Nicholas Southwood
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199539659
- eISBN:
- 9780191594908
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199539659.003.0007
- Subject:
- Philosophy, Moral Philosophy, Political Philosophy
The final chapter considers whether deliberative contractualism is capable of satisfying the explanatory adequacy criterion. Whereas the strategy in Chapter 6 was positive and direct, here the ...
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The final chapter considers whether deliberative contractualism is capable of satisfying the explanatory adequacy criterion. Whereas the strategy in Chapter 6 was positive and direct, here the strategy is negative and indirect. It argues that we have good reason to believe that deliberative contractualism is explanatorily adequate because we lack good reason to believe that it is explanatorily inadequate in any of the ways that it would have to satisfy the moral accuracy criterion and yet still fail to ultimately ground morality. As argued in Chapter 1, there are five relevant kinds of explanatory inadequacy: explanatory backwardness; explanatory supersession; explanatory epiphenomenality; explanatory circularity; and explanatory non-fundamentality. The chapter considers each of these in turn and argues that the best arguments for thinking that deliberative contractualism exemplifies them fail.Less
The final chapter considers whether deliberative contractualism is capable of satisfying the explanatory adequacy criterion. Whereas the strategy in Chapter 6 was positive and direct, here the strategy is negative and indirect. It argues that we have good reason to believe that deliberative contractualism is explanatorily adequate because we lack good reason to believe that it is explanatorily inadequate in any of the ways that it would have to satisfy the moral accuracy criterion and yet still fail to ultimately ground morality. As argued in Chapter 1, there are five relevant kinds of explanatory inadequacy: explanatory backwardness; explanatory supersession; explanatory epiphenomenality; explanatory circularity; and explanatory non-fundamentality. The chapter considers each of these in turn and argues that the best arguments for thinking that deliberative contractualism exemplifies them fail.
George H. Gadbois, Jr
- Published in print:
- 2011
- Published Online:
- September 2012
- ISBN:
- 9780198070610
- eISBN:
- 9780199080755
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198070610.003.0015
- Subject:
- Law, Legal History
This chapter describes the Beg Court of 1977–8. The next-in-line to follow Ray as CJI was H.R. Khanna but it was no surprise, just hours before Ray’s retirement on 28 January 1977, the government ...
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This chapter describes the Beg Court of 1977–8. The next-in-line to follow Ray as CJI was H.R. Khanna but it was no surprise, just hours before Ray’s retirement on 28 January 1977, the government announced that M.H. Beg, the second most senior associate judge, was to be the fifteenth CJI. The supersession of Khanna was one of Indira Gandhi’s last major acts during her first regime. Beg had been a loyal soldier as an associate judge and had supported the government in Kesavananda and Habeas Corpus. In the second month of Beg’s stewardship, Mrs Gandhi’s government was routed and the Janata coalition took over. The most noteworthy change during the Janata regime concerning SCI appointments was the requirement that the CJI consult his two seniormost colleagues about nominees and apprise the government of their views. His new appointments include Vidyaranya Dattatraya Tulzapurkar, Dhirajlal Ambelal Desai, and Raghunandan Swarup Pathak.Less
This chapter describes the Beg Court of 1977–8. The next-in-line to follow Ray as CJI was H.R. Khanna but it was no surprise, just hours before Ray’s retirement on 28 January 1977, the government announced that M.H. Beg, the second most senior associate judge, was to be the fifteenth CJI. The supersession of Khanna was one of Indira Gandhi’s last major acts during her first regime. Beg had been a loyal soldier as an associate judge and had supported the government in Kesavananda and Habeas Corpus. In the second month of Beg’s stewardship, Mrs Gandhi’s government was routed and the Janata coalition took over. The most noteworthy change during the Janata regime concerning SCI appointments was the requirement that the CJI consult his two seniormost colleagues about nominees and apprise the government of their views. His new appointments include Vidyaranya Dattatraya Tulzapurkar, Dhirajlal Ambelal Desai, and Raghunandan Swarup Pathak.
O. Chinnappa Reddy
- Published in print:
- 2010
- Published Online:
- October 2012
- ISBN:
- 9780198066286
- eISBN:
- 9780199081462
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198066286.003.0017
- Subject:
- Law, Constitutional and Administrative Law
Though Golaknath, which denied to Parliament the power to amend the Constitution so as to alter, abridge, or take away any of the fundamental rights guaranteed by Part III of the Indian Constitution ...
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Though Golaknath, which denied to Parliament the power to amend the Constitution so as to alter, abridge, or take away any of the fundamental rights guaranteed by Part III of the Indian Constitution was overruled by Kesavananda Bharati, the political executive found it immediately unacceptable as the Supreme Court reserved to itself the power to pronounce upon the question whether or not an amendment offended the basic structure. When the question of appointing a successor to Chief Justice Sikri arose in 1973, soon after the judgment was pronounced in Kesavananda, three senior judges, Justices Shelat, Grover, and Hegde were superseded and their junior, Justice A. N. Ray, was appointed Chief Justice. The year 1973 was indeed a watershed in the constitutional history of India. The road signposts clearly changed from democracy to authoritarianism. This chapter examines the constitutional amendments adopted in India, the declaration of emergency in the wake of protests against Indira Gandhi's election to Parliament, and the supersession of the three senior judges in relation to the Kesavananda case.Less
Though Golaknath, which denied to Parliament the power to amend the Constitution so as to alter, abridge, or take away any of the fundamental rights guaranteed by Part III of the Indian Constitution was overruled by Kesavananda Bharati, the political executive found it immediately unacceptable as the Supreme Court reserved to itself the power to pronounce upon the question whether or not an amendment offended the basic structure. When the question of appointing a successor to Chief Justice Sikri arose in 1973, soon after the judgment was pronounced in Kesavananda, three senior judges, Justices Shelat, Grover, and Hegde were superseded and their junior, Justice A. N. Ray, was appointed Chief Justice. The year 1973 was indeed a watershed in the constitutional history of India. The road signposts clearly changed from democracy to authoritarianism. This chapter examines the constitutional amendments adopted in India, the declaration of emergency in the wake of protests against Indira Gandhi's election to Parliament, and the supersession of the three senior judges in relation to the Kesavananda case.
A. John Simmons
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780190603489
- eISBN:
- 9780190603502
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190603489.001.0001
- Subject:
- Philosophy, Political Philosophy
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 ...
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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. 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. Part II organizes, explains, and criticizes the full range of extant theories of states’ territorial rights, arguing that a little-appreciated Lockean approach to territorial rights is in fact far better able to meet the principal desiderata for such theories. Part III of the book looks closely at the more property-like territorial rights that states claim—in particular, their claimed rights to control over the natural resources in and around their territories and their claimed rights to control and restrict movement across (including immigration over) their territorial borders.Less
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. 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. Part II organizes, explains, and criticizes the full range of extant theories of states’ territorial rights, arguing that a little-appreciated Lockean approach to territorial rights is in fact far better able to meet the principal desiderata for such theories. Part III of the book looks closely at the more property-like territorial rights that states claim—in particular, their claimed rights to control over the natural resources in and around their territories and their claimed rights to control and restrict movement across (including immigration over) their territorial borders.
Kenneth Stow
- Published in print:
- 2006
- Published Online:
- June 2013
- ISBN:
- 9780804752817
- eISBN:
- 9780804767897
- Item type:
- book
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804752817.001.0001
- Subject:
- Religion, Judaism
This is not a study of “anti-Semitism” or “anti-Judaism.” Instead, this book argues that to anchor claims of supersession, Catholics have viewed Jews as metaphoric—and sometimes not so ...
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This is not a study of “anti-Semitism” or “anti-Judaism.” Instead, this book argues that to anchor claims of supersession, Catholics have viewed Jews as metaphoric—and sometimes not so metaphoric—dogs. The dog has for millennia been the focus of impurity, and Catholicism fosters doctrines of physical purity that go hand in hand with those of ritual purity. The purity is that of the “one loaf” spoken of by St. Paul in Corinthians, which is, at once, the Eucharist and the collective Christian Corpus, the body of the faithful. Paul views this “loaf” as physically corruptible, and as John Chrysostom said at the close of the fourth century, the greatest threat to the loaf's purity are the Jews. They are the dogs who wish to steal the bread that belongs exclusively to the children. Eventually, Jews were said to attack the “loaf” through ritual murder and attempts to defile the Host itself; the victim of ritual murder is identified with the Host, as is common in Catholic martyrdom. Pope Pius IX still spoke of Jewish dogs barking throughout the streets of Rome in 1871. Other Catholic clergy were dismayed. This book is thus as much a study of Catholic doctrinal history as it is a study of Jews.Less
This is not a study of “anti-Semitism” or “anti-Judaism.” Instead, this book argues that to anchor claims of supersession, Catholics have viewed Jews as metaphoric—and sometimes not so metaphoric—dogs. The dog has for millennia been the focus of impurity, and Catholicism fosters doctrines of physical purity that go hand in hand with those of ritual purity. The purity is that of the “one loaf” spoken of by St. Paul in Corinthians, which is, at once, the Eucharist and the collective Christian Corpus, the body of the faithful. Paul views this “loaf” as physically corruptible, and as John Chrysostom said at the close of the fourth century, the greatest threat to the loaf's purity are the Jews. They are the dogs who wish to steal the bread that belongs exclusively to the children. Eventually, Jews were said to attack the “loaf” through ritual murder and attempts to defile the Host itself; the victim of ritual murder is identified with the Host, as is common in Catholic martyrdom. Pope Pius IX still spoke of Jewish dogs barking throughout the streets of Rome in 1871. Other Catholic clergy were dismayed. This book is thus as much a study of Catholic doctrinal history as it is a study of Jews.
Kathy Lavezzo
- Published in print:
- 2016
- Published Online:
- May 2017
- ISBN:
- 9781501703157
- eISBN:
- 9781501706158
- Item type:
- chapter
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9781501703157.003.0002
- Subject:
- Literature, Early and Medieval Literature
This chapter examines the unstable geography of Christian and Jew during the Anglo-Saxon period through an analysis of Bede's Latin exegetical work On the Temple (ca. 729–731) and in Cynewulf's Old ...
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This chapter examines the unstable geography of Christian and Jew during the Anglo-Saxon period through an analysis of Bede's Latin exegetical work On the Temple (ca. 729–731) and in Cynewulf's Old English poem Elene. It takes as its starting point how Bede and Cynewulf tackle a material long associated with Jewish materialism, stone, in comparison with Christian materialism and descibes their accounts of the sepulchral Jew as well as the stony nature of Jews. It also considers how Bede and Cynewulf construct Christianity by asserting its alterity and opposition to an idea of Jewish carnality that draws on and modifies Pauline supersession. The chapter concludes with an assessment of how Bede's and Cynewulf's charged engagements with supersession and “Jewish” places contribute both to our understanding of Anglo-Saxon material culture and to the important role that ideas of the Jew played in such materialisms.Less
This chapter examines the unstable geography of Christian and Jew during the Anglo-Saxon period through an analysis of Bede's Latin exegetical work On the Temple (ca. 729–731) and in Cynewulf's Old English poem Elene. It takes as its starting point how Bede and Cynewulf tackle a material long associated with Jewish materialism, stone, in comparison with Christian materialism and descibes their accounts of the sepulchral Jew as well as the stony nature of Jews. It also considers how Bede and Cynewulf construct Christianity by asserting its alterity and opposition to an idea of Jewish carnality that draws on and modifies Pauline supersession. The chapter concludes with an assessment of how Bede's and Cynewulf's charged engagements with supersession and “Jewish” places contribute both to our understanding of Anglo-Saxon material culture and to the important role that ideas of the Jew played in such materialisms.
Suchindran B.N.
- Published in print:
- 2018
- Published Online:
- August 2019
- ISBN:
- 9780199485079
- eISBN:
- 9780199096992
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199485079.003.0001
- Subject:
- Law, Legal Profession and Ethics
This essay is a critical analysis of the dynamics of executive-judiciary relations in judicial appointments from 1950 to 1973. It serves as a primer for the appointments made to the Supreme Court ...
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This essay is a critical analysis of the dynamics of executive-judiciary relations in judicial appointments from 1950 to 1973. It serves as a primer for the appointments made to the Supreme Court from 1950–73, the supersessions that were apprehended but did not come about, and generally, what weighed with the judges as well as the executive while making appointments in the years immediately after the Constitution came into force. The essay traverses the historical journey of appointments to the Supreme Court from the tenure of the first Chief Justice of India, Justice H.J. Kania, to the appointment of Justice R.S. Sarkaria in 1973. It provides insights, and in some cases, hitherto unknown facts about the factors that prompted the appointment of certain justices to the Court. The essay also documents the gradual incursion that the executive had begun to make in judicial appointments in the latter half of the 1960s.Less
This essay is a critical analysis of the dynamics of executive-judiciary relations in judicial appointments from 1950 to 1973. It serves as a primer for the appointments made to the Supreme Court from 1950–73, the supersessions that were apprehended but did not come about, and generally, what weighed with the judges as well as the executive while making appointments in the years immediately after the Constitution came into force. The essay traverses the historical journey of appointments to the Supreme Court from the tenure of the first Chief Justice of India, Justice H.J. Kania, to the appointment of Justice R.S. Sarkaria in 1973. It provides insights, and in some cases, hitherto unknown facts about the factors that prompted the appointment of certain justices to the Court. The essay also documents the gradual incursion that the executive had begun to make in judicial appointments in the latter half of the 1960s.
Mun’im Sirry
- Published in print:
- 2014
- Published Online:
- May 2014
- ISBN:
- 9780199359363
- eISBN:
- 9780199359387
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199359363.003.0004
- Subject:
- Religion, Islam
This chapter addresses the ambiguity of Qur’ānic attitude to the question of salvation of other religious communities. While in a number of passages (i.e. Q.2:62: 5:48, 69) the Qur’ān seems to ...
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This chapter addresses the ambiguity of Qur’ānic attitude to the question of salvation of other religious communities. While in a number of passages (i.e. Q.2:62: 5:48, 69) the Qur’ān seems to extends the salvific promise to other religions, at least three passages (3:19, 85; 5:3) give the impression that Islam is the only true path to salvation. These passages have often been regarded as having superseded the more positive attitude. This chapter demonstrates that Muslim reformers have not solved the ambivalence through the notion of supersession (naskh). Instead, they explicated the passages differently and understand “al-islām” in those passages in its generic meaning as an “obedience” and “submission” to GodLess
This chapter addresses the ambiguity of Qur’ānic attitude to the question of salvation of other religious communities. While in a number of passages (i.e. Q.2:62: 5:48, 69) the Qur’ān seems to extends the salvific promise to other religions, at least three passages (3:19, 85; 5:3) give the impression that Islam is the only true path to salvation. These passages have often been regarded as having superseded the more positive attitude. This chapter demonstrates that Muslim reformers have not solved the ambivalence through the notion of supersession (naskh). Instead, they explicated the passages differently and understand “al-islām” in those passages in its generic meaning as an “obedience” and “submission” to God
Abhinav Chandrachud
- Published in print:
- 2014
- Published Online:
- June 2014
- ISBN:
- 9780198098560
- eISBN:
- 9780199082971
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198098560.003.0002
- Subject:
- Law, Legal History
This chapter traces the political developments that led to the present system of appointing judges to the Supreme Court of India, under which the five most senior judges of the court (including the ...
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This chapter traces the political developments that led to the present system of appointing judges to the Supreme Court of India, under which the five most senior judges of the court (including the Chief Justice) appoint Supreme Court judges. The chapter begins by analyzing the “seniority norm” on the Supreme Court– its historical origins on the High Courts, and two highly political derogations from the norm which precipitated the court’s subsequent usurpation of the power to appoint judges. This chapter discusses political attempts to tamper with the composition of the judiciary, and the Supreme Court’s responses to these attempts – the three Judges Cases. It is demonstrated that this development, that is, the court’s usurpation of the power to appoint judges, coincided in time with the weakening of political power at the center.Less
This chapter traces the political developments that led to the present system of appointing judges to the Supreme Court of India, under which the five most senior judges of the court (including the Chief Justice) appoint Supreme Court judges. The chapter begins by analyzing the “seniority norm” on the Supreme Court– its historical origins on the High Courts, and two highly political derogations from the norm which precipitated the court’s subsequent usurpation of the power to appoint judges. This chapter discusses political attempts to tamper with the composition of the judiciary, and the Supreme Court’s responses to these attempts – the three Judges Cases. It is demonstrated that this development, that is, the court’s usurpation of the power to appoint judges, coincided in time with the weakening of political power at the center.
Jerusha Tanner Lamptey
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199362783
- eISBN:
- 9780199362806
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199362783.003.0001
- Subject:
- Religion, Islam, Religion and Society
This chapter examines various genres of the historical Islamic discourse on religious difference—including the apologetic, polemical, exegetical, juridical, and Sufi—in an effort to highlight the ...
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This chapter examines various genres of the historical Islamic discourse on religious difference—including the apologetic, polemical, exegetical, juridical, and Sufi—in an effort to highlight the complex and diverse processes of self-identification, boundary creation, and Othering that are woven throughout Islamic history. In these diverse genres, this chapter highlights a number of recurring themes, including the role of divine ontology (e.g., divine oneness and mercy) in assessing the human Other; the depiction of created anthropology (e.g., the status of humans without revelation and the purpose of humanity); the relationship between various revelations and prophets (e.g., issues of taḥrīf, supersession, completion, and the necessity of affirming Muḥammad); and the legal and soteriological explication of Qurʾānic categories (e.g., definition of threshold criteria and internal composition of categories such as īmān, islām, and kufr).Less
This chapter examines various genres of the historical Islamic discourse on religious difference—including the apologetic, polemical, exegetical, juridical, and Sufi—in an effort to highlight the complex and diverse processes of self-identification, boundary creation, and Othering that are woven throughout Islamic history. In these diverse genres, this chapter highlights a number of recurring themes, including the role of divine ontology (e.g., divine oneness and mercy) in assessing the human Other; the depiction of created anthropology (e.g., the status of humans without revelation and the purpose of humanity); the relationship between various revelations and prophets (e.g., issues of taḥrīf, supersession, completion, and the necessity of affirming Muḥammad); and the legal and soteriological explication of Qurʾānic categories (e.g., definition of threshold criteria and internal composition of categories such as īmān, islām, and kufr).
A. John Simmons
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780190603489
- eISBN:
- 9780190603502
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190603489.003.0008
- Subject:
- Philosophy, Political Philosophy
There are several ways in which rights may be lost: by renunciation or “alienation,” through wrongdoing or “forfeiture,” and through “prescription” or the expiration of rights or their expropriation ...
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There are several ways in which rights may be lost: by renunciation or “alienation,” through wrongdoing or “forfeiture,” and through “prescription” or the expiration of rights or their expropriation by competing claimants. One form of prescription is “supersession,” where rights are alleged to “fade away” over time to be replaced by others’ claims of right. Chapter 7 is an in-depth examination of the idea of rights supersession. That idea is centrally employed, but inadequately analyzed, in virtually all theories of territorial rights. The chapter distinguishes from true supersession various related phenomena. It then examines and criticizes all of the familiar arguments in favor of supersession, with special reference to Waldron’s well-known approach. The arguments considered concern “fading bases,” shaky counterfactuals, changing circumstances, and the evolving demands of justice.Less
There are several ways in which rights may be lost: by renunciation or “alienation,” through wrongdoing or “forfeiture,” and through “prescription” or the expiration of rights or their expropriation by competing claimants. One form of prescription is “supersession,” where rights are alleged to “fade away” over time to be replaced by others’ claims of right. Chapter 7 is an in-depth examination of the idea of rights supersession. That idea is centrally employed, but inadequately analyzed, in virtually all theories of territorial rights. The chapter distinguishes from true supersession various related phenomena. It then examines and criticizes all of the familiar arguments in favor of supersession, with special reference to Waldron’s well-known approach. The arguments considered concern “fading bases,” shaky counterfactuals, changing circumstances, and the evolving demands of justice.
Brad S. Gregory
- Published in print:
- 2016
- Published Online:
- June 2016
- ISBN:
- 9780190267070
- eISBN:
- 9780190267100
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190267070.003.0009
- Subject:
- Religion, History of Christianity
This Enlightenment’s concept of God was shaped by the legacy of the Reformation era. It was also shaped by certain medieval philosophical assumptions. Those assumptions have remained influential ...
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This Enlightenment’s concept of God was shaped by the legacy of the Reformation era. It was also shaped by certain medieval philosophical assumptions. Those assumptions have remained influential since the eighteenth century. They are particularly influential in common modern claims about the stadial supersession of revealed religion and about the disenchantment of the world born of modern science. The Enlightenment’s philosophical discourse about God is part of a longer historical trajectory, one that begins long before the seventeenth century and extends well beyond the eighteenth.Less
This Enlightenment’s concept of God was shaped by the legacy of the Reformation era. It was also shaped by certain medieval philosophical assumptions. Those assumptions have remained influential since the eighteenth century. They are particularly influential in common modern claims about the stadial supersession of revealed religion and about the disenchantment of the world born of modern science. The Enlightenment’s philosophical discourse about God is part of a longer historical trajectory, one that begins long before the seventeenth century and extends well beyond the eighteenth.
A. John Simmons
- Published in print:
- 2015
- Published Online:
- August 2015
- ISBN:
- 9780199669530
- eISBN:
- 9780191749377
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199669530.003.0007
- Subject:
- Philosophy, Political Philosophy, Moral Philosophy
This chapter explores the possible moral justifications for states’ claimed rights to exclusive control over particular geographical territories. Concentrating primarily on claimed rights of ...
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This chapter explores the possible moral justifications for states’ claimed rights to exclusive control over particular geographical territories. Concentrating primarily on claimed rights of territorial jurisdiction, it examines various functionalist, nationalist, and voluntarist justificatory strategies. The chapter argues that functionalist, nationalist, and majoritarian voluntarist approaches, along with hybrid theories based on them, all fall prey to powerful objections. These objections appeal to historical, rather than structural, features of states and concern primarily problems involving trapped minority populations and the implied rapid supersession of individual rights. The chapter defends as an alternative an individualist Lockean voluntarism, arguing that it both avoids objections based on clear historical wrongs and offers the most intuitively plausible account of states’ territorial rights.Less
This chapter explores the possible moral justifications for states’ claimed rights to exclusive control over particular geographical territories. Concentrating primarily on claimed rights of territorial jurisdiction, it examines various functionalist, nationalist, and voluntarist justificatory strategies. The chapter argues that functionalist, nationalist, and majoritarian voluntarist approaches, along with hybrid theories based on them, all fall prey to powerful objections. These objections appeal to historical, rather than structural, features of states and concern primarily problems involving trapped minority populations and the implied rapid supersession of individual rights. The chapter defends as an alternative an individualist Lockean voluntarism, arguing that it both avoids objections based on clear historical wrongs and offers the most intuitively plausible account of states’ territorial rights.
