Thoughtfulness and the Rule of Law

$24.95
by Jeremy Waldron

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An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. For many, the rule of law is the essence of good government. Jeremy Waldron takes a different view, arguing that a relatively thin version of the rule of law is more compatible with goals like democracy, human rights, economic freedom, and social justice. This timely essay collection is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Against the claim that thoughtfulness threatens to replace the rule of law with the arbitrary rule of people, Waldron shows that the rule of law in fact 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. Waldron emphasizes the value of procedure rather than the outcome of legal decisions. A rich compilation, Thoughtfulness and the Rule of Law 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. “A coherent and well-organized collection. Waldron’s scholarship on the rule of law displays even more subtlety and depth when these works are read together…If, as I hope, you wish to enhance your understanding of the law and capture how it is related to our dignity and our rationality, more generally, this is one of the first books you should read.” ― Thomas Bustamente , Jotwell “An important contribution: both to the evolving debate about the rule of law, but also prescient to many contemporary political issues.” ― Eric Scarffe , Journal of Applied Philosophy “The writing is clear and engaging. The reasoning is persuasive…The careful development of these ideas for more than a decade shows a rigorous mind unearthing, articulating and exploring a family of ideas over time. In short it is an excellent and very readable discussion of the rule of law and modern rule of law literature. The book is highly recommended to scholars, students and policy makers.” ― Graham Ferris , Law Teacher “Jeremy Waldron is our leading living philosophical writer on the rule of law. In crystal-clear prose informed by real-life illustrations, he reveals the evaluative depth to be found in a relatively thin conception of the rule of law, provided we take more seriously its neglected procedural and institutional aspects.” ― John Tasioulas, University of Oxford “This collection helps us to appreciate the multidimensional richness of Jeremy Waldron's views about the elusive ideal of the rule of law and its contribution to our collective and individual lives. His careful use of examples and down-to-earth prose makes difficult ideas entirely accessible.” ― David Dyzenhaus, University of Toronto “The best book on the rule of law written in the past half century―immensely learned, richly imaginative, and deeply insightful. Jeremy Waldron exemplifies the thoughtfulness that he highlights in discussing the elements that the rule of law requires and the values that it promotes.” ― Richard Fallon, Harvard Law School Jeremy Waldron is University Professor in the School of Law at New York University.

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