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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.
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.
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.
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.
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.
"
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.
In "Globalization Challenged," George Rupp, president of the
International Rescue Committee, outlines the steps necessary to
engage the contemporary conflict between traditional religious
belief and Western secularism.
According to Rupp, the key objective is to build a community
that is inclusive without denying the validity of particular
commitments. While he acknowledges the threat of "resurgent
fundamentalism," Rupp also criticizes secularists who fail to
recognize or acknowledge the role of religion and its ideological
equivalents in influencing public policy. All views, he asserts,
are subject to comparative appraisal. The challenge is to develop
ways to evaluate different approaches responsibly, leading to a
greater understanding of one's own convictions as well as the
positions of others.
Rupp reinforces his critical and theoretical analysis with
dramatic accounts of recent events in Afghanistan, the Democratic
Republic of Congo, and Sudan--places where the International Rescue
Committee operates. He then addresses the role of globalization in
fueling instability worldwide. Inadequately regulated privatization
has compromised health care, education, and social programs in many
countries, whereas an inclusive community would encourage a more
equitable distribution of resources.
Essays by Jagdish Bhagwati, Jeremy Waldron, and Wayne Proudfoot
expand Rupp's arguments, and in a final chapter Rupp responds to
the issues they raise. Essential reading for anyone who hopes to
understand the roots of today's geopolitical tensions,
"Globalization Challenged" asks that we shed our complacency,
recognize the legitimate role of conviction, and take actions to
shape a more just and inclusive society.
In Globalization Challenged, George Rupp, president of the
International Rescue Committee, outlines the steps necessary to
engage the contemporary conflict between traditional religious
belief and Western secularism. According to Rupp, the key objective
is to build a community that is inclusive without denying the
validity of particular commitments. While he acknowledges the
threat of "resurgent fundamentalism," Rupp also criticizes
secularists who fail to recognize or acknowledge the role of
religion and its ideological equivalents in influencing public
policy. All views, he asserts, are subject to comparative
appraisal. The challenge is to develop ways to evaluate different
approaches responsibly, leading to a greater understanding of one's
own convictions as well as the positions of others. Rupp reinforces
his critical and theoretical analysis with dramatic accounts of
recent events in Afghanistan, the Democratic Republic of Congo, and
Sudan-places where the International Rescue Committee operates. He
then addresses the role of globalization in fueling instability
worldwide. Inadequately regulated privatization has compromised
health care, education, and social programs in many countries,
whereas an inclusive community would encourage a more equitable
distribution of resources. Essays by Jagdish Bhagwati, Jeremy
Waldron, and Wayne Proudfoot expand Rupp's arguments, and in a
final chapter Rupp responds to the issues they raise. Essential
reading for anyone who hopes to understand the roots of today's
geopolitical tensions, Globalization Challenged asks that we shed
our complacency, recognize the legitimate role of conviction, and
take actions to shape a more just and inclusive society.
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Mad as Bell (Paperback)
Jeremy Waldron
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Bell to Pay (Paperback)
Jeremy Waldron
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Bloody Bell (Paperback)
Jeremy Waldron
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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.
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.
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.
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.
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