David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Law and Philosophy 14 (2):149 - 184 (1995)
My aim of this paper is to clarify, and in a certain very limited way to defend, historical theories of property rights (and their associated theories of social or distributive justice). It is important, I think, to better understand historical rights for several reasons: first, because of the extent to which historical theories capture commonsense, unphilosophical views about property and justice; then, because historical theories have fallen out of philosophical fashion, and are consequently not much scrutinized anymore; and finally, because of (what I see as) the continuing need to better understand the historical components of our society's responsibilities to the descendants of victims of systematic injustice in our own past. The case I will have in mind throughout is that of the property claims of Native American tribes, claims based on their historical standing as the original owners of certain lands and resources. And while I will concentrate here only on the question of rectifying past violations of property rights, this will constitute at least a start to answering more general questions about just rectification, which includes the more serious and less compensable wrongs of violence against persons.
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References found in this work BETA
David K. Lewis (1973). Counterfactuals. Blackwell Publishers.
Robert Nozick (1974). Anarchy, State and Utopia. Basic Books.
David Lyons (1977). The New Indian Claims and Original Rights to Land. Social Theory and Practice 4 (3):249-272.
Jeremy Waldron (1992). Book Review:A Theory of Property. Stephen Munzer. [REVIEW] Ethics 102 (2):401-.
Citations of this work BETA
Stephanie Collins (2015). Distributing States' Duties. Journal of Political Philosophy 23 (3).
George Sher (2005). Transgenerational Compensation. Philosophy and Public Affairs 33 (2):181–200.
A. John Simmons (2001). On the Territorial Rights of States. Noûs 35 (s1):300-326.
George Sher (2005). Transgenerational Compensation. Philosophy Public Affairs 33 (2):181-200.
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