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  1. Cosmopolitan right, indigenous peoples, and the risks of cultural interaction.Timothy Waligore - 2009 - Public Reason 1 (1):27-56.
    Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that upset (...)
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  • A Permissive Theory of Territorial Rights.Lea Ypi - 2012 - European Journal of Philosophy 22 (2):288-312.
    This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...)
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  • Force and freedom: Kant's legal and political philosophy.Arthur Ripstein - 2009 - Cambridge: Harvard University Press.
    In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.
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  • Superseding historic injustice.Jeremy Waldron - 1992 - Ethics 103 (1):4-28.
    Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.
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  • The provisionality of property rights in Kant’s Doctrine of Right.Rafeeq Hasan - 2018 - Canadian Journal of Philosophy 48 (6):850-876.
    I criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature.Weak provisionalityholds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast,strong provisionalityholds that making property claims in the state of nature wrongs others. I argue for a third view,anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate (...)
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  • Indigeneity and the Settler Contract today.Robert Nichols - 2013 - Philosophy and Social Criticism 39 (2):165-186.
    This article examines the application of social contract theorizing to questions pertaining to the rights of indigenous peoples today, with particular reference to recent work by Jeremy Waldron. It is argued that such theorizing must be examined with reference not only to the content of its claims, but also with respect to its general mode of argumentation and its political function in specific contexts. Read in this light, social contract theory may function to unduly deny the claims of indigenous peoples, (...)
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  • Nations, States, and Territory.Anna Stilz - 2011 - Ethics 121 (3):572-601.
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  • The new Indian claims and original rights to land.David Lyons - 1977 - Social Theory and Practice 4 (3):249–72.
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