What I refer to here as the dilemma of authority arises when one ought to defer to authority; one ought to act as the more weighty reason demands; one can do either; one cannot do both. For those who reject the possibility of legitimate authority, the dilemma does not arise. Among those who accept legitimate authority, some, including Joseph Raz, presume the conflict can be resolved without remainder. In this paper, I argue that, in a moral conflict of this kind, (...) when one of the reasons for action is defeated but not cancelled, it is rational to feel regret for failing to do what one ought to do. (shrink)

This article argues against privileging the expectations of settlers over those of dispossessed peoples. I assume in this article that historical rights to occupancy do not persist through all changes in circumstances, but a theory of justice should reduce perverse incentives to unjustly settle on land in hopes of legitimating occupancy. Margaret Moore, in her 2015 book, A Political Theory of Territory, tries to balance these intuitions through an argument based on legitimate expectations. I argue that Moore’s attempt to reduce (...) perverse incentives (through expectation-altering institutional design) fails. Moore unduly privileges settler expectations, especially over those of indigenous peoples. I criticize United States court decisions resurrecting the expectations of past settlers in the allotment era (which share structural features with Moore’s arguments). Lastly, distinguishing between ‘final’ supersession of historical injustice through changing circumstances, and ‘dormant’ supersession, shows how indigenous claims to land and jurisdiction may revive. (shrink)