Skip to main content Accessibility help
×
Hostname: page-component-74656f9884-kv2lp Total loading time: 0 Render date: 2026-11-06T01:05:26.474Z Has data issue: false hasContentIssue false

7 - The Materiality of Territory

from Part II - New Geographies of Borders: Territory, Land, and Water

Published online by Cambridge University Press:  02 January 2025

Seyla Benhabib
Affiliation:
Yale University and Columbia Law School
Ayelet Shachar
Affiliation:
University of Toronto and University of California, Berkeley

Summary

This chapter probes the ontological foundations of territorial sovereignty by tracing its normative logic to two diverging conceptions of sovereign authority in Roman law: dominium and imperium. While the dominium-based perspective ties the legitimacy of territorial sovereignty to prototypical forms of precivil private property association, from an imperium-based viewpoint, territorial sovereignty entails only sovereign jurisdiction over persons within a given spatial domain. Tracing these viewpoints through their early modern uptake by Immanuel Kant, John Locke, and Thomas Hobbes, the chapter points to a key normative disjunction – namely, whether territorial sovereignty is legitimated by the facticity of precivil object acquisition or by associational bonds between human beings unconstrained by claim rights over given segments of land, water, and air. The analysis highlights that contemporary questions on the limits of sovereign authority – including on the “right to exclude” and on the legitimacy of the extraterritorial exercise of sovereign power – stem from a normative disjunction in the very idea of territorial sovereignty. The chapter argues that the moral-ethical dilemma of inclusion in a bordered world is profoundly imbricated with the ecological-ontological question of how we imagine our collective selves to be coconstituted with the land, water, and air around us.

Information

Save book to Kindle

To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×