During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...) Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (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)

During the last forty years, the Aboriginal peoples of the Americas, of the British Commonwealth, and of other countries colonized by Europeans over the last five hundred years have demanded that their forms of property and government be recognized in international law and in the constitutional law of their countries. This broad movement of 250 million Aboriginal people has involved court cases, parliamentary politics, constitutional amendments, the United Nations, the International Court of Justice, the development of an international law of (...) Aboriginal peoples, and countless nonviolent and violent actions in defense of Aboriginal systems of property and cultures. The Aboriginal peoples of New Zealand, Canada, and the United States have been at the forefront of the movement, and it is in these countries that the greatest legal recognition has been achieved. (shrink)

The volume consists of two parts, of which the former describes the two central elements of Locke’s account. First, Sreenivasan explains how he understands Locke’s attempt to show that common ownership of natural resources is consistent with the existence of a procedure whereby private ownership rights can be acquired without universal agreement. Solving this consent problem, Locke construes common ownership as involving merely a right to those conditions necessary for self-preservation. He then argues that where non-appropriators are left with enough (...) to achieve subsistence, unilateral appropriation does not violate such a right. Locke’s sufficiency condition ensures this by requiring that the able-bodied must have access to the relevant production or employment opportunities, while the disabled must be capable of subsisting through charity. (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)