8
Lucia M. Rafanelli
presents the relationship between statelessness and state power in order to challenge
the statist ideal.42
Statelessness as a product of the state system
Despite the central role the idea of statelessness plays in the theories surveyed above,
none of them gives us sufficient resources to understand statelessness as it manifests
in the world today or the ethical issues that come along with it. Perhaps this is
unsurprising, as the theories surveyed above arguably concern the foundations of
state power, and therefore discuss the kind of statelessness that arises before stable
states are established—rather than the statelessness that arises once states are already
in place.43 There is nothing wrong with this on its own. The problem arises when this
understanding of statelessness—applicable, perhaps, in the moment of state formation and in the absence of an entrenched state system—is invoked to justify
normative claims about the obligations individuals have to already-established states
in an already-entrenched state system. The theorists surveyed above (especially Kant,
Stilz, and Wellman) do not present their theories as generating normative conclusions only for people involved in the process of state formation in the absence of an
entrenched state system. They present their theories as giving much more generally
applicable reasons and justifying much more generally applicable obligations to obey
and uphold state power.
Thus, I do not claim that the theorists surveyed above would say modern
statelessness is the same phenomenon as the ‘statelessness’ of the state of nature.
Rather, I want to highlight a rhetorical move commonly made in political theory: to
invoke one image of the absence of state protection (the statelessness of the state of
nature) and draw on it to justify the claim that people here and now have obligations
to maintain and obey states—even though the way in which people today experience
the absence of state protection (modern statelessness) is a distinct phenomenon that
the state system itself creates. If, when you envision the absence of state protection,
you see a void where state power should be (as in the classic images of the state of
nature), you will look for state power to fill it. But if, when you envision the absence of
state protection, you see a creature of the state system (as I argue we should
understand modern statelessness), you will look for ways to dismantle that system.
Rather than understanding statelessness as the mere absence of a state, then, I
propose we see statelessness—and the continued vulnerability to it—as a product of
the state system. Recall, by ‘statelessness’ I mean the condition of effectively lacking
42
My critique of the statist ideal shares some similarities to Ochoa Espejo’s (2020) critique of the ‘Desert
Island Model,’ which presents states with sovereign jurisdiction over set territories and discretionary powers
to control resources and borders in their territories as the ideal governing institutions. However, Ochoa
Espejo’s view is part of a larger account of territorial rights that attempts to explain the foundations of rights to
jurisdiction, natural resource use, and border control partly by developing a theory of ‘place-based’ duties.
While my view is compatible with many of Ochoa Espejo’s positions on these issues, it does not depend on
endorsing them. Correspondingly, Ochoa Espejo focuses more on developing a general theory of territorial
rights and political community. In contrast, I focus on identifying a particular shortcoming of the existing
state system (its organization around the Political Authority and Sovereignty Principles) and its implications
for the ethics of resistance—defending positions adherents of many different theories of territorial rights and
political community could potentially endorse.
43
My thanks to Inés Valdez for suggesting this interpretation.
https://doi.org/10.1017/S175297192500003X Published online by Cambridge University Press