) who was one of the young commanders and administrators educated by Ḥajjāj personally. Qutayba known as having a close relationship with Ḥajjāj and consulting him when taking important decisions acted in this direction throughout the time he stayed in this position.It is known that the internal conflicts in the region continued during the time when Qutayba was appointed as the governor of Khurāsān. However, he had brought together northern and southern Arabian tribes living in the region with religious, political and economical suggestions and had succeeded in persuading them for military activities that he decided to operate beyond the Oxus. For the Umayyads, these military operations were justified, because the regional sultans who ruled in the western and eastern sides of the Oxus repeatedly violated the agreements they had made before. The tendency of the people of Turkic, Iranian, and Tajik origin who were the real owner of these lands and lived in both sides of the rich Oxus basin for many centuries to violate these agreements was in fact result of a great concern. They now realized that the Muslim-Arabs who followed a systematic settlement policy in the region came to their lands this time without any intention of going back. Even though Qutayba followed a fair and reasonable policy towards them, they violated their agreements with him, formed alliances among themselves and waged military campaigns against Qutayba not to be the subjects of any change in their religion, worldview, and perception of existence.Qutayba, who is believed to have spent his its utmost efforts to make the religion of Islam and the Umayyad political cause permanent in the region under these unfavourable conditions, has been recently criticized by some researchers. The criticisms intensify around the claims that he persecuted people, committed massacres, and behaved unfaithfully by breaking his promises that he made with people. From the perspective of our own times, it is possible to think that sometimes he had taken extreme measures in punishing the sultans and the persons who raised armed struggles against him and caused riots by violating the agreements. However, when the period is compared with the others, it can be easily said that the Umayyads showed in these and other remote areas a considerable amount of tolerance that they had never shown it in their internal conflicts. It is a known fact that he generally clashed with the ones who disrupted agreements, sought help from external forces, established alliances against them, and refused to pay taxes. Based on historical sources, it does not seem to be possible to say that while doing these activities in the region, Qutabya did not behave entirely in a way that his behaviour could be classified as massacres committed against innocent civilians. On the contrary, it is known that Qutayba had given many chances to the people of the region in administrative and military affairs. As a matter of fact, he ruled the city of Bukhara for 20 years with a Turkish ruler whom he appointed and supported, and he included in his army a union of twenty thousand cosmopolitan soldiers assembled from the people of Bukhara, Baykend, Chach and Samarkand and paid a regular salary to them.The fact that his grave known as the “Imam Shaykh Qutayba Tomb” was turned later into a shrine and visited by the people even today despite the passage of long centuries after his death shows that he has been loved by the people of the region and that they have always considered him as a conqueror-bureaucrat who spent his life for the ideals of his religion. (shrink)

The processes of state formation in the agrarian states of Southeast Asia lend themselves to fruitful comparative analysis using Eliasian concepts. However, in the difficult physical environment of a region endowed with plentiful land relative to population, the control of labour was more important than control of territory, as demonstrated by the cases of Siam and Java. Moreover, the religious, ceremonial and symbolic significance of kingship remained very important even when the coercive power of the centre was weak. (...) Courts made absolutist claims, but their dominance depended on symbolic power and on complex intrigues and networks of patronage. Elias is useful to analyse these endogenous processes of state formation. However, the modern states of the region were forged by colonialism, nationalist movements and the more recent technocratic developmentalist programmes of authoritarian elites. Rapid economic transformation and industrialization have brought new classes and new tensions to test the adequacy of state structures, now far removed from the elite territorial competition of the past. (shrink)

Since the early Medieval Time people contested theological legitimation and rational discursive discours on authority as well as retreated to refuges to escape from any secular or ecclesiastical authority. Modern attempts formulated rational legitimation of authority in several ways: pragmatic authority by Monteigne, Bodin and Hobbes, or the contract authority of Locke and Rousseou. However, Enlightened Anarchism, first formulated in 1793 by the English philosopher William Godwin fulminated against all rational restrictions of human freedom and self-determination. However, we do not (...) analyze anarchism by the ‘what’ and the ‘why’, but by looking for the best actual approach of Anarchist’s ‘Promised Land’. Furthermore, we follow the footsteps of Thoreau’s Walden Pond experiment considered as a place of salvation and prototype of 19th century romantic’s extreme individualism towards Leopold’s ethics of the land. Indeed, Thoreau’s and later Muir’s concepts of refuges are tightly connected to territorial and temporal bio-regional constraints and imply an internally organized public area based on mutualism and Hannah Arendt’s agape. From these ideas of refuges, Aldo Leopold formulated his Land-ethics that claimed integrity and autonomy of the ‘Land’. His foundation is a prototype of the eco-centric free space version of eco-anarchism as formulated by Bookchin. In order to formulate a philosophical foundation of eco-anarchism we reject Newtonian homogeneous space-temporal conception, preceding the whole Modern discours about authority and state. On the contrary, we adopt the pluralistic Leibnizian space-time from which thinking-humans do not dissociate themselves, but participate as part of the rational infrastructure of eco-refuges. In eco-refuges, citizen belong to the civil society that stays in equilibrium with the landscape and all forms of biological life. Space is the boundary condition of human activity and determines how borders, environmental organization and institutes are sustained. Space has its proper essence of sustainability, unity and integrity. The individual feelings of security are embedded in a timelike tradition and evolution of the free space, while individual particular conceptions of space and time integrate into the social processes of identification with the refuge. Therefore, the creation of eco-refuges transforms the actual world of national authorities into a world of anarchistic democratic eco-regional homelands. (shrink)

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

Scholarly discussion has treated the account of the state of nature which Locke presents in his Second Treatise as neither an hypothesis nor a description but rather as a fiction. John Dunn, for example, claims that it is a `theoretical analysis of the fundamental relations of right and duty which obtain between human beings, relations which are logically prior to the particular historical situations in which all actual human beings always in fact find themselves'. Here Dunn presents a misleading (...) account of Locke's argument, presumably, as the title of his paper suggests, in order to mount an argument of his own about the `political relevance' of Locke's work to a time when no one takes seriously the early modern idea of the state of nature. However, this article also has a more serious concern. I argue that the representation of the state of nature as a merely imaginary, `theoretical analysis' of social relations obscures the significance of the early modern idea of a state of nature, not only for the work of Locke and his near contemporaries, but also, more importantly, for the broader development of western social and political thought. The idea of an original condition of freedom and equality played a central role in Locke's argument, serving as a means both to undermine the view that humans were born into a natural condition of subjection to the rule of others and to justify European expropriation of land in the Americas. It also represented one end of a developmental continuum, running from the original, most primitive, condition of humanity through to the societies of contemporary western Europe, which was thought to encompass all sections of humanity. While the idea of an original asocial condition on which this continuum was based was later brought into question, a closely related developmental framework nevertheless informed later movements in history and the social sciences. After being abandoned in its original form, this category was finally revived in 20th-century political theory, this time precisely in the form that Dunn mistakenly ascribes to Locke. The article concludes by speculating on the relationship between these normative and empirical perspectives on the state of nature. (shrink)

Much controversy has existed over the claims of Native Americans and other indigenous peoples that they have a right—based on original occupancy of land, historical transfers of sovereignty, and principles of self-determination—to a political status separate from the states in which they now find themselves embedded. How valid are these claims on moral grounds? -/- Burke Hendrix tackles these thorny questions in this book. Rather than focusing on the legal and constitutional status of indigenous nations within the states now (...) ruling them, he starts at a more basic level, interrogating fundamental justifications for political authority itself. He shows that historical claims of land ownership and prior sovereignty cannot provide a sufficient basis for challenging the authority of existing states, but that our natural moral duties to aid other persons in danger can justify rights to political separation from states that fail to protect their citizens as they should. -/- Actual attempts at political separation must be carefully managed through well-defined procedural mechanisms, however, to foster extensive democratic deliberation about the nature of the political changes at stake. Using such procedures, Hendrix argues, indigenous peoples should be able to withdraw politically from the states currently ruling them, even to the point of choosing full independence. (shrink)

It has been argued, and not without emotional detachment, that the Holocaust is unlike other events in world and Jewish history. Those who offer such arguments also claim that comparisons between events of ethnic cleansing, mass murder and other sorts of criminal behavior are not meant to purvey a kind of moral one-upmanship. The suffering and harm in one instance is as morally repugnant as those in any other instance, whether it is a Jewish child gassed and cremated by the (...) Nazis, a black child lynched in the southern United States, an Armenian child deliberately poisoned in a Turkish hospital, a Ukrainian child starved to death in a Stalinist blockade, a Native American child shot to death by Conquistadors, a Rwandan child hacked to death, or a Bosnian child blown to pieces by a land mine or sniper. (shrink)

North America and New Zealand were colonized by England under an international legal principle that is known today as the Doctrine of Discovery. When Europeans set out to explore and exploit new lands in the fifteenth through the twentieth centuries, they justified their sovereign and property claims over these territories and the Indigenous people with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of (...) the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of Native people and gained political and commercial rights over the inhabitants. England was an avid supporter of the Doctrine and used it around the world. The English colonial governments and colonists in New Zealand and America, and later the American state and federal governments and New Zealand governments, all utilized Discovery and still use it today to exercise legal rights to Native lands and to control their Indigenous people. In this article, the authors, an American Indian and a New Zealand Maori, use a comparative law methodology to trace and compare the legal and historical application of Discovery in both countries. The evidence uncovered helps to explain the current state of United States Indian law and the New Zealand law relating to Maoris. While the countries did not apply the elements of Discovery in the exact same manner, and at the same time periods, the similarities of their use of Discovery are striking and not the least bit surprising since the Doctrine was English law. Viewing American and New Zealand history in light of the international law Doctrine of Discovery helps to expand one's knowledge of both countries and their Indigenous peoples. (shrink)

In her recent book Gillian Brock argues that states’ legitimacy depends on their being part of a just state system that protects human rights. Here I discuss some practical limitations raised by Brock’s legitimacy framework: mainly, (1) the problematic real-world implications of such an account, and (2) the epistemic challenges that judgements inspired by this account would have to face, were we to proceed solely on the basis of it.

Modern states claim rights of jurisdiction and control over particular geographical areas and their associated natural resources. Boundaries of Authority explores the possible moral bases for such territorial claims by states, in the process arguing that many of these territorial claims in fact lack any moral justification. The book maintains throughout that the requirement of states' justified authority over persons has normative priority over, and as a result severely restricts, the kinds of territorial rights that states can justifiably claim, and (...) it argues that the mere effective administration of justice within a geographical area is insufficient to ground moral authority over residents of that area. The book argues that only a theory of territorial rights that takes seriously the morality of the actual history of states' acquisitions of power over land and the land's residents can adequately explain the nature and extent of states' moral rights over particular territories. Part I of the book examines the interconnections between states' claimed rights of authority over particular sets of subject persons and states' claimed authority to control particular territories. It contains an extended critique of the dominant. (shrink)

A critical but underdeveloped part of the libertarian debate about immigration is the question of who, if anyone, owns public property, and the consequences of the answer to this question. Libertarians who favor restrictive immigration policies, such as Hans-Hermann Hoppe, argue that taxpayers own public property, and that the state, while it is in control of such property, should manage it on behalf of taxpayers in the same way private owners would manage their own property. In other words, it (...) should be quite selective about who may enter. Walter Block, who takes an “open borders” position, does not appear to dispute the claim that taxpayers own public property, but nevertheless argues that immigrants are entitled to ignore the state’s control of, and thus may freely enter, such property. In this article I explore the question of public property ownership using Rothbardian property rights principles. I conclude that, at least with respect to a particular type of public property, neither Hoppe’s nor Block’s reasoning is consistent with these principles. I also consider the idea that the state ought to have a role in managing public property in light of some libertarian anarchist ideas about the state. I conclude that supporting a legitimate role for the state as an immigration gatekeeper is inconsistent with Rothbardian and Hoppean libertarian anarchism, as well as with the associated strategy of advocating always and in every instance reductions in the state’s role in society. (shrink)

The Iran-United States Claims Tribunal is the most important source of international arbitral decisions for at least the past half century, and its decisions have contributed significantly to the development of international law and the law of international commercial transactions. Judge Aldrich, who is the only member of the Tribunal to have served since its inception in 1981, has written what will be recognised as the definitive book about the jurisprudence of the Tribunal. The book seeks to preserve and to (...) make accessible the substantial body of Awards and Decisions rendered by the Tribunal during the years since it was established in. Its hundreds of Awards and Decisions may be individually consulted but hitherto there has been no detailed analytical guide through the vast published work of the Tribunal. This important new book provides a two-fold service. First, it quotes from the most significant Awards and Decisions at sufficient length so that both their substance and the reasoning of the Tribunal can be understood from access to the present volume alone. Second, it organizes and summarizes the decisions to facilitate finding complete texts relevant to any particular issue. (shrink)

This review presents a state of the art in artificial intelligence applied to urban planning and particularly to land-use predictions. In this review, different articles after the year 2016 are analyzed mostly focusing on those that are not mentioned in earlier publications. Most of the articles analyzed used a combination of Markov chains and cellular automata to predict the growth of urban areas and metropolitan regions. We noticed that most of these simulations were applied in various areas of (...) China. An analysis of the publication of articles in the area over time is included. (shrink)