A Forward-Looking Justification of Territorial Rights

Abstract

According to a prominent forward-looking justification of territorial (jurisdictional) rights, people may establish such rights over a piece of land if they develop economic and/or religious-cultural life plans the satisfaction of which requires controlling it. This argument suffers from a gap problem. The relevant life plans can be satisfied without granting their holders jurisdictional authority. Having lesser entitlements, such as occupancy rights, is sufficient. In this article, I offer a new forward-looking justification which plugs this justificatory gap. It follows the general framework of life plans-arguments, but develops a new category of plans: a person’s political plan to exercise her democratic autonomy as a citizen of the state under which she (or her group) has lived, or is living.