Nations, States, and Territory*

@article{Stilz2011NationsSA,
  title={Nations, States, and Territory*},
  author={Anna Stilz},
  journal={Ethics},
  year={2011},
  volume={121},
  pages={572 - 601}
}
  • A. Stilz
  • Published 1 April 2011
  • Sociology, Law
  • Ethics
Nationalists hold that the state derives its territorial rights from the prior claim of a cultural nation to territory. This article develops an alternative account: the legitimate state theory. This view holds that a state has rights to territory if it meets the following four conditions: (a) it effectively implements a system of law regulating property in that territory; (b) its subjects have a legitimate claim to occupy the territory; (c) the state’s system of law “rules in the name of the… 

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References

SHOWING 1-6 OF 6 REFERENCES

National Responsibility and Global Justice

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one

Rawls’s political ontology

The background thesis is that an implicit ontology of the people and the relation between the people and the state often shapes how we think in normative terms about politics. This article attempts

The limits of nationalism

Introduction 1. Nationalist ideologies - a normative typology 2. The liberal foundations of cultural nationalism 3. National self-determination 4. Historical rights and homelands 5. Nationalism and

A Concise History of Poland

Preface Note on Polish pronunciation List of illustrations List of maps Part I. Poland to 1795: 1. Piast Poland, ?-1385 2. Jagiellonian Poland, 1385-1572 3. The commonwealth of the two nations,

God's playground : a history of Poland

Maps and Diagrams Illustrations Notes on the Illustrations Chronology I. Introduction: The Origins to 1572 1. Millenium: A Thousand Years of History (Historiography)2. Polska: The Polish Land

A Theory of Secession