This important study, the first book-length treatment of an increasingly crucial topic, treats the moral issues of secession at two levels. At the practical level, Professor Buchanan develops a coherent theory of the conditions under which secession is morally justifiable. He then applies it to historical and contemporary examples, including the U.S. Civil War and more recent events in Bangladesh, Katanga, and Biafra, the Baltic states, South Africa, and Quebec. This is the first systematic account of the conditions and terms (...) that justify secession from a political union.But Buchanan also locates this account of the right to secede in the broader context of contemporary political thought, introducing readers to influential accounts of political society such as contractarianism and communitarianism, and showing how the possibility of secession fits into a more complete understanding of political community and political obligation.At both levels this is an important book. It will interest not just political and social theorists but any reader concerned with one of the most momentous issues of our day: the future of troubled political federations and other states under conditions of ethnic and cultural pluralism. (shrink)

According to republican theory, we are free persons to the extent that we are protected and secured in the same fundamental choices, on the same public basis, as one another. But there is no public protection or security without a coercive state. Does this mean that any freedom we enjoy is a superficial good that presupposes a deeper, political form of subjection? Philip Pettit addresses this crucial question in On the People's Terms. He argues that state coercion will not involve (...) individual subjection or domination insofar as we enjoy an equally shared form of control over those in power. This claim may seem utopian but it is supported by a realistic model of the institutions that might establish such democratic control. Beginning with a fresh articulation of republican ideas, Pettit develops a highly original account of the rationale of democracy, breathing new life into democratic theory. (shrink)

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace among states, (...) a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the "national interest." He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. (shrink)

This is the first full-length presentation of a republican alternative to the liberal and communitarian theories that have dominated political philosophy in recent years. The latest addition to the acclaimed Oxford Political Theory series, Pettit's eloquent and compelling account opens with an examination of the traditional republican conception of freedom as non-domination, contrasting this with established negative and positive views of liberty. The first part of the book traces the rise and decline of this conception, displays its many attractions, and (...) makes a case for why it should still be regarded as a central political ideal. The second part of the book looks at what the implementation of the ideal would imply for substantive policy-making, constitutional and democratic design, regulatory control and the relation between state and civil society. Prominent in this account is a novel concept of democracy, under which government is exposed to systematic contestation, and a vision of relations between state and society founded upon civility and trust. Pettit's powerful and insightful new work offers not only a unified, theoretical overview of the many strands of republican ideas, but also a new and sophisticated perspective on studies in related fields including the history of ideas, jurisprudence, and criminology. (shrink)

This chapter argues that just‐cause theories of secession are superior to nationalist and choice rivals because only it represents a reasonable institutional response to secessionist politics. It also examines the possibilities for a secession clause within domestic constitutions.

First published in 2005, A Theory of Secession: The Case for Political Self-Determination offers an unapologetic defense of the right to secede. Christopher Heath Wellman argues that any group has a moral right to secede as long as its political divorce will leave it and the remainder state in a position to perform the requisite political functions. He explains that there is nothing contradictory about valuing legitimate states, while permitting their division. Once political states are recognized as valuable because of (...) the functions that they are uniquely suited to perform, it becomes apparent that the territorial boundaries of existing states might permissably be redrawn as long as neither the process, nor the result of this reconfiguration, interrupts the production of the crucial political benefits. Thus, if one values self-determination, then one has good reason to conclude that people have a right to determine their political boundaries. (shrink)

This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of Government’. It offers a conceptual analysis of territory and the various rights associated with territory. According to Locke, territorial right is established through the subjection, by free consent, of persons and their land to state authority. This theory is found to rest on a number of flawed assumptions, among them claims to natural rights (...) of property and an obvious link between private property and territorial jurisdiction. Cara Nine draws on Lockean principles to claim that a state is a collective that, like individuals, owns property, namely the territory of the state. After examining the historical antecedents of such ideas, the chapter points away from them and towards accounts of territory based on individual and collective claims of rights. (shrink)

Margaret Moore offers a comprehensive normative theory of territory.

The secession issue appears to many contemporary thinkers to reveal a fatal flaw in the idea of national self-determination. The question is whether national minorities who come to want to be politically self determining should be allowed to separate from the parent state and form one of their own. Here the idea of national self-determination may lead us in one of two opposing directions. If the minority group in question regards itself as a separate nation, then the principle seems to (...) support its claims: if the Québécois or the Catalans come to think of themselves as having national identities distinct from those of the Canadians or the Spanish, and to seek political independence on that basis, then if we are committed to national self-determination we should support their claims. But we then face the challenge that once national identities begin to proliferate there is no feasible way of satisfying all such claims, given elementary facts of geography and population spread. (shrink)

This article examines the conflict between people's associative duties and their wider obligations of global justice. After clarifying the nature of associative duties, it defends the view that such duties may be civic in nature: obtaining between citizens, not just friends and families. Samuel Scheffler's 'distributive objection' to civic associative duties is then presented in the context of global distributive injustice. Three solutions to the objection are considered. One is that the distributive objection is more a philosophical puzzle than a (...) practical problem because of the means by which global justice would be achieved. This is only partially correct. The second reply is that associative duties are additional to citizens' more cosmopolitan duties. This reply loses its purchase if global justice is conceived of in comparative terms. The third reply claims that associative duties are justified by genuine values and do not disappear even when over-ridden by more weighty moral concerns. While in practice, our duties to engineer global justice are likely to over-ride our associative duties in the near future, in ideal circumstances the two kinds of duties can co-exist. (shrink)

Current discussion of the normative issues surrounding secession is both helped and hindered by the existence of but one philosophic treatment of these issues sufficiently systematic and comprehensive to qualify as a theory of secession - Allen Buchanan’s. He provides the unique focal point, and so simplifies the task of those who seek to begin from the present state of the art. But in providing the unique focal point, Buchanan complicates the task of those who view, or think they view, (...) secession rather differently than he does. He defends ’a moral right to secede’ but a very qualified right, focusing on state-perpetrated injustice, the preservation of group culture and, in extreme cases, the literal survival of group members. And Buchanan further insists that where preservation of group culture is at stake, ’Neither the state nor any third party has a valid claim to the seceding territory’ -or such a claim is waived so that ’secession in order to preserve a culture is permissible if both parties consent to it’- a condition that he thinks may come to apply to the situation of Quebec. (shrink)

This article adopts the framework set out in ‘Associative Political Obligations’ to ask two further questions about the theory of associative political obligation. (i) Which of the different interpretations of the theory of associative political obligation is most plausible? And (ii) what would be the implications of such a view? It is argued that (i) the most attractive version of the argument is one according to which such obligations obtain only in morally acceptable communities, and only between what may be (...) called ‘thick’ members. And (ii) that such a theory should give up on at least some of the conclusions that associativist theorists have tried to defend, such as that associative political obligations can establish the legitimacy of states. However, it is also suggested that this should not be considered a regrettable retreat. (shrink)

This study builds on the work of contemporary civic republicans, supplying a detailed analysis of the concept of domination absent in the familiar accounts of political freedom as non-domination.

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the popularity of (...) backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

The secession of prosperous regions may negatively affect the redistributive scheme of an established state. As a consequence, the capacity of its welfare system to support the inhabitants of poorer regions may be significantly reduced. Some authors assert that affluent groups who opt for full political independence violate duties of solidarity. This objection to the secession of prosperous regions can be based on different views of distributive justice. Here, following a distinction that has been introduced by Allen Buchanan, ‘subject centred’ (...) and ‘justice as reciprocity’ theories are explored. It is argued that both theories fail to support the case against the secession of wealthy groups. ‘Subject centred’ theories cannot explain special duties toward compatriots, whereas ‘justice as reciprocity’ theories cannot justify restrictions on exit rights. However, this does not mean that separatists have no moral duties vis-à-vis their fellow citizens. They are obliged to dissolve the political union in a fair way, e.g., by accepting responsibility for some share of the public debts. (shrink)

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral (...) right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants. (shrink)

Because secession centrally involves taking away a territory, a successful normative theory of secession must give a credible account of when a seceding group has a valid territorial claim. One of the most prominent types of normative theory of secession is remedial theories of secession. I argue that while remedial theories address the question of territorial justification, they fail to do so adequately, because their account is both arbitrary and internally inconsistent. I argue that addressing the question of territorial justification (...) non-arbitrarily and consistently requires adopting a broader and morally more plausible conception of justice than that on which remedial theories explicitly rely; and I show that this broader conception of justice is implicit in remedial theories’ account of territorial justification. Recognizing this, however, has significant implications for remedial theories, as it considerably broadens the scope of valid territorial claims, and hence of valid secessionist claims. (shrink)