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The Rule of Law and the Measure of Property

The Rule of Law and the Measure of Property

The Rule of Law and the Measure of Property

Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 9781107653788
Published In: June 2012
Format: Paperback , 132 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

• Considers some of the implications of the Rule of Law in economic matters

• Contributes clearly to the debate about legislative impacts on property by addressing the appropriate balance between private property rights and social and economic legislation

• Enriches and enlivens both historical political thought and modern legal analysis by relating John Locke's theory of property to modern controversies about property

Preface	vii
The Hamlyn Trust	viii
The Hamlyn Lectures	xi
1 The classical Lockean picture and its difficulties	1
2 A substantive Rule of Law?	42
3 In defense of legislation	76
Index	112

Jeremy Waldron
New York University and University of Oxford

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