When property rights and environmental legislation clash, what side
should the Rule of Law weigh in on? It is from this point that
Jeremy Waldron explores the Rule of Law both from an historical
perspective - considering the property theory of John Locke - and
from the perspective of modern legal controversies. This critical
and direct account of the relation between the Rule of Law and the
protection of private property criticizes the view - associated
with the 'World Bank model' of investor expectations - that a
society which fails to protect property rights against legislative
restriction is failing to support the Rule of Law. In this book,
developed from the 2011 Hamlyn Lectures, Waldron rejects the idea
that the Rule of Law privileges property rights over other forms of
law and argues instead that the Rule of Law should endorse and
applaud the use of legislation to achieve valid social objectives.
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