There are communities in which disadvantaged groups experience severe inequality. For instance, poor and indigent families face many difficulties accessing their social rights. Their condition is largely the consequence of the wrong choices of those in power, either historical or more recent choices. The lack of opportunities of these deprived citizens is due to state omissions. In such communities, it is not unusual for homeless members of these particular groups to occupy abandoned lands and build their shelters there. However, almost (...) everywhere, these actions constitute a crime. The typical response to this situation is prosecution and punishment. In this paper, I will defend the occupation of public places as a consequence of the failure of governments to solve the problem of housing, and I will argue that we must distinguish a social claim from a crime and avoid the use of criminal law in these “occupation cases”. I will also argue that our right—as a community—to blame and punish these “squatters” is eroded by the fact that we perpetrated their situation of injustice. (shrink)

This is a new revised version of Dr. Laslett's standard edition of Two Treatises. First published in 1960, and based on an analysis of the whole body of Locke's publications, writings, and papers. The Introduction and text have been revised to incorporate references to recent scholarship since the second edition and the bibliography has been updated.

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)

This volume guides the reader through a detailed examination of the text to an understanding of Locke’s political ideas in relation to his writings on philosophy, education, religion and economics and the influence these ideas had upon eighteenth-century political theorists. The author shows how Locke carefully constructed his political perspective as a defence of the principles of natural rights, constitutional government and popular resistance. He offers an original interpretation of the Two Treatises…, emphasizing the specific ways in which Locke’s political (...) purposes in writing the work influence his discussion of such concepts as the state of nature, property, consent and tyranny. The author discusses the historical and biographical context of the work and demonstrates how eighteenth century political thinkers developed or rejected aspects of Locke’s political theory and summarizes important recent studies of Locke’s work. (shrink)

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The (...) book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

Ecological refugees are expected to make up an increasing percentage of overall refugees in the coming decades as predicted climate change related disasters will displace millions of people. In this essay, I focus on those rights ecological refugees may claim on the basis of collective self-determination. To this end, I will focus on a few specific cases that I call cases of ‘ecological refugee states’. Tuvalu, the Maldives, and to a certain extent, Bangladesh are predicted to be ecological refugee states (...) in the near future. These are states whose entire (or close to it) geographical territory is predicted to be lost to rising sea levels; the collective body of the people will itself become an ecological refugee.The question is: what may the people of an ecological refugee state legitimately claim on the basis of their right to self-determination? Should we redraw state borders to accommodate a New Tuvalu? I argue that a plausible position regarding territorial rights is that when (1) a people clearly is (or recently was) self-determining and has a legitimate claim to continue to be self-determining, and (2) the self-determination of a people is existentially threatened because the people lacks territorial rights, that (3) the people becomes a candidate for sovereign over a new territory. The result is that existing state borders may need to change to accommodate something like a New Tuvalu. To generate these results on behalf of ecological refugee states, I examine the principles of the system of territorial states. Because the system of territorial states is a system of exclusive rights over goods, especially land, it is possible that it is subject to the conditions of a Lockean proviso mechanism. This paper is dedicated mainly to adapting a version of the Lockean proviso for use in territorial rights theory. (shrink)

The issue of justice in housing is rarely discussed in political philosophy. Yet, housing crises such as that currently faceSd by the UK highlight the importance of work in this area. In this article, I address the issue of housing justice by defending a basic right to housing. The right is in the first instance specific to a particular context, that of a Western liberal society. I defend a positive right to exercise a set of property rights called ‘lease rights’ (...) over a self-contained living space of a certain standard, for a minimum term of 3 years. An important feature of this right is that it is a right to live alone. Where individuals have to live in communal housing because they lack the resources to do otherwise, their basic rights are violated. The account provides a distinctive understanding of how a government’s housing policy can fail its citizens. (shrink)