A Lockean Theory of Territory

Nine, Cara

doi:10.1093/acprof:oso/9780199580217.003.0005

Cited by 21 publications

(35 citation statements)

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“…Law, curiously, seems to be attached to terrain rather than to land, as does the more strategic and active dimensions of territory (cf. Nine, 2008).…”

Section: Into the Territory Of Propertymentioning

confidence: 99%

The territory of property

Blomley

2016

Progress in Human Geography

144

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The pervasive and important territorial dimensions of property are understudied, given the tendency to view territory through the lens of the state. Viewing both property and territory as relational and mutually recursive, I introduce the practical work of property's territory, the historical moment in which it was produced, the powerful metaphors that work through it, and the habits and everyday practices it induces. The territory of property, I suggest, has a specificity, a presence, and a consequentiality, all of which demand our attention.Territory must be approached politically in its historical, geographical and conceptual specificity. (Elden, 2010: 812)

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“…Law, curiously, seems to be attached to terrain rather than to land, as does the more strategic and active dimensions of territory (cf. Nine, 2008).…”

Section: Into the Territory Of Propertymentioning

confidence: 99%

The territory of property

Blomley

2016

Progress in Human Geography

144

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“…This could be seen as an opportunity to bring Arendt into conversation with current scholarship addressing the difficult relationship between peoples and territorial right (e.g. Espejo, 2014;Miller, 2012;Nine, 2008;Stilz, 2011;Ypi, 2012).…”

Section: Arendt On Nomos and Lexmentioning

confidence: 99%

Hannah Arendt reads Carl Schmitt’s The Nomos of the Earth: A dialogue on law and geopolitics from the margins

Jurkevics

2015

European Journal of Political Theory

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Many studies have deduced subterranean dialogues between Hannah Arendt and Carl Schmitt from indirect evidence. This article uses new evidence from marginalia in Arendt's copy of Nomos of the Earth and finds that she formed, but never published, an incisive critique of Schmitt's geopolitics. Through an analysis of Arendt's comments on the topics of soil, conquest, and contract, I show that Arendt deemed Schmitt's theory to be imperialist and in contradiction with itself. Her reading of Schmitt prompts important new questions regarding the scholarly use of Schmitt's conception of nomos as a tool of critique against American empire in the post-9/11 era. The marginalia also suggests, against past scholarship, that Arendt thought justice should play a central role in politics. I propose that we look to Arendt's own conception of nomos, which she developed later, in order to form an alternative geopolitics. Because of her focus on intersubjective world-building, Arendt's nomos embraces contract and promise-making, and thus provides the foundation for a theory of geopolitics and law that is as necessarily democratic as Schmitt's is violent.

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“…7 Roughly, one can distinguish between two broad camps of theories in the literature on resource rights, namely, those which focus primarily on the various dimensions of resource rights, that is, the specific rights and rules which regulate resource access and extraction/use, and those which focus on the aspect of just acquisition and legitimate ownership. While the former camp sees resource rights as a bundle of rights framed by the jurisdictional rights of states and other political communities (Schlager and Ostrom 1992), the latter camp applies acquisition theories familiar from the property rights literature to the case of natural resources (Mazor 2009;Nine 2008Nine , 2010.…”

Section: Some Preliminary Observationsmentioning

confidence: 99%

“…Resources are thus seen as virtually god-given stuff, which just needs to be distributed in accordance with some justification of property ownership. In other words, while there exist highly interesting discussions about Lockean provisos (Mazor 2009(Mazor , 2010Nine 2008Nine , 2010 and resource egalitarianism (Steiner 1998), the work done in this area does little to help us deal with the various forms natural resources can take and acknowledge the complex workings of resource formation through ecosystem services. Moreover, the existing literature fails to adequately differentiate between the resources an organism needs for its survival and resources which seem of lower importance.…”

Section: Some Preliminary Observationsmentioning

confidence: 99%

Reconsidering resource rights: the case for a basic right to the benefits of life-sustaining ecosystem services

Schuppert

2012

Journal of Global Ethics

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To cite this article: Fabian Schuppert (2012) Reconsidering resource rights: the case for a basic right to the benefits of life-sustaining ecosystem services, Journal of Global Ethics,[215][216][217][218][219][220][221][222][223][224][225] In the presence of anthropogenic climate change, gross environmental degradation, and mass abject poverty, many political theorists currently debate issues such as people's right to water, the right to food, and the distribution of rights to natural resources more generally. However, thus far many theorists either focus (somewhat arbitrarily) only on one particular resource (e.g. water) or they treat all natural resources alike, meaning that many relevant distinctions within the group of natural resources are overlooked. Hence, the paper will start with an analysis of the various forms which natural resources can take and how this might influence one's conception of resource rights. In so doing, the paper argues that we have to carefully distinguish between the actual physical resources people might control and how we distribute these, and the life-sustaining benefits each and every person draws from sustainable and functioning ecosystems. Based on this distinction, the paper will argue for a right to the benefits of life-sustaining ecosystem services as a universal basic right every person has. Further distributive claims with respect to particular physical resources would thus be limited by the requirements of such a basic right.

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A Lockean Theory of Territory

Cited by 21 publications

References 0 publications

The territory of property

The territory of property

Hannah Arendt reads Carl Schmitt’s The Nomos of the Earth: A dialogue on law and geopolitics from the margins

Reconsidering resource rights: the case for a basic right to the benefits of life-sustaining ecosystem services

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