Alejandra Mancilla

Why do we assign to countries rights to all the positive utilities from their natural resources, but hold them under no duty to bear costs for the negative utilities generated by those resources for those beyond their borders? In this paper I suggest that this ‘volcanic asymmetry’ has been overlooked by statist and cosmopolitan theories and that, despite of the arguments that might be given on its behalf, keeping this asymmetry requires further normative justification. I present two ways of getting rid of it, conclude that neither is satisfactory, and point to an alternative path.

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders.

By giving sympathy a central role, Adam Smith’s Theory of Moral Sentiments (1759) can be regarded as one of the ‘enlightened’ moral theories of the Enlightenment, insofar as it widened the scope of moral consideration beyond the traditionally restricted boundary of human beings. This, although the author himself does not seem to have been aware of this fact. In this paper, I want to focus on two aspects which I think lead to this conclusion. First, by making sentience the requisite to be taken into moral consideration, nonhuman animals in Smith’s moral theory can count as moral patients towards whom we should exercise the virtue of beneficence (if not justice). Secondly, Smith’s idea of morality as working in concentric circles –generating more stringent duties towards those closer to us– could explain and perhaps also justify our caring for some nonhuman animals, especially pets.

At the basis of modern natural law theories, the concept of the suum, or what belongs to the person (in Latin, his, her, its, their own), has received little scholarly attention despite its importance both in explaining and justifying not only the genealogy of property, but also that of morality and war.1 In this paper I examine Hugo Grotius's what it is, what things it includes, what rights it gives rise to and how it is extended in the transition from the state of nature to civil society. I then briefly point out how bringing this concept back to the fore could help to illuminate the current discussion on the foundations of basic human rights, and to evaluate cases where these seem to clash with property rights.