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Thoughtfulness and the Rule of Law
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Thoughtfulness and the Rule of Law
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An essential study of the rule of law by one of the world’s
leading liberal political and legal philosophers. The meaning and
value of the rule of law have been debated since antiquity. For
many, the rule of law has become the essence of good government.
But Jeremy Waldron takes a different view, arguing that it is but
one star in a constellation of ideals that define our political
morality, ranking alongside democracy, human rights, economic
freedom, and social justice. This timely essay collection, from one
of the most respected political philosophers of his generation, is
a brief on behalf of thoughtfulness: the intervention of human
intelligence in the application of law. Waldron defends
thoughtfulness against the claim that it threatens to replace the
rule of law with the arbitrary rule of people. To the contrary, he
argues, the rule of law requires thoughtfulness: it is impossible
to apply a standard such as “reasonableness” on the basis of
rules alone, and common legal activities like arguing in court and
reasoning from precedents are poorly served by algorithmic logics.
This rich compilation also addresses the place of law in protecting
human dignity, the relation between rule of law and legislation,
and whether vagueness in the law is at odds with law’s role in
guiding action. Thoughtfulness and the Rule of Law emphasizes the
value of procedures rather than the substance or outcome of legal
decisions. Challenging the view that predictability and clarity are
cardinal virtues, Waldron shows that real-world controversies often
are best approached using a relatively thin concept of the rule of
law, together with the thoughtfulness that a legal system frames
and enables.
General
Imprint: |
Harvard University Press
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Country of origin: |
United States |
Release date: |
December 2023 |
Authors: |
Jeremy Waldron
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Dimensions: |
235 x 156mm (L x W) |
Pages: |
336 |
ISBN-13: |
978-0-674-29077-8 |
Categories: |
Books
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LSN: |
0-674-29077-1 |
Barcode: |
9780674290778 |
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