Philosophy Commons^™

Latin America In Theories Of Territorial Rights / América Latina En Las Teorías De Los Derechos Territoriales, Avery Kolers

Faculty Scholarship

“Who owns it?” is a surprisingly confusing question when applied to territory. Each word opens up puzzles: who can “own” territory? What is “ownership” in this context? How can it be justified in a way that could convince an outsider? These questions are particularly salient in the Latin American context, where multiple distinct kinds of land disputes converge. This paper canvasses two familiar approaches to these questions: the Kantian autochthony view, and the Lockean efficiency view. Neither view answers the question as to “who owns it” in all its complexity. The paper then defends an alternative approach grounded in recognition …