Most treatments of territorial rights include a discussion (and rejection) of Locke. There is a remarkable consensus about what Locke’s views were. For him, states obtain territorial rights as the result of partial transfers of people’s property rights. In this article, I reject this reading. I argue that (a) for Locke, transfers of property rights were neither necessary nor sufficient for territorial rights and that (b) Locke in fact held a two-part theory of territorial rights. I support this reading by (...) appealing to textual and contextual evidence. I conclude by drawing a lesson from Locke’s views for current debates on territorial rights. (shrink)

The debate over Locke’s theory of slavery has focused on his involvement with the Royal African Company and other institutions of African slavery, as well as his rhetorical use of slavery in opposing absolutism. This overlooks Locke’s deep involvement with the Carolina colony, and in particular that colony’s Indian slave trade, which was largely justified in just-war terms. Evidence of Locke’s participation in the 1682 revisions to the Fundamental Constitutions of Carolina, which removed the infamous “absolute power and authority” clause, (...) and his knowledge of colonial affairs, when examined alongside textual evidence of the timing of the composition of Locke’s theory of slavery, indicates a significant connection between the colony and Locke’s work. In light of this evidence, this article suggests an interpretation of Locke’s theory that stresses its character as a response to the conditions he encountered in Carolina. (shrink)

Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.3 (2002) 425-446 [Access article in PDF] Giving Orders: Theory and Practice in the Fundamental Constitutions of Carolina Vicki Hsueh Indians. Of Edisto Ashapo and Combohe to the South our friends. Of Wando Ituan Sewee and Sehey to the north came to our assistance and were zealous and resolute in it 1000 bowmen In our want supplied us. Q. Spaniards. What we shall (...) doe to the Spaniards if we invade them we brake the peace, if we sit still we loose our reputation with the Indians our friends. Westoes. Inland man eaters. Country. To the northward more sickly, about Ashley River fertile and of a wonderful growth. Tatchequea. A very fruitfull Country 8. days jorney by the North west the Emperor our friend and enemy to the Westoes and to hard for them. Q. Settlem't. 500 people will secure the settlement 1000 perfect it. desires supplys of necessarys till that time Excerpt from Carolina Memoranda in the handwriting of John Locke, Esq., 15 September 1670 Within the last decade, scholars such as James Tully, Barbara Arneil, and Bhikhu Parekh have performed a crucial intervention on modern constitu-tionalism's behalf. 1 Not only has constitutionalism in the modern age been [End Page 425] plagued by assumptions of cultural uniformity and an on-going inability to adjudicate between competing cultural claims, but it has been unable effectively to diagnose those limitations and dilemmas. The root of the problem, James Tully suggests, is ultimately a matter of historical perspective. "[T]he tendency," he writes, "is not to notice the philosophical and ideological debates over the last three hundred years... only the result of these debates is seen—the victorious modern language of constitutional uniformity—and claims for recognition are viewed through its framework as if it were impartial and universal." 2 In response Tully and others have sought to tackle this predicament at its historical root. Identifying modern constitutionalism's colonial origins as a significant part of the problem, their studies address the development of constitutionalism and colonialism as an entwined phenomenon in the early modern period, focusing particularly on the British-American context. In this sense, Locke's Two Treatises of Government stands as an exemplary illustration of the period's entangled colonial and constitutional temperaments. Well-known for its influential articulation of compact and resistance, the Two Treatises, Barbara Arneil argues "were written as a defence of England's colonial policy in the new world against the sceptics in England and the counter-claims of both the aboriginal nations and other European powers in America." 3 Accordingly, present-day constitutionalism continues to bear the weighty legacy of those colonial rationales. "[T]he language of modern constitutionalism," Tully further explains, "which has come to be authoritative was designed to exclude or assimilate cultural diversity and justify uniformity. The design is difficult to see because this 'modern' language has become the customary way of thinking about, reflecting on and envisioning a just constitutional order." Ultimately, Tully submits, citing Wittgenstein, "A picture held us captive. And we could not get outside it, for it lay in our language and language seemed to repeat it to us inexorably." 4This much-needed thickening of constitutionalism's historical context has enriched our awareness of constitutionalism's vexed origins, as it has proffered potent tools for interrogating current cultural adjudication. Yet, a troubling predicament persists. As if caught within the tenacious grip of the language of modern constitutionalism, Tully, Arneil, and Parekh insistently portray seventeenth-century British-American colonialism solely as a straightforward process of appropriation and assimilation without addressing or incorporating the [End Page 426] complex and contingent elements of that history in its emergence. Lacking the various negotiations and accommodations between settler and indigene in ambition and actualization, their portrayals crucially underplay the dynamic relationship between theories of constitutionalism and practices of colonialism—an approach that ultimately serves to reinscribe the narrative of triumphalist progress within their critiques. 5This problematic is the context for my reading of the Fundamental Constitutions of Carolina,1669... (shrink)

It is commonly assumed that Indigenous nations had neither sovereignty in international law nor title to their territories when Europeans first arrived in North America. Thus the continent was legally vacant and European powers could gain title to it simply by such acts as discovery, symbolic acts, or occupation, or by concluding treaties among themselves. This paper argues that this viewpoint is misguided and cannot be justified either by reference to positive international law or to basic principles of justice. To (...) the contrary, Indigenous American nations were sovereign entities holding exclusive title to their territories at the time of European contact, and they participated actively in the formation of Canada and the United States. This fact requires us to rewrite our constitutional histories and reconsider the current status of Indigenous nations. (shrink)

Injustices of the past cast a shadow on the present. They are the root cause of much harm, the source of enmity, and increasingly in recent times, the focus of demands for reparation. In this groundbreaking philosophical investigation, Janna Thompson examines the problems raised by reparative demands and puts forward a theory of reparation for historical injustices. The book argues that the problems posed by historical injustices are best resolved by a reconciliatory view of reparative justice and an approach that (...) explains how people acquire intergenerational responsibilities and entitlements. It ranges in its subject matter from the claims of indigenous people to land stolen from their ancestors to the growing movement for reparations for slavery. The book provides an original and convincing answer to the questions of how citizens can have reparative responsibilities for wrongs committed before they were born, and why descendants of victims may be entitled to compensation for historical injustices such as slavery. It also explains how members of nations can make recompense for injustices of the past without ignoring the inequities of the present.Taking Responsibility for the Past is a significant contribution to philosophical and legal debates about reparative justice, and at the same time an accessible and thought-provoking book for general readers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Classical Rhetoric and the Promotion of the New WorldAndrew FitzmauriceFor many years historians have characterized the relation between the Old World and the New as an encounter in which the New was assimilated to the Old. There is a striking uniformity in the reasons given for this process. It is argued that in their “discovery” the Europeans encountered a world which was radically different from their own and for (...) which they did not possess the concepts to provide a true account. The only available descriptive tools were the categories of European experience. I shall argue that this historical characterization is unsupported by the first English representations of the New World. While it is true that the New World was represented in terms familiar to English audiences, the reason for this translation was dramatically different from that given by historians. The process of conversion to Old World values arises not from an epistemic shock but from the psychology of persuasion found in classical and humanist rhetoric.The purpose of this essay is not to superimpose a new model for under-standing the interaction between Europe and the New World but rather to contribute to recent challenges to precisely the idea that there was a collective European “response” to the New World. Historians who have stressed that the translation of the new into the familiar was imposed by the limits of the European episteme have based these interpretations largely upon accounts of the Spanish conquest, ethnography, and natural history. It has recently been stressed that Europeans differed on the basis of their nationality in their understanding of the issues raised by the conquest of the New World. 1 In this paper I shall argue that the genre of intellectual engagement was equally important to that understanding. [End Page 221]In his seminal lectures The Old World and the New J. H. Elliott compares the Europeans’ discovery of the New World with the response of the Chinese of the T’ang dynasty to the conquest of Nam Viet. Like the Europeans, the “minds and imaginations” of the Chinese “were preconditioned, so that they saw what they expected to see, and ignored or rejected those features of life in the southern lands for which they were mentally unprepared.” 2 Elliott is careful to observe that “what Europeans saw” on the “far side of the Atlantic” inevitably would “depend on the kind of Europeans involved.” 3 From the example of the Chinese experience of Nam Viet, however, he suggests that Europeans shared in a process through which the New World was assimilated, and he argues that this was epistemic: “it may well be that the human mind has an inherent need to fall back on the familiar object and the standard image, in order to come to terms with the shock of the unfamiliar.” 4Stephen Greenblatt has described this process as rhetorical. He stresses that Europeans possessed “many different and conflicting ways of seeing and describing the world” but claims that “the variety is not infinite,” arguing that Europeans shared “a lumbering, jerry built, but immensely powerful mimetic machinery.” 5 “Wonder,” he argues, is “the central figure in the initial European response to the New World, the decisive emotional and intellectual experience in the presence of radical difference.” 6 For Greenblatt the rhetorical process by which wonder reifies and appropriates the alien arises from an epistemic crisis; that is, wonder is provoked by the “presence of radical difference.” 7 [End Page 222]Underlying many of these accounts, as Mary Fuller has recently observed, is the sense of a New World outside language, a sense that “there is something self-evident, unambiguous, unified on the other side of language.” 8 Fuller explores the rhetoric of New World narratives by demonstrating that this referent is always absent and that the “other” is inside language.For the majority of authors writing in English about the New World, however, it is not the presence or absence of the “other” that produces their conversion of the alien to the familiar. Most Elizabethan and Jacobean tracts concerning the New World were promotional: their mode was persuasion. The tracts were written in terms of the classical and humanist art... (shrink)

Recent scholarship on John Locke's "Two Treatises of Government" has drawn particular attention to the colonial antecedents and applications of the theory of appropriation in chapter V of the Second Treatise. This attention has coincided with a more general interest among political theorists in the historical and theoretical relationship between liberalism and colonialism. This essay reviews the surviving evidence for Locke's knowledge of the Carolina colony and argues that it was both more extensive and more enduring than previous commentators have (...) suggested. In particular, the essay provides evidence that Locke was engaged in revising the Fundamental Constitutions of Carolina at just the moment in the summer of 1682 when he was most likely to have composed chapter V of the Second Treatise and hence that there was an immediate and identifiable colonial context that contributed to his distinctive theory of property. (shrink)

This essay systematically reformulates an earlier argument about Locke and new world slavery, adding attention to Indians, natural law, and Locke's reception. Locke followed Grotian natural law in constructing a just-war theory of slavery. Unlike Grotius, though, he severely restricted the theory, making it inapplicable to America. It only fit resistance to “absolute power” in Stuart England. Locke was nonetheless an agent of British colonialism who issued instructions governing slavery. Yet they do not inform his theory—or vice versa. This creates (...) hermeneutical problems and raises charges of racism. If Locke deserves the epithet “racist,” it is not for his having a racial doctrine justifying slavery. None of this makes for a flattering portrait. Locke's reputation as the champion of liberty would not survive the contradictions in which new world slavery ensnared him. Evidence for this may be found in Locke's reception, including by Southern apologists for slavery. (shrink)

An approach to political philosophy: Locke in contexts brings together Professor Tully's most important and innovative statements on Locke in a treatment of the latter's thought that is at once contextual and critical. The essays have been rewritten and expanded for this volume, and each seeks to understand a theme of Locke's political philosophy by interpreting it in light of the complex contexts of early modern European political thought and practice. These historical studies are then used in a variety of (...) ways to gain critical perspectives on the assumptions underlying current debates in political philosophy and the history of political thought. The themes treated include government, toleration, discipline, property, aboriginal rights, individualism, power, labour, self-ownership, community, progress, liberty, participation, and revolution. (shrink)

Recent scholarship on John Locke’s Two Treatises of Government has drawn particular attention to the colonial antecedents and applications of the theory of appropriation in chapter V of theSecond Treatise. This attention has coincided with a more general interest among political theorists in the historical and theoretical relationship between liberalism and colonialism. This essay reviews the surviving evidence for Locke’s knowledge of the Carolina colony and argues that it was both more extensive and more enduring than previous commentators have suggested. (...) In particular, the essay provides evidence that Locke was engaged in revising the Fundamental Constitutions of Carolina at just the moment in the summer of 1682 when he was most likely to have composed chapter V of theSecond Treatise and hence that there was an immediate and identifiable colonial context that contributed to his distinctive theory of property. (shrink)

This essay systematically reformulates an earlier argument about Locke and new world slavery, adding attention to Indians, natural law, and Locke's reception. Locke followed Grotian natural law in constructing a just-war theory of slavery. Unlike Grotius, though, he severely restricted the theory, making it inapplicable to America. It only fit resistance to "absolute power" in Stuart England. Locke was nonetheless an agent of British colonialism who issued instructions governing slavery. Yet they do not inform his theory--or vice versa. This creates (...) hermeneutical problems and raises charges of racism. If Locke deserves the epithet "racist," it is not for his having a racial doctrine justifying slavery. None of this makes for a flattering portrait. Locke's reputation as the champion of liberty would not survive the contradictions in which new world slavery ensnared him. Evidence for this may be found in Locke's reception, including by Southern apologists for slavery. (shrink)

John Locke was considerably interested and actively involved in the promotion of Protestant Christianity among American Indians and African slaves, yet this fact goes largely unremarked in historical scholarship. The evidence of this interest and involvement deserves analysis—for it illuminates fascinating and understudied features of Locke's theory of toleration and his thinking on American Indians, African slaves, and English colonialism. These features include (1) the compatibility between toleration and Christian mission, (2) the interconnection between Christian mission and English geopolitics, (3) (...) the coexistence of ameliorative and exploitative strands within Locke's stance on African slavery, and (4) the spiritual imperialism of Locke's colonial vision. Analyzing evidence of Locke's interest and involvement in Christian mission, this article brings fully to light a dimension of Locke's career that has barely been noticed. In so doing, it also illustrates how the roots of toleration in the modern West were partly evangelical. (shrink)

Few figures have so powerfully represented the entanglements of early modern English colonialism and constitutionalism as John Locke. Yet contemporary accounts tend to treat Locke as a 'liberal' who viewed colonial conquest and indigenous subjugation as inevitable. This conception, I argue, tends to rely primarily on readings of Locke's Two Treatises and it simplifies both the complexities of Locke's colonial participation and the multiple languages of constitutionalism with which he was familiar. 'Unsettling Colonies: Locke, 'Atlantis' and New World Knowledges' explores (...) a wider range of Locke's colonial writings, focusing not only on Locke's personal journals but also upon his administrative records for the colony of Carolina. These unpublished writings drew upon a range of utopian narratives, civic humanist literatures and republican tracts, such as Sir Thomas More's Utopia, Francis Bacon's New Atlantis and James Harrington's Commonwealth of Oceana. Taken collectively, these examples of Locke's writings and notes portray colonization, not as inevitable conquest and domination, but rather more variously and indeed tentatively: settlement appears as an adaptive, unsteady process, one which required colonists to cultivate local knowledge, avoid aggression and carefully monitor actors both inside and outside the colony. (shrink)

Early modern natural philosophers such as Francis Bacon are frequently seen as providing a legitimating ideology for British imperial expansion. Although this has been challenged by one recent study, much of Bacon's work on English colonisation remains unexplored. This article argues that far from being an ideological apologist for English colonisation, Bacon had two sets of colonial anxieties. The first derived from a tradition of civic humanism which concerned the moral corruption, dispossession of indigenous people and the greed involved in (...) the British colonization of Ireland and America. Bacon's second anxiety was not moral but epistemological, and stemmed from his natural philosophy. For Bacon, colonies were not simply new commonwealths, they were places which potentially produced the natural knowledge vital for the recreation of man's original, epistemic empire over the world. Consequently, Bacon was not only interested in the morality of colonising, but also whether the knowledge produced in colonies was reliable. An exploration of Bacon's views on colonisation also offers us a point of entry into the scholarly debate about the relationship between Bacon's natural philosophy and his political thought. (shrink)