Should judges in United States courts be permitted to cite foreign laws in their rulings? In this book Jeremy Waldron explores some ideas in jurisprudence and legal theory that could underlie the Supreme Court's occasional recourse to foreign law, especially in constitutional cases. He argues that every society is governed not only by its own laws but partly also by laws common to all mankind (ius gentium). But he takes the unique step of arguing that this common law is not natural law but a grounded consensus among all nations. The idea of such a consensus will become increasingly important in jurisprudence and public affairs as the world becomes more globalized.

Known terrorists are often targeted for death by the governments of Israel and the United States. Several thousand have been killed by drones or by operatives on the ground in the last twenty years. Is this form of killing justified, when hundreds or thousands of lives are possibly at risk at the hands of a known terrorist? Is there anything about it that should disturb us? Ethically-sound and practical answers to these questions are more difficult to come by than it might seem. Renowned political theorists Jeremy Waldron and Tamar Meisels here defend two competing positions on the legitimacy of targeted killing as used in counterterrorism strategy in this riveting and essential for-and-against book. The volume begins with a joint introduction, briefly setting out the terms of discussion, and presenting a short historical overview of the practice: what targeted killing is, and how it has been used in which conflicts and by whom. It then hones in on killings themselves and the element of targeting. The authors tackle difficult and infinitely complex subjects, for example the similarities and differences between targeted killing of terrorists and ordinary killings in combat, and they ask whether targeted killing can be regarded as a law enforcement strategy, or as a hybrid between combat and law enforcement. They compare the practice of targeted killing with assassination and the use of death squads. And they consider the likelihood that targeted killing has been or will be abused against insurgents, criminals, or political opponents. Meisels analyzes the assassination by Israeli operatives of nuclear scientists working for regimes hostile to Israel. Meisels and Waldron carefully consider whether this sort of killing can ever be justified in terms of the danger it, in theory, averts. The conclusions drawn are at once as surprising as they are insightful, cautioning us against a world in which targeted killing is the norm as it proliferates rapidly. This is essential reading not only for students of political and war theory and military personnel, but for anyone interested in or concerned by the future of targeted killing.

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.

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

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.

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.

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.

Writers on human dignity roughly divide between those who stress the social origins of this concept and its role in marking rank and hierarchy, and those who follow Kant in grounding dignity in an abstract and idealized philosophical conception of human beings. In these lectures, Jeremy Waldron contrives to combine attractive features of both strands. In the first lecture, Waldron presents a conception of dignity that preserves its ancient association with rank and station, thus allowing him to tap rich historical resources while avoiding what many perceive as the excessive abstraction and dubious metaphysics of the Kantian strand. At the same time he argues for a conception of human dignity that amounts to a generalization of high status across all human beings, and so attains the appealing universality of the Kantian position. The second lecture focuses particularly on the importance of dignity - understood in this way - as a status defining persons' relation to law: their presentation as persons capable of self-applying the law, capable of presenting and arguing a point of view, and capable of responding to law's demands without brute coercion. Together the two lectures illuminate the relation between dignity conceived as the ground of rights and dignity conceived as the content of rights; they also illuminate important ideas about dignity as noble bearing and dignity as the subject of a right against degrading treatment; and they help us understand the sense in which dignity is better conceived as a status than as a kind of value.

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.

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."

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.

"

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.

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.

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.

Known terrorists are often targeted for death by the governments of Israel and the United States. Several thousand have been killed by drones or by operatives on the ground in the last twenty years. Is this form of killing justified, when hundreds or thousands of lives are possibly at risk at the hands of a known terrorist? Is there anything about it that should disturb us? Ethically-sound and practical answers to these questions are more difficult to come by than it might seem. Renowned political theorists Jeremy Waldron and Tamar Meisels here defend two competing positions on the legitimacy of targeted killing as used in counterterrorism strategy in this riveting and essential for-and-against book. The volume begins with a joint introduction, briefly setting out the terms of discussion, and presenting a short historical overview of the practice: what targeted killing is, and how it has been used in which conflicts and by whom. It then hones in on killings themselves and the element of targeting. The authors tackle difficult and infinitely complex subjects, for example the similarities and differences between targeted killing of terrorists and ordinary killings in combat, and they ask whether targeted killing can be regarded as a law enforcement strategy, or as a hybrid between combat and law enforcement. They compare the practice of targeted killing with assassination and the use of death squads. And they consider the likelihood that targeted killing has been or will be abused against insurgents, criminals, or political opponents. Meisels analyzes the assassination by Israeli operatives of nuclear scientists working for regimes hostile to Israel. Meisels and Waldron carefully consider whether this sort of killing can ever be justified in terms of the danger it, in theory, averts. The conclusions drawn are at once as surprising as they are insightful, cautioning us against a world in which targeted killing is the norm as it proliferates rapidly. This is essential reading not only for students of political and war theory and military personnel, but for anyone interested in or concerned by the future of targeted killing.

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.

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.

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.

This latest addition to the Oxford Readings in Philosophy series covers a topic which is one of the focal points of much of the current work in moral and politicaltheory.

Jeremy Waldron has been a challenging and influential voice in the moral, political and legal debates surrounding the response to terrorism since 9/11. His contributions have spanned the major controversies of the War on Terror - including the morality and legality of torture, whether security can be 'balanced' with liberty, and the relationship between public safety and individual rights. He has also tackled underlying questions essential to understanding the practical debates - including what terrorism is, and what a right to security would entail. This volume collects all Waldron's work on these issues, including six published essays and two previously unpublished essays. It also includes a new introduction in which Waldron presents an overview of his contribution, and looks at the problems currently facing the Obama administration and the UK Government in dealing with the legacy of the Bush White House. The volume will be essential reading for all those engaged with contemporary politics, security law, and the continuing struggle for an ethical response to terrorism.

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions.