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Secession Nic Tideman: The Constitutional Conflict Between Protecting Expectations and Moral Evolution
3. The Possibility of a Right of
Secession
But slavery is long gone. Of what relevance, you
may ask, are such arguments today? I suggest that, some
time in the next century or two, a number of moral issues
as momentous and contentious as slavery will rise to
public consciousness and pose the same issues of moral
advance versus the protection of financial interests that
might be thought of a property rights.
Consider the issue of secession. While there is often a correspondence between the borders of a nation and the set of persons who want to identify with a particular nationality, there are many instances when the preponderance of persons in a region would strongly prefer not to be part of the nation that exercises sovereignty over them--Chechins in Russia, Basques in Spain, Kurds in Turkey, Iran and Iraq, Kashmiris in India, Catholics in Northern Ireland, Hungarians in Serbia, Romaina, and Slovenia, Corsicans in France, Palestinians in Israel, Christians in Sudan, and so on around the globe. The particular locations of national borders are primarily the result of wars. In many cases, the only justification that can be given for borders apart from "If you try to take what I claim, I'll kill you," is that any acknowledgement that borders were subject to question would lead to interminable conflict, so we are better off abiding by what we have than allowing the question to be opened. But this puts the advocates of maintaining existing borders in the potentially uncomfortable position of needing to support every "reasonable" government that seeks to suppress its secessionists. This then necessitates an evaluation of the reasonableness of the complaints of every minority with regard to language, religion, education, the provision of public services, marriage rules, child-rearing practices, tolerated intoxicants, and every other area of social life about which people can disagree. The person who wants to support the efforts of a government to suppress its secessionist minorities must be able to say that in every area where the government imposes a rule on the minority, no right that the minority ought to have is violated. It is becoming increasingly difficult to sustain a claim that it is possible to know what rights minorities deserve. I predict that within a century, humanity will come to a consensus that the right of a defined unit to secede from a larger governmental entity is a basic human right, that no nation or administrative sub-unit is entitled to cling to control of a compact sub-unit whose citizen are united in their desire not to be controlled by the larger entity. Already we may be seeing the first signs of this. Czechoslovakia was peacefully partitioned into The Czech Republic and Slovakia, although the fact that this seems to have been mutually desired makes it less evidential for the thesis. The Kremlin acquiesced with only a little grumbling to the dismantling of the USSR. Here one might propose that with democracy looming, it was valuable for Russians to ensure that they would not become a minority in their own nation. After some fighting, the international community pressured the remnants of Yugoslavia to accept the departure of Slovenia, Croatia and Bosnia. Canada seems to acknowledge implicitly that if the people of Quebec really want to no longer be part of Canada, they may have their way. When Quebecoi insist that Native American tribes that want to remove their tribal lands from the jurisdiction of Quebec must never be allowed to do so, they sound inconsistent. This is not enough evidence to make a convincing case, but it may be straws in the wind. Still, in so many other cases, there is little if any general international support for the efforts of secessionists.
4. The Complementary Right of Equal
Access to Natural Opportunities
One of the factors that makes the case for
secession difficult is the problem of regional inequality
in natural resources. When the people who called
themselves Biafrans sought to secede from Nigeria in the
1960s, the morality of their claim was undermined by the
fact that, if they had succeeded, they would have taken
disproportionate oil resources from the rest of
Nigerians. The limited support for the efforts of the
Chechins to separate from Russia is explained in part by
the understanding that, even though the Chechins have
been abused by Russians for centuries and have never
fully acceded to their incorporation into Russia, if
Chechniya were allowed to separate from Russia, that
would create a precedent that would make it difficult to
oppose an effort by the people of the sparsely populated
Yakutsia region of Eastern Siberia, rich in oil and
diamonds, to insist that they too have a right to be a
separate nation. ... Nic Tideman: Global Economic
Justice, followed by Creating Global Economic
JusticeIf a very sharp and deeply felt division of opinion about the proper role of the state developed, then it would be sensible to allow the minority to secede. There is nothing sacred or inevitable about any particular number of nations or their borders. If a majority allows a disgruntled minority, who are a majority in a particular region, to leave and take territory with them, then the remaining majority will avoid a potential problem of underpopulation and excessive claims to natural opportunity that would occur if the minority were to simply emigrate. The dissatisfied minority can make a claim for an opportunity to secede on the following basis: The prior claim to territory is based on the rights of the minority as well as the majority to equal shares of natural opportunities. The minority have rights to themselves. They should not be obliged to live in a type of nation they do not want. They may find all other nations unacceptable, or other nations may find the dissatisfied minority unacceptable. Justice requires that there be some way in which the dissatisfied minority can receive their rightful share of natural opportunities, free of obligations that entangle them with others, so it is proper for them to expect to be able to sever their share from the territorial rights that belong jointly to the majority and the minority. The majority could justly require the minority to take their share of rights in whatever territory the majority wished to cede, provided that the ratio of the value of the territory so ceded to the value of the territory retained was roughly equal to the ratio of the minority to the majority, with any discrepancy settled by periodic cash payments. The majority might also reasonably require the minority to pay any costs of the separation. When the people of a nation ensure that they do not claim more than their shares of natural opportunities, when they permit any citizen who desires to leave to do so, and they stand ready to allow any substantial majority within a reasonably compact subarea to succeed, then the people of that nation can justly say, "The laws we choose to live under represent our conception of what a nation ought to be. If you don't like it, create your own nation somewhere else. We claim for ourselves no more than our share of what nature provides." Thus a wide variety of arrangements within nations are consistent with justice. ... Read the whole article
If a very sharp and deeply felt division of
opinion about the proper role of the state developed,
then it would be sensible to allow the minority to
secede. There is nothing sacred or inevitable about any
particular number of nations or their borders. If a
majority allows a disgruntled minority, who are a
majority in a particular region, to leave and take
territory with them, then the remaining majority will
avoid a potential problem of underpopulation and
excessive claims to natural opportunity that would occur
if the minority were to simply emigrate.
The dissatisfied minority can make a claim for an opportunity to secede on the following basis: The prior claim to territory is based on the rights of the minority as well as the majority to equal shares of natural opportunities. The minority have rights to themselves. They should not be obliged to live in a type of nation they do not want. They may find all other nations unacceptable, or other nations may find the dissatisfied minority unacceptable. Justice requires that there be some way in which the dissatisfied minority can receive their rightful share of natural opportunities, free of obligations that entangle them with others, so it is proper for them to expect to be able to sever their share from the territorial rights that belong jointly to the majority and the minority. The majority could justly require the minority to take their share of rights in whatever territory the majority wished to cede, provided that the ratio of the value of the territory so ceded to the value of the territory retained was roughly equal to the ratio of the minority to the majority, with any discrepancy settled by periodic cash payments. The majority might also reasonably require the minority to pay any costs of the separation. When the people of a nation ensure that they do not claim more than their shares of natural opportunities, when they permit any citizen who desires to leave to do so, and they stand ready to allow any substantial majority within a reasonably compact subarea to succeed, then the people of that nation can justly say, "The laws we choose to live under represent our conception of what a nation ought to be. If you don't like it, create your own nation somewhere else. We claim for ourselves no more than our share of what nature provides." Thus a wide variety of arrangements within nations are consistent with justice. Economic theory can say something
about the types of nations that can be expected to emerge
in such a world. As mentioned previously, one would expect
fewer barriers to immigration, since immigrants would
arrive with claims to their shares of natural
opportunities. Also, nations could expect to have greater
difficulty retaining citizens when they had either low
wages, low returns to saving, or laws that people found
oppressive. ... Read the whole
article Nic Tideman: The Ethics of Coercion in Public Finance Similarly, the localities within a national subdivision are free to implement a pattern of locality entitlements that differs from the ones described, provided that they allow any locality to "emigrate." Since locations do not move, "emigration" here means secession. But secession is potentially expensive, because of the difference in the way that entitlements are calculated when membership in larger entities changes. For example, suppose that Toronto wanted to secede from Ontario and become a separate province. As long as Toronto is a part of Ontario, the group that shares the rental value of Toronto (in an unimproved condition) consists of all Ontario localities. If Toronto were to become a separate province, that rental value would be shared among all Canadian provinces, and a much smaller share would come back to Toronto. The opportunity to share such rent would be glue that would tend to bind localities in provinces and provinces in the nation. But if the pressures to separate ever became great enough, the right to do so would be recognized. If localities are permitted to secede from national subdivisions in place of emigrating, one might ask whether individuals may secede from nations. The answer is, in principle, yes, but it is likely to be impractical for them to do so, except on the fringe of civilization. If an individual who wants to declare himself an independent nation, the share of rent that he can claim is the land value per person in the equalization of rent among nations. But, unless he wants to live on the edge of civilization, he will need land in the midst of other people, where rents will be very high. Furthermore, his neighbors would not be treating him unjustly if they responded to his secession with an economic boycott. Thus it could be expected that people would not propose to secede in the middle of existing jurisdictions. When all individuals and jurisdictions are free to emigrate and to secede in whatever ways they find practical, and equal access to natural opportunities for all members of any entity is the default option from which the entity is free to depart, then any taxes that are imposed as a condition of continued membership in the entity are consistent with Neutrality. People really can go somewhere else if they don't like it, and the equal access to natural opportunities required by Liberalism is satisfied.
If people were entirely selfish, and if outcomes
were dominated by competition among jurisdictions, then
in the Liberal world that has been described we would see
efficient taxes -- on externalities and on the
appropriation of natural opportunities. To the extent
that people have feelings of community and of compassion
for one another, we would find people agreeing to accept
obligations to share the rewards of their efforts with
others, though justice could not oblige them to do
so. ... Read
the whole article
Nic Tideman: The Morality of Taxation: The Local Case
Nic Tideman: The Political Economy of Moral Evolution
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