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Do territorial rights include the right to exclude?

Author

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  • Cara Nine

    (University College Cork, Ireland)

Abstract

Do territorial rights include the right to exclude? This claim is often assumed to be true in territorial rights theory. And if this claim is justified, a state may have a prima facie right to unilaterally exclude aliens from state territory. But is this claim justifiable? I examine the version of territorial rights that has the most compelling story to support the right to exclude: territorial rights as a kind of property right, where ‘territory’ refers to the public and common spaces included in the domain of state jurisdiction. I analyse the work of A. J. Simmons, who develops the political theory of John Locke into one of the most well-articulated and defended theories of territorial rights as a kind of property right. My main argument is that Simmons’ justification for rights of exclusion, which are derived from individual rights of self-government, does not apply to many kinds of public spaces. An upshot of this analysis is that most Lockean-based theories of territorial rights will have a hard time justifying the right to exclude as a prima facie right held by states against aliens.

Suggested Citation

  • Cara Nine, 2019. "Do territorial rights include the right to exclude?," Politics, Philosophy & Economics, , vol. 18(4), pages 307-322, November.
    • Handle: RePEc:sae:pophec:v:18:y:2019:i:4:p:307-322
    DOI: 10.1177/1470594X18788345
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    References listed on IDEAS

    as
    1. Cara Nine, 2008. "A Lockean Theory of Territory," Political Studies, Political Studies Association, vol. 56, pages 148-165, March.
    2. Cara Nine, 2008. "A Lockean Theory of Territory," Political Studies, Political Studies Association, vol. 56(1), pages 148-165, March.
    3. Bas Van der Vossen, 2015. "Locke on Territorial Rights," Political Studies, Political Studies Association, vol. 63(3), pages 713-728, August.
    4. David Miller, 2012. "Territorial Rights: Concept and Justification," Political Studies, Political Studies Association, vol. 60(2), pages 252-268, June.
    5. Hillel Steiner, 2008. "May Lockean Doughnuts Have Holes? The Geometry of Territorial Jurisdiction: A Response to Nine," Political Studies, Political Studies Association, vol. 56, pages 949-956, December.
    6. Hillel Steiner, 2008. "May Lockean Doughnuts Have Holes? The Geometry of Territorial Jurisdiction: A Response to Nine," Political Studies, Political Studies Association, vol. 56(4), pages 949-956, December.
    Full references (including those not matched with items on IDEAS)

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