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    The Rule of Law and the Measure of Property (Hamlyn Lectures (Paperback)) (Paperback) By (author) Jeremy Waldron

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    DescriptionWhen 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.


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  • Full bibliographic data for The Rule of Law and the Measure of Property

    Title
    The Rule of Law and the Measure of Property
    Authors and contributors
    By (author) Jeremy Waldron
    Physical properties
    Format: Paperback
    Number of pages: 132
    Width: 138 mm
    Height: 216 mm
    Thickness: 8 mm
    Weight: 200 g
    Language
    English
    ISBN
    ISBN 13: 9781107653788
    ISBN 10: 1107653789
    Classifications

    B&T Book Type: NF
    BIC E4L: LAW
    Nielsen BookScan Product Class 3: S5.0
    B&T Modifier: Region of Publication: 03
    B&T Modifier: Subject Development: 01
    LC subject heading:
    BIC subject category V2: HPS
    Ingram Subject Code: LE
    Libri: I-LE
    BIC subject category V2: L
    B&T Modifier: Subject Development: 04
    B&T Modifier: Academic Level: 02
    B&T General Subject: 490
    Warengruppen-Systematik des deutschen Buchhandels: 27720
    B&T Merchandise Category: UP
    DC22: 340.11
    BIC subject category V2: LAM
    BISAC V2.8: PHI034000
    DC22: 340/.11
    LC subject heading: , ,
    BISAC V2.8: LAW016000
    LC subject heading: , ,
    DC23: 340.11
    LC classification: K3171 .W348 2012
    Edition statement
    New.
    Publisher
    CAMBRIDGE UNIVERSITY PRESS
    Imprint name
    CAMBRIDGE UNIVERSITY PRESS
    Publication date
    30 June 2012
    Publication City/Country
    Cambridge
    Author Information
    Jeremy Waldron is Professor of Law and Philosophy at the New York University School of Law and Chichele Professor of Social and Political Theory at All Souls College, Oxford University. He has published extensively on the Rule of Law and property, including God, Locke and Equality and The Dignity of Legislation.
    Review quote
    'This accessible and highly engaging book shows Waldron's versatility as he moves from the Lucas case on constitutional protection for beachfront property besieged by environmental legislation to work on the rule of law by Dicey, Epstein, Hayek, and Raz. At every point [he] advances the debate between procedural and substantive versions of the rule of law and their implications for property holdings - all this with a grace and fluidity of expression that makes this book a pleasure to read.' Stephen Munzer, Distinguished Professor of Law, University of California, Los Angeles 'In The Rule of Law and the Measure of Property Jeremy Waldron examines with his characteristic style and insight the relation, such as there is, between private rights and the rule of law. That the protection of private rights, in particular property rights, broadly construed, is an essential function of the rule of law is now widely promoted, especially in the literature on economic development, and Waldron provides a most welcome corrective to that view.' J. E. Penner, Head of Law, University College London 'Even by his own high standards, Jeremy Waldron's Hamlyn Lectures are stunning. Taking on defenders of the idea that our rights to private property trump any legislature's right to limits or restrict them, from John Locke in the seventeenth century to Richard Epstein in the twenty-first, he demonstrates just how shaky the foundations of that view really are. He is no enemy to the idea of the rule of law, but he is a devastating critic of the claim that the rule of law privileges private property above all else. The lectures are tightly argued, but written with a dry wit that makes them a continuous pleasure to read, a genuine case of great learning lightly worn.' Alan Ryan, Princeton University
    Table of contents
    1. The classical Lockean picture and its difficulties; 2. A substantive Rule of Law?; 3. In defense of legislation.