Territorial Justice in Israel/Palestine
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Margaret Moore
Abstract
This Article examines the two dominant theories of territorial justice — one associated with justice, the other with self–determination. It applies these theories to the case of Israel/Palestine, and to ongoing claims by political actors with respect to territorial rights there. It argues that justice theory seems to straightforwardly suppose the territorial rights of the State of Israel, at least if historical and retrospective considerations are not at the forefront, though once they are brought in, this argument can be deployed in support of a number of different political positions. The self–determination argument, it is argued, is somewhat less indeterminate and seems to most straightforwardly support a “two–state” compromise. However, as with justice theory, its assumptions can be challenged on a number of fronts, and could also be deployed to buttress other arguments. The merits and challenges of both theories are analyzed through this case study.
© 2020 by Theoretical Inquiries in Law
Artikel in diesem Heft
- Frontmatter
- Introduction
- “Wretched Nurseries of Unceasing Discord”: Nationalism, War, and the Project of Peace
- Zionism and Political Liberalism: The Right of Scattered Nations to Self-Determination
- In Pursuit of Political Imagination: Reflections on Diasporic Jewish History
- Territorial Justice in Israel/Palestine
- Constructing “Private” Historical Justice in State-Building
- Inheriting the Right of Return
- Justifying the Right of Return
- Inclusion and Representation: The Settlement of Property Claims of the Dispossessed in the Aftermath of an Armed Conflict
- Disentangling Displacements: Historical Justice for Mizrahim and Palestinians in Israel
- How the Law of Return Creates One Legal Order in Palestine
- Historical Justice: On First-Order and Second-Order Arguments for Justice
- The Idea of Israel as a Jewish State
Artikel in diesem Heft
- Frontmatter
- Introduction
- “Wretched Nurseries of Unceasing Discord”: Nationalism, War, and the Project of Peace
- Zionism and Political Liberalism: The Right of Scattered Nations to Self-Determination
- In Pursuit of Political Imagination: Reflections on Diasporic Jewish History
- Territorial Justice in Israel/Palestine
- Constructing “Private” Historical Justice in State-Building
- Inheriting the Right of Return
- Justifying the Right of Return
- Inclusion and Representation: The Settlement of Property Claims of the Dispossessed in the Aftermath of an Armed Conflict
- Disentangling Displacements: Historical Justice for Mizrahim and Palestinians in Israel
- How the Law of Return Creates One Legal Order in Palestine
- Historical Justice: On First-Order and Second-Order Arguments for Justice
- The Idea of Israel as a Jewish State
