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BOUNDARIES AND JUSTICE THE ETHIKON SERIES IN COMPARATIVE ETHICS Editorial Board Carole Pateman Series Editor Brian Barry Sohail H. Hashmi David Miller Robert P. George Will Kymlicka Philip Valera Michael Walzer The Ethikon Series publishes comparative studies on ethical issues of current impor- tance. By bringing scholars representing a diversity of moral viewpoints into structured dialogue, the series aims to broaden the scope of ethical discourse and to identify commonalities and differences between alternative views. TITLES IN THE SERIES Terry Nardin, ed., The Ethics of War and Peace: Religious and Secular Perspectives David R. Mapel and Terry Nardin, eds. International Society: Diverse Ethical Perspectives David Miller and Sohail H. Hashmi, eds. Boundaries and Justice: Diverse Ethical Perspectives Simone Chambers and Will Kymlicka, eds. Alternative Conceptions of Civil Society Nancy L. Rosenblum and Robert Post, eds. Civil Society and Government BOUNDARIES AND JUSTICE DIVERSE ETHICAL PERSPECTIVES Edited by David Miller and Sohail H. Hashmi PRINCETON UNIVERSITY PRESS PRINCETON AND OXFORD Copyright © 2001 by Princeton University Press Published by Princeton University Press, 41 William Street, Princeton, New Jersey 08540 In the United Kingdom: Princeton University Press, 3 Market Place, Woodstock, Oxfordshire OX20 1SY All Rights Reserved Library of Congress Cataloging-in-Publication Data Boundaries and justice : diverse ethical perspectives / edited by David Miller and Sohail H. Hashmi. p. cm.—(Ethikon studies in comparative ethics) Includes bibliographical references and index. ISBN 0-691-08799-7 (alk. paper) — ISBN 0-691-08800-4 (pbk.: alk. paper) 1. Ethics. I. Miller, David (David Leslie) II. Hashmi, Sohail H., 1962- III. Series. BJ1012.B598 2001 172—dc21 2001021155 This book has been composed in Goudy Printed on acid-free paper. °° www.pup.princeton.edu Printed in the United States of America 10 9 8 7 6 5 4 3 21 10 9 8 7 6 5 4 3 21 (Pbk.) Contents Acknowledgments vii Contributors ix Introduction David Miller and Sohail H. Hashmi 3 One Christian Attitudes toward Boundaries: Metaphysical and Geographical Richard B. Miller 15 Two The Value of Limited Loyalty: Christianity, the Nation, and Territorial Boundaries Nigel Biggar 38 Three Toward a Liberal Theory of National Boundaries Loren Lomasky 55 Four Hard Borders, Compensation, and Classical Liberalism Hillel Steiner 79 Five Territorial Boundaries and Confucianism Joseph Chan 89 Six Boundaries of the Body and Body Politic in Early Confucian Thought Michael Nylon 112 Seven International Law, Boundaries, and Imagination Robert McCorquodale 136 Eight Territorial Sovereignty: Command, Title, and the Expanding Claims of the Commons Raul C. Pangalangan 164 vi CONTENTS Nine Islamic Perspectives on Territorial Boundaries and Autonomy M. Raquibuz Zaman 183 Ten Religion and the Maintenance of Boundaries: An Islamic View Sulayman Nyang 203 Eleven Land and People: One Jewish Perspective David Novak 213 Twelve Contested Boundaries: Judaic Visions of a Shared World Noam]. Zohar 237 Thirteen Territorial Boundaries: A Liberal Egalitarian Perspective Will Kymlicka 249 Fourteen Group Boundaries, Individual Barriers Russell Hardin 276 Fifteen Boundaries, Ownership, and Autonomy: A Natural Law Perspective Joseph Boyle 296 Sixteen In Defense of Reasonable Lines: Natural Law from a Natural Rights Perspective Jeremy Rabkin 317 Seventeen The Ethics of Boundaries: A Question of Partial Commitments Daniel Philpott 335 Index 361 Acknowledgments. THIS BOOK is the result of a dialogue project organized by the Ethikon Institute in collaboration with the Carnegie Council on Ethics and International Af- fairs and the University of Wisconsin Center for International Studies. The trustees of the Ethikon Institute join with Philip Valera, president, and Carole Pateman, series editor, in thanking all who contributed to the success of this project. We are especially grateful to Joan Palevsky, the Carnegie Council, and the Center for International Studies for major financial support, and to other gen- erous donors, including the Sidney Stern Memorial Trust, Harold Guetzkow, the Carl N. Karcher Trust, and the Stanley K. Sheinbaum Trust. In addition to the authors, the project was greatly enhanced by the active participation of other dialogue partners: Brian Barry, Richard Friedman, David Kennedy, Friedrich Kratochwil, Andre Liebich, David Little, David Lumsdaine, David R. Mapel, Terry Nardin, Joel H. Rosenthal, Mark Tessler, and Michael Walzer. Special thanks are due to Joel H. Rosenthal, president of the Carnegie Council, and his colleagues Eva Becker and Ulrike Klopfer for hosting the dialogue meetings at Merrill House in New York, and for their gracious hospitality. Five contributors to this book were not present for the Merrill House dialogue meetings, and we thank them for agreeing to join the project at later stages: Nigel Biggar, Robert McCorquodale, Raul Pangalangan, Daniel Philpott, and Jeremy Rabkin. We are particularly indebted to David Miller and Sohail Hashmi for taking on the challenging task of editing this book. We are also grateful to Ann Himmelberger Wald, editor-in-chief, and Ian Malcolm, our editor at Prince- ton University Press, for their valuable guidance and continuing support. About the Sponsors for This Volume The Ethikon Institute, a nonprofit organization, is concerned with the social implications of ethical pluralism. Its dialogue-publication programs in interso- cietal relations, civil society, family life, and bio-environmental ethics are designed to explore a diversity of moral outlooks, secular and religious, and to clarify areas of consensus and divergence between them. By encouraging a systematic exchange of ideas, the Institute aims to advance the prospects for agreement and to facilitate the accommodation of irreducible differences. The viii ACKNOWLEDGMENTS Ethikon Institute takes no position on issues that divide its participants, serv- ing not as an arbiter but as a neutral forum for the cooperative exploration of diverse and sometimes opposing views. The Carnegie Council on Ethics and International Affairs is a nonprofit organization founded in 1914 by Andrew Carnegie to affirm, explore, and nurture the interrelationship of ethics and foreign policy. The Carnegie Council strongly believes that ethics, as informed by the world's principal moral and religious traditions, is an integral and inevitable component of all policy deci- sions in the realms of economics, politics, and national security. By promoting a greater understanding of the values and conditions that ensure peaceful relations among nations, the Carnegie Council hopes to contribute to a better life for people everywhere. The Center for International Studies of the University of Wisconsin-Milwau- kee is a National Resource Center funded by the United States Department of Education. National Resource Centers are intended to ensure that the United States possesses the expertise and knowledge to carry out its responsibilities in world affairs. Contributors Nigel Biggar holds the Chair of Theology in the Department of Theology and Religious Studies at the University of Leeds, where he specializes in the field of religious ethics and public life. He has a long-standing interest in the conflict in Northern Ireland and has published for the Belfast press on the peace process. Joseph Boyle is professor of philosophy and principal of St. Michael's College at the University of Toronto. He has published extensively on applied ethics and moral theory, and is co-author with John Finnis and Germain Grisez of Nuclear Deterrence, Morality and Realism. A past president of the Ameri- can Catholic Philosophical Association, he has been part of the contemporary effort to understand and develop Catholic natural law theory. Joseph Chan is associate professor of political theory at the University of Hong Kong. He has published articles in major journals including Ethics, History of Political Thought, Journal of Democracy, and Oxford-Journal of Legal Studies. His current research focuses on Confucian political philosophy, human rights in Asia, liberalism, and Aristotle's political philosophy. Russell Hardin is professor of politics at New York University and a fellow of the American Academy of Arts and Sciences. He is also a trustee of the Carnegie Council on Ethics and International Affairs and a former editor of the journal Ethics. His publications include Collective Action and One for AH: The Logic of Group Conflict as well as many articles in major journals. Sohail H. Hashmi is assistant professor of international relations at Mount Hol- yoke College. He is the editor of State Sovereignty: Change and Persistence in International Relations, and the author of numerous articles on Islamic ethics. He is currently completing a book analyzing the contemporary Islamic discourse on war and peace. Will Kymlicka is professor of philosophy at Queen's University, Ontario. He is author of Liberalism, Community, and Culture, Contemporary Political Philoso- phy, and Multicultural Citizenship, which was awarded the Macpherson Prize by the Canadian Political Science Association and the Bunche Award by the American Political Science Association. He is also the author of Justice in Political Philosophy and The Rights of Minority Cultures, and coeditor (with Ian Shapiro) of Ethnicity and Group Rights. Loren Lomasky is professor of philosophy at Bowling Green State University and contributing editor to Reason and Liberty magazines. He is the author of Persons, Rights and the Moral Community, for which he was awarded the