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Western University
Philosophy 2810F/G
Jennifer Epp

WEEK 4 LECTURE 1 SUCCESSION • definitions: the act of withdrawing from a political entity. Usually whereby a group of people remove themselves and the territory they occupy from the jurisdiction of another political entity • federalism: a system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units such as states or provinces. The power to govern is shared between national and provincial state governments - many possible forms CLARIFYING THE QUESTION 1. under what conditions does a group have a moral right to secede, simpliciter 2. under what conditions should legitimate international and legal institutions recognize a moral right to secede - we should be answering this one • Thesis: international governing bodies should only use remedial right theories to determine when countries should be allowed to secede, and don't use primary right theories of succession to decide AND political theorists should answer question two answers to question 1 cannot offer good guidance to international institutions and may have harmful consequences if used by such institutions INSTITUTIONS AND RULES • argument for thesis A • urgent real world situations require an answer to question 2 • answers to question 1 are not helpful in institutional circumstance. Instead they create perverse incentives • what is morally right in an individual case may or may not be morality right he made into an institutional rule - euthanasia THESIS • the international legal institutions should only recognize a right to secede if it complies with remedial right theories and primary right theories to which he says not to use them • political theorists should answer question 2, answers to question one cannot offer good guidance to international institutions and may have harmful consequences if used by such institutions • international institutions should recognize a right to secede in circumstances set forth by Remedial right only theories, not in the circumstances set forth by primary right theories REMEDIAL RIGHT ONLY THEORIES • a general right to secession exists only when secession is necessary to alleviate injustice • justification: special case of the right to revolution which exists if and only if • - fundamental rights are being violated • - all peaceful means of remedy exhausted • aim: sever government control, versus overthrow • responds to: selective not tyranny • allows special rights to secession - better than revolution because it doesn't disrupt the current forms of government in place • discrepancy occurs between primary and remedial because they disagree between the 'only' aspect of the dialogue WHAT IS TO BE REMEDIED • - threats to physical survival of group members by the state • state violations of HR • unjust theft of previously sovereign territory BUCHANANS CONDITIONS FOR RECOGNITION • new state will respect HRS • cooperate to secure just terms - re: national debt, borders, provision of security, treaty obligations ASCRIPTIVE PRIMARY RIGHT THEORIES • a general right to secession exists whenever a corporate group wishes to secede • allows special rights to secessions • justification a. lack of territory threatens corporate group survival and corporate groups are very valuable b. nations are entitled to self determination which requires territory • sure there is a right to secede when there is an injustice but there is a right to secede anyway, an injustice doesn't have to happen in order to secede ASCRIPTIVE PRIMARY RIGHT THEORIES • Nations: groups with common culture, history, language, sense of its own distinctiveness and perhaps a shared aspiration for constituting its own political unit ASSOCIATIVE PRIMARY RIGHT THEORIES • a general right to secession exists whenever a collective group wishes to secede as indicated via plebiscite • any collective g
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