Cited by 33Political Systems and GovernancePolitical Philosophy and EthicsPost-Soviet Geopolitical Dynamics

Boundaries, Democracy, and Territory

Miller, David·2016·The American Journal of Jurisprudence

Abstract

This paper places the issue of subsidiarity in the context of a wider question: “What boundaries between political units ought there to be?” Rejecting the idea of a world without borders, it begins by examining the view of international lawyers, encapsulated in the principle of uti possidetis , that existing state boundaries must be treated as sacrosanct unless modified by mutual consent. It then considers three normative approaches to boundary-drawing. The functional approach seeks to create political units that can best perform the economic and other functions expected of states. The political approach argues for boundaries that will enclose well-functioning democracies, which depends partly on the constitution of the demos itself, and partly on its likely impact on those outside of the boundaries. The homeland approach looks for boundaries that respond to the pre-existing territorial claims of nations and other groups. Since all three approaches have merit, boundary-drawing must try to accommodate each of them, which in the case of disputed boundaries will mean looking for solutions other than the traditional hard-bordered nation-state.

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Crossref · 10.1093/ajj/auw005

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  • A general theory of boundaries must include concerns such as economic self-sufficiency and shared identity of the units.

    “I have argued elsewhere that a general theory of boundaries must include concerns such as these (Miller, 2016).”

    From Reconceiving the democratic boundary problem (2020) · cites this paper as Miller, 2016

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Authors
Miller, D.
Corresponding author
Miller, David
Venue
The American Journal of Jurisprudence
Published
2016-05-09
Volume
61
Issue
1
Pages
33-49
ISSN
  • 0065-8995 (ISSN-L)
  • 2049-6494
OpenAlex
W2346272817
Cited by
33
References
0
Citations by year
2026: 10 · 2024: 1 · 2023: 13 · 2022: 4 · 2021: 1 · 2020: 2 · 2018: 1 · 2017: 1
FWCI
3.37
Type
journal article
Language
en
Open access
closed
Locations
  • The American Journal of Jurisprudence (publishedVersion)
  • HighWire Press Open Archive (submittedVersion)
Topics
  • Social Sciences › Political Science and International Relations › Political Systems and Governance
  • Social Sciences › Political Science and International Relations › Political Philosophy and Ethics
  • Social Sciences › Political Science and International Relations › Post-Soviet Geopolitical Dynamics
Keywords
state boundaries, boundary drawing, subsidiarity, uti possidetis, democracy, territory, nation-state, functional approach, political approach, territorial claims, international law

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