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30 Later in this chapter, I will argue that the essence of national territorial rights in particular, cannot be captured by individualist terminology. The more general conceptual objection to the very possibility of regarding various collective (non-human) entities as potential right bearers will not be addressed here. For one thing, Tamir’s conceptual critique of collective rights may be misplaced as far as Raz’s particular approach is concerned. Jones maintains that opposition to group rights based on the denial of moral standing to anyone other than individual adult persons does not apply to Raz’s collective conception of group rights.

While Locke views individuals as free to leave the society in which they were born and or reside, he indeed clearly negates the possibility of individuals leaving a commonwealth and taking their territorial property with them. 51 In an article titled ‘The Territorial State’, Thomas Baldwin also comments critically on this aspect of Locke’s theory of territorial entitlement. Baldwin draws our attention to this same point in Locke, according to which: ‘although those who have rightly acquired (for example by inheritance) an estate within the territory of a political society can emigrate to join another political society, they cannot alienate the estate that they acquired and incorporate it within the territory of their new political society.

E. 12 In the first instance, the nation claiming sovereignty wishes to rely on its being the first (at least among the nations which exist at present) to occupy the disputed territory. 14 By making this distinction, Gans draws our attention to an important ambiguity in the concept of ‘historical rights’ which is hidden not only in its use by those making territorial claims (as he himself points out), but also in its use by scholars of nationalism. Thus, Yael Tamir adopts this distinction in some of her later work on liberal-nationalism, when she addresses the historical aspect of territorial demands.

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17 Money Making Candle Formations


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