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Inheriting the Right of Return
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Victor Tadros
Published/Copyright:
September 18, 2020
Abstract
This Article assesses one kind of argument for an intergenerational right of return in the context of the Israel/Palestine conflict. The question is whether descendants of those who were made refugees in the 1948 War can acquire occupancy rights from their parents through inheritance and bequest over territory that they have never lived on. Standard arguments for their inheriting such rights fail for a range of reasons. However, a less familiar argument for inheritance or bequest succeeds—descendants can acquire such rights because their parents have an interest in their being able to live the kind of life that, due to the violation of their rights, they were deprived of.
Published Online: 2020-09-18
Published in Print: 2020-07-28
© 2020 by Theoretical Inquiries in Law
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Articles in the same Issue
- 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
Articles in the same Issue
- 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
