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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.
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.
Every liberal democracy has laws or codes against hate speech
except the United States. For constitutionalists, regulation of
hate speech violates the First Amendment and damages a free
society. Against this absolutist view, Jeremy Waldron argues
powerfully that hate speech should be regulated as part of our
commitment to human dignity and to inclusion and respect for
members of vulnerable minorities.
Causing offense by depicting a religious leader as a terrorist
in a newspaper cartoon, for example is not the same as launching a
libelous attack on a group s dignity, according to Waldron, and it
lies outside the reach of law. But defamation of a minority group,
through hate speech, undermines a public good that can and should
be protected: the basic assurance of inclusion in society for all
members. A social environment polluted by anti-gay leaflets, Nazi
banners, and burning crosses sends an implicit message to the
targets of such hatred: your security is uncertain and you can
expect to face humiliation and discrimination when you leave your
home.
Free-speech advocates boast of despising what racists say but
defending to the death their right to say it. Waldron finds this
emphasis on intellectual resilience misguided and points instead to
the threat hate speech poses to the lives, dignity, and reputations
of minority members. Finding support for his view among
philosophers of the Enlightenment, Waldron asks us to move beyond
knee-jerk American exceptionalism in our debates over the serious
consequences of hateful speech."
Brings issues of legal theory to life by relating them to real
problems in British politics. Questions about human rights, the
rule of law, the unwritten constitution, the role of judges, law
and politics and civil disobediance are discussed.
First published in 1990. Routledge is an imprint of Taylor &
Francis, an informa company.
Political institutions are the main subject of political theory-or
they ought to be. Making the case with his trademark forcefulness
and intellectual aplomb, Jeremy Waldron argues in favor of
reorienting the theory of politics toward the institutions and
institutional principles of modern democracy and the mechanisms
through which democratic ideals are achieved. Too many political
theorists are preoccupied with analyzing the nature and importance
of justice, liberty, and equality, at the cost of ignoring the
governmental institutions needed to achieve them. By contrast,
political scientists have kept institutions in view, but they
deploy a meager set of value-conceptions in evaluating them.
Reflecting on an array of issues about constitutional structure,
Waldron considers the uses and abuses of diverse institutions and
traditions, from separation of powers and bicameralism to judicial
review of legislation, the principle of loyal opposition, the
nature of representation, political accountability, and the rule of
law. He refines his well-known argument about the undemocratic
character of judicial review, providing a capacious perspective on
the proper role of courts in a constitutional democracy, and he
offers an illuminating critique of the contrasting political
philosophies of Hannah Arendt and Isaiah Berlin. Even if political
theorists remain fixated on expounding the philosophical
foundations of democracy, they need to complement their work with a
firmer grasp of the structures through which democracy is realized.
This is what political political theory means: theory addressing
itself to the way political institutions frame political
disagreements and orchestrate resolutions to our disputes over
social ideals.
In Nonsense upon Stilts first published in 1987, Waldron includes
and discusses extracts from three classic critiques of the idea of
natural rights embodied in the 1789 Declaration of the Rights of
Man and the Citizen. Each text is prefaced by an historical
introduction and an analysis of its main themes. The collection as
a whole in introduced with an essay tracing the philosophical
background to the three critiques as well as the eighteenth-century
idea of natural rights which they attacked. But the point of
reproducing these works is not merely historical. Modern attacks on
'rights-based' political philosophy mirror the concerns of Bentham,
Burke and Marx. Jeremy Waldron has therefore added an extensive
concluding essay which relates these classic texts to the modern
discussion of rights and re-examines the idea of rights in the
light of contemporary critiques. This text provides an invaluable
teaching tool for courses in politics and philosophy.
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.
Jeremy Waldron, one of the leading political philosophers of our time, looks at the principle of equality in the thought of John Locke, and the extent to which this is grounded in Christian principles. Throughout the text, Waldron discusses contemporary approaches to equality and rival interpretations of Locke, making his book unusually accessible and intellectually exciting. It will be of interest to philosophers, political theorists, lawyers and theologians around the world. Jeremy Waldron is the Maurice and Hilda Friedman Professor at Columbia Law School and Director of Columbia's Center for Law and Philosophy. Waldron has taught and lectured at UC Berkeley, Princeton University, Edinburgh University, Oxford University and Cambridge University. His books include The Dignity of Legislation (Cambridge, 1999), The Right to Private Property (Oxford, 1988) and The Law (Routledge, 1990). Waldron contributes to the London Review of Books and the New York Times Book Review.
Jeremy Waldron, one of the leading political philosophers of our time, looks at the principle of equality in the thought of John Locke, and the extent to which this is grounded in Christian principles. Throughout the text, Waldron discusses contemporary approaches to equality and rival interpretations of Locke, making his book unusually accessible and intellectually exciting. It will be of interest to philosophers, political theorists, lawyers and theologians around the world. Jeremy Waldron is the Maurice and Hilda Friedman Professor at Columbia Law School and Director of Columbia's Center for Law and Philosophy. Waldron has taught and lectured at UC Berkeley, Princeton University, Edinburgh University, Oxford University and Cambridge University. His books include The Dignity of Legislation (Cambridge, 1999), The Right to Private Property (Oxford, 1988) and The Law (Routledge, 1990). Waldron contributes to the London Review of Books and the New York Times Book Review.
In a lucid, concise volume, Jeremy Waldron defends the role of legislation, presenting it as an important mode of governance. Aristotle, Locke and Kant emerge as proponents of the dignity of legislation. Waldron's arguments are of obvious importance and topicality, especially in countries that are considering the introduction of a Bill of Rights. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.
In a lucid, concise volume, Jeremy Waldron defends the role of legislation, presenting it as an important mode of governance. Aristotle, Locke and Kant emerge as proponents of the dignity of legislation. Waldron's arguments are of obvious importance and topicality, especially in countries that are considering the introduction of a Bill of Rights. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and thinkers.
This volume brings together a wide-ranging collection of the papers written by Jeremy Waldron, one of the most internationally highly-respected political theorists writing today. The main focus of the collection is on substantive issues in modern political philosophy. The first six chapters deal with freedom, toleration, and neutrality and argue for a robust conception of liberty. Waldron defends the idea that people have a right to act in ways others disapprove of, and that the state should be neutral vis-a-vis religious and ethical systems. The chapters that follow are concerned with socio-economic rights. Waldron argues that poverty and homelessness are not to be understood apart from the value of freedom. On the contrary our moral response to them should be based on the same values that underlie traditional liberal philosophy. The volume is a tribute to the resources and unity of the liberal political tradition.
In "Nonsense upon Stilts, " first published in 1987, Waldron
includes and discusses extracts from three classic critiques of the
idea of natural rights embodied in the 1789 Declaration of the
Rights of Man and the Citizen. Each text is prefaced by an
historical introduction and an analysis of its main themes. The
collection as a whole in introduced with an essay tracing the
philosophical background to the three critiques as well as the
eighteenth-century idea of natural rights which they attacked.
But the point of reproducing these works is not merely
historical. Modern attacks on rights-based political philosophy
mirror the concerns of Bentham, Burke and Marx. Jeremy Waldron has
therefore added an extensive concluding essay which relates these
classic texts to the modern discussion of rights and re-examines
the idea of rights in the light of contemporary critiques. This
text provides an invaluable teaching tool for courses in politics
and philosophy.
"
An enduring theme of Western philosophy is that we are all one
another’s equals. Yet the principle of basic equality is woefully
under-explored in modern moral and political philosophy. In a major
new work, Jeremy Waldron attempts to remedy that shortfall with a
subtle and multifaceted account of the basis for the West’s
commitment to human equality. What does it mean to say we are all
one another’s equals? Is this supposed to distinguish humans from
other animals? What is human equality based on? Is it a religious
idea, or a matter of human rights? Is there some essential feature
that all human beings have in common? Waldron argues that there is
no single characteristic that serves as the basis of equality. He
says the case for moral equality rests on four capacities that all
humans have the potential to possess in some degree: reason,
autonomy, moral agency, and the ability to love. But how should we
regard the differences that people display on these various
dimensions? And what are we to say about those who suffer from
profound disability—people whose claim to humanity seems to
outstrip any particular capacities they have along these lines?
Waldron, who has worked on the nature of equality for many years,
confronts these questions and others fully and unflinchingly. Based
on the Gifford Lectures that he delivered at the University of
Edinburgh in 2015, One Another’s Equals takes Waldron’s
thinking further and deeper than ever before.
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Mad as Bell (Paperback)
Jeremy Waldron
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R543
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Bell to Pay (Paperback)
Jeremy Waldron
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Bloody Bell (Paperback)
Jeremy Waldron
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Ajume H. Wingo argues that non-rational factors--rhetoric, symbols, and traditions--provide the actual source of motivation in the development and sustainability of the liberal democratic state. Drawing from historical and philosophical sources, Wingo demonstrates that these "veils" can play an essential role in a thriving, stable liberal democratic state.
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