We defend the moral and legal right to secede in accordance with plebiscitary theory. Our paper has three main goals. First, by offering a schematic characterization of plebiscitary theory, the main arguments in its favour (and the main objections to them), we contribute to clarify the structure of this complex debate. Second, we stress the point that, if the moral right to secede is established, the resistance for its inclusion into positive law is unjustified. Finally, by addressing old and new (...) objections to plebiscitary theory, we hope to make a compelling case for a wider recognition of secessionist rights. (shrink)

This paper addresses the justice of national self-determination claims and defends a right to self-determination rendered as both a primary right, meaning that it does not require grievances or injustices, and a prima facie right, meaning that it is defeasible by the presence of injustices or the prospect of baneful consequences. The paper’s distinct contribution lies in the ground of this right, arguing that autonomy is not alone sufficient and that a better grounding can be found in a common civic (...) life, understood as a species of the basic good of interpersonal harmony. This basic good, and the norm of self-determination that protects it, rest on the foundation of natural law. The paper manifests the collection’s focus on liberty and security by exploring the claims for liberty proffered by a group desiring collective political autonomy, claims that bear upon the security of the group’s members, the security and liberty of minorities and of people liable to be subjected to illiberal practices, and the security of all who would experience war and violence in conflicts over self-determination. (shrink)

Journal of Social Philosophy, Volume 53, Issue 3, Page 421-440, Fall 2022.

Politics is about managing conflict, about how we should live together. Many traditions of thought and political thinkers have nonetheless taken this shared space of conflict, this we the people, as a given. The people is considered as a necessary precondition for politics. What happens when a part of this we disagrees with that? When, for some, this shared community is not taken as a given and claim their right to secede and build their own independent political community. Such claims (...) bear on the fundamental questions: who is the “ demos ”? who are the people entitled to self-government?’. (shrink)

Republican theorists have paid little attention to the normative problems of secession conflicts. So far, there is no such thing as a democratic republican theory of right of secession ; nor any comprehensive analysis of current TRS has ever been undertaken from a democratic republican point of view. This article tries to fill this second gap as a first step in order to fill that first one. In doing so, it shows how secession conflicts pose threats for two core democratic (...) republican values: freedom and inclusion. The threats are, concretely, those of exclusion, blackmailing minorities, arbitrary permanent majorities, and instability. The article also shows how, due to their respective pro-unionist or pro-secessionist biases, no current TRS seems to be able to handle those threats; and briefly outlines how a democratic republican TRS, based on a non-unilateralist logic, could be developed. (shrink)