PPA Research Seminar: Do territorial rights include the right to exclude?

PPA Research Seminar: Do territorial rights include the right to exclude?

Department of Politics and Public Administration
Research Seminars – Autumn Semester 2017/18
Wednesdays, 2.30-4 p.m. – POD (Foundation Building)
All welcome
 
Cara Nine (UCC): 'Pufendorf, Territory and Exclusion'.

 

Abstract

Samuel Freiherr von Pufendorf, a 17th century philosopher, had enormous influence in the modern period, yet his work was mostly ignored today.  Like John Locke and Hugo Grotius, Pufendorf endorsed a version of natural law theory, adapted in ways to allow for both individuals (property owners) and collectives (territory holders) to hold exclusive rights over the same land at the same time.  Pufendorf stands out from the others as articulating a theory of territorial rights that embraces cultural variability in conceptions of ownership and collective property.  His philosophy also offers, I argue, a unique view on rights to exclude others from the territory.  In this talk, I focus specifically on the Pufendorf’s justification for territorial rights and his account of the right to exclude others from entering the territory.  Pufendorf held a radical view on border coercion—that a collective could exclude any outsider for almost any reason.  Rather than accept this radical view, I propose that an alternative account of exclusion can be derived from Pufendorf’s principles, and that my Pufendorfian account can make inroads in thinking about rights to control immigration.