Margaret Moore offers a comprehensive normative theory of territory.

The current statist order assumes that states have a right to make rules involving the transfer and/or extraction of natural resources within the territory. Cosmopolitan theories of global justice have questioned whether the state is justified in its control over natural resources, typically by pointing out that having resources is a matter of good luck, and this unfairness should be addressed. This paper argues that self-determination does generate a right over resources, which others should not interfere with. It does not (...) entail, however, that there is no obligation on rich countries to redistribute to poor countries. Indeed, in some rare instances, it might be necessary for a particular political community to use its resources, but the presumption is that the collectively self-determining group should have the right to decide that. (shrink)

The Ethics of Nationalism blends philosophical discussion of the ethical merits and limits of nationalism with a detailed understanding of nationalist aspirations and a variety of national conflict zones. The author discusses the controversial and contemporary issues of rights of secession, the policies of the state in privileging a particular national group, the kinds of accommodations of minority national, and multi cultural identity groups that are justifiable and appropriate.

This paper examines the relationship between justice and colonialism. It defines colonialism; examines the kind of injustice that colonialism involved; and the possibility of corrective justice.

This essay argues that the concept of ‘reasonableness’plays an important role in Scanlon's, Rawls's, and Barry's theories of justice (or morality). The relationship between moral motivation and reasonableness is critically analysed. Specifically, the paper questions whether it is plausible to impute to the agents of construction the desire ‘to justify our actions to others on impartial terms’. It also argues that most of the work is done by the assumption that people are reasonable rather than by the contractarian formulation. Indeed, (...) the paper argues, the argument could proceed entirely by making explicit and arguing for the moral assumptions embedded in the concept of reasonableness [1]. (shrink)

In recent years numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This ambitious study brings together for the first time a series of original essays on the ethics of secession. A host of leading figures explore key issues in this important debate, including, what is `a people' and what gives them a right to secede? And is national self-determination consistent with liberal and democratic principles or is it a dangerous doctrine?

Journal of Social Philosophy, EarlyView.

This paper focuses on land as a domain in which legitimate expectations can give rise to entitlements. The central argument is that people are connected to other people and to projects, which are symbolically and materially rooted in particular places. This gives rise to an interest – an interest that is sufficiently weighty that it imposes obligations on other people – to protect stability of place. There are two ways in which legitimate expectations structure argument about land. It justifies liberty (...) rights to remain in a place, and not be removed or expelled from it, independently of the coercion that often accompanies forcible expulsion, and argue for rights of return as a second-order right when this right has been violated. I also argue that passage of time in a changed context can affect people’s legitimate expectations, and so their entitlements. (shrink)

This volume examines comparatively the views and principles of seven prominent ethical traditions on one of the most pressing issues of modern politics - the making and unmaking of state and national boundaries. The traditions represented are Judaism, Christianity, Islam, natural law, Confucianism, liberalism and international law. Each contributor, an expert within one of these traditions, shows how that tradition can handle the five dominant methods of altering state and national boundaries: conquest, settlement, purchase, inheritance and secession. Written by a (...) distinguished group of international specialists this volume is unique in providing both in-depth normative and comparative perspectives on a troubling question that will offer readers real insight into inter-tradition conflict. Those readers will range from upper-level undergraduates to scholars in such fields as philosophy, political science, international relations and comparative religion. (shrink)

The three major normative theories of secession are just-cause theories, choice theories, and national self-determination theories. Just-cause and choice theories are problematic because they view secession in terms of the application of liberal theories of justice or a liberal principle of autonomy, without regard for the dynamics of nationalist mobilitization and national politics. National self-determination theories can be supported by a collective autonomy argument. This is related to a particular view of the relationship between collective self-government and territory.

Associative duties—duties inherent to some of our relationships—are most commonly discussed in terms of intimate associations such as of families, friends, or lovers. In this essay I ask whether impersonal associations such as state or nation can also give rise to genuinely associative duties, i.e., duties of patriotism or nationalism. I distinguish between the two in terms of their objects: the object of patriotism is an institutionalized political community, whereas the object of nationalism is a group of people who share (...) a common identity, often grounded in a belief in shared history, and an aspiration for collective self-government together. I explore three arguments for the thesis that a special concern for one’s polity and fellow-citizens, or one’s nation and co-nationals, is an associative duty: from reciprocity, from collective self-determination, and from the well-being of compatriots or co-nationals. I argue that the relationship among compatriots is a more plausible contender for generating associative duties than the relationship among co-nationals, although even in this case there are questions whether these are genuinely associative duties, or simply special duties. Although the relationship among co-nationals is a less plausible contender for associative duties, the well-being argument does apply to the relationship among both co-nationals and compatriots. I also suggest that there is a certain privileging of the status quo in the way that associative duties arguments work, because they tend to operate from existing relations and associations. (shrink)

This paper examines three types of normative arguments that are put forward in defence of liberal nationalism.

This chapter contains sections titled: Introduction Liberalism and Communitarianism: An Abstract Debate Multiculturalism/Identity Politics: Non‐Neutrality and Structural Injustice Liberal Individuals and Their Identities Liberal Rules and Structural Injustices: Rules‐and‐Exemptions Liberal Toleration and Structural Injustice: Equality as Recognition Structural Injustice and Jurisdictional Authority Conclusion Notes.

This essay examines the central claim of Caney's book, viz., that there is no reason to treat the global sphere differently from the domestic sphere. It suggests that there is much that is valuable in having relatively autonomous, differentiated political communities, which both versions of Caney's scope argument ignore. This insight is explored via a critical assessment of both versions of Caney's scope argument; version 1, which is focused on civil and political rights (and argues that that they should be (...) universalized) and version 2, which applies to theories of distributive justice (particularly Caney's global equality of opportunity principle). (shrink)

This book is an original critique of contemporary liberal theories of justice, focusing on the problem of how to relate the personal point of view of the individual to the impartial perspective of justice. Margaret Moore's examination of prominent contemporary arguments for liberal justice reveals that individualist theories are subject to two serious difficulties: the motivation problem and the integrity problem. Individualists cannot explain why the individual should be motivated to act in accordance with the dictates of liberal justice, andDSrelated (...) to thisDSoffer radically incoherent accounts of the person. Revisionist liberal attempts to ground liberalism in contextual and perfectionist terms offer more defensible foundations, but Dr Moore argues that such theories do not support liberal political principles. She concludes by sketching a historical and concrete approach to political and ethical theorizing which reformulates the relation between self-interest and morality, and is not subject to the problems that beset liberal individualist theories of justice. Her book advances the debate between communitarians and liberals about the kind of moral foundation which a liberal society requires. (shrink)

This article examines the nature of the wrongs that are inflicted on individuals and groups who have been expelled from the land that they previously occupied, and asks what they might consequently be owed as a matter of corrective justice. I argue that there are three sorts of potential wrongs involved in such expulsions: being deprived of the moral right of occupancy; being denied collective self-determination; and having one's property rights violated. Although analytically distinct, all of these wrongs are likely (...) to be perpetrated when people are expelled from their homelands. Although there is substantial literature on corrective justice dealing with such cases, most of that literature focuses on the expropriation of property only, and is therefore unlikely to grasp the full implications of the wrong done or to reveal the full extent of what might be owed to people as a matter of corrective justice. (shrink)

This paper is interested in place-related attachments. It discusses the way in which territory or land is treated in theories of global distributive justice, and argues that this fails to capture the normatively significant relationship between peoples and places. This paper argues that any adequate theory of justice in territory has to begin by recognizing that territory is a claimant-relative good, and that this should be an important point of departure for theorizing about land and justice. Not only do the (...) current theories of distributive justice fail to acknowledge the claimant-relative nature of territory, but they do not offer a good way to incorporate place-related attachments in their theories. (shrink)

ABSTRACT This article raises three concerns about Buchanan's argument related to the individualist description of ideology and psychological description of the obstacles to justice, as well as the way in which he separates empirical and normative beliefs, which, the article argues, are much more closely connected in all the examples that he raises. In the end, however, it agrees with Buchanan's central contention concerning the cognitive biases that interfere with progress towards justice, but, it argues, these operate at a more (...) sub‐conscious level than described by Buchanan. (shrink)

Musical listening, looking at paintings and literary creation are activities that involve perceptual and cognitive activity and so are of interest to psychologists and other scientists of the mind. What sorts of interest should philosophers of the arts take in scientific approaches to such issues? Opinion currently ranges across a spectrum, with 'take no notice' at one end and 'abandon traditional philosophical methods' at the other. This collection of essays, originating in a Royal Institute of Philosophy conference at the Leeds (...) Art Gallery in 2012, represents many of the most interesting positions along that spectrum. Contributions address issues concerning aesthetic testimony, the processing and appreciation of poetry, the aesthetics of disgust, imagination, genre, evolutionary constraints on art appreciation, creativity, musical cognition and the limitations or productiveness of empirical enquiry for philosophical aesthetics. (shrink)

Musical listening, looking at paintings and literary creation are activities that involve perceptual and cognitive activity and so are of interest to psychologists and other scientists of the mind. What sorts of interest should philosophers of the arts take in scientific approaches to such issues? Opinion currently ranges across a spectrum, with 'take no notice' at one end and 'abandon traditional philosophical methods' at the other. This collection of essays, originating in a Royal Institute of Philosophy conference at the Leeds (...) Art Gallery in 2012, represents many of the most interesting positions along that spectrum. Contributions address issues concerning aesthetic testimony, the processing and appreciation of poetry, the aesthetics of disgust, imagination, genre, evolutionary constraints on art appreciation, creativity, musical cognition and the limitations or productiveness of empirical enquiry for philosophical aesthetics. (shrink)

This article is interested in the general question of what justifies territorial rights over unoccupied places, including places that are not occupied but are situated within the territorial borders of a state. This question arises because one of the most common defenses of rights over territory makes use of the idea of occupancy and has difficulty explaining such rights in places that are not occupied. It explores this question through an examination of the claims and arguments in the Canadian Arctic, (...) which provides an historically specific test case for the merits and plausibility of the various arguments appealed to. It argues that territorial rights in unoccupied places, including the Canadian Arctic, are justified on different grounds than in occupied parts of the territory, and that the justification also affects the kinds of rights—particularly over resources—that such states can claim. (shrink)

The paper analyses the interrelationship between Armstrong’s egalitarian theory and his treatment of the ‘attachment theory’ of resources, which is the dominant rival theory of resources that his theory is pitched against. On Armstrong’s theory, egalitarianism operates as a default position, from which special claims would need to be justified, but he also claims to be able to incorporate 'attachment' into his theory. The general question explored in the paper is the extent to which ‘attachment’ claims can be ‘married’ to (...) an egalitarian theory. The more specific argument is that a properly constrained attachment theory is more plausible than Armstrong’s egalitarian theory. It also criticizes attachment and improvement accounts as justifying permanent sovereignty over resources. The paper argues that neither of those arguments aim to justify the international doctrine of permanent sovereignty. (shrink)

This article outlines the two central theories in the ethics of secession and examines whether or under what conditions these normative theories would be satisfied in a post-invasion Iraq.

(1996). A “reasonable” immigration policy. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 520-525.

This Article examines the two dominant theories of territorial justice — one associated with justice, the other with self–determination. It applies these theories to the case of Israel/palestine, and to ongoing claims by political actors with respect to territorial rights there. It argues that justice theory seems to straightforwardly suppose the territorial rights of the State of Israel, at least if historical and retrospective considerations are not at the forefront, though once they are brought in, this argument can be deployed (...) in support of a number of different political positions. The self–determination argument, it is argued, is somewhat less indeterminate and seems to most straightforwardly support a “two–state” compromise. However, as with justice theory, its assumptions can be challenged on a number of fronts, and could also be deployed to buttress other arguments. The merits and challenges of both theories are analyzed through this case study. (shrink)

Les questions de justice soulevées par la possession du territoire sont nombreuses. Qui a droit à quoi ? La distribution est-elle équitable ? Quels sont les droits censés découler d’un droit au territoire ? Et il y en a bien d’autres. Le présent article met en évidence que ces questions de justice sont abordées sous une perspective plutôt différente selon la conception que l’on se fait du territoire. Il existe à ce dernier égard deux courants dominants : le premier, souvent (...) identifié à Locke, voit le territoire sous l’angle de la propriété ; le second, que l’on rattache à Kant, est considéré comme le domaine géographique du pouvoir juridictionnel.There are many justice issues raised by the possession of territory ; questions of who is entitled to what ; the fairness of the distribution ; and the entitlements that are thought to follow from having a right to territory, to name a few. This paper then goes on to show that these justice issues are framed somewhat differently depending on one’s conception of territory. There are two dominant conceptions of territory : territory as property ; and territory as the geographical domain of jurisdictional authority. The former is often identified with Locke, and the latter with Kant. (shrink)