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May Lockean Doughnuts Have Holes: An Analysis

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In “May Lockean Doughnuts Have Holes?” Steiner addresses Nine's objection to a Lockean theory of state territorial rights. Nine borrows from Buchanan a list of three forms of territorial power: 1) jurisdictional authority to impose laws over a given territory, 2) meta-jurisdictional authority to establish a new jurisdiction or amend an existing one, and 3) rights held by individuals and groups in a jurisdiction to own property (Nine 150). If, on the Lockean view, property rights are natural rights, then property rights held by individuals in the state of nature necessarily contain jurisdictional and meta-jurisdictional rights (151-52). Nine holds that state jurisdictional authority cannot be derived from the meta-jurisdictional authority of

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