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Territoriality. Edition No. 1
VDM Publishing House, June 2009, Pages: 196
In Territoriality, Mario Pascalev explores the
question: What is the ground of legitimate state
jurisdiction over territory? Accounts of state are
mainly concerned with the bonds of obligation
between a state and its members. However, many
individuals are bound by the commands of a state
without being its members, hence the
notion of territorial authority. Territoriality is
examined relative to concepts like
sovereignty, citizenship, secession,
self-determination, immigration and refugeehood. The
author first surveys collectivist and organic
theories, such as those of Hobbes and Herder. He
then reviews individualist approaches basing
territoriality in private property (Locke),
individual well-being (Rawls), consent (Beran), and
place (Walzer). The flaws of the received accounts
of territoriality are demonstrated at length. In the
final part, Pascalev develops the novel home
theory of territory. A state’s jurisdiction over
territory stems from its residents’ right to home.
To support his theory the author examines the unique
harms suffered by refugees. Further, the right to
home is supported by its importance for personal
identity.
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