Thoughtfulness and the Rule of Law
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Book Overview 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...
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.
Book Details Format: Paperback | Pages: 336 | Language: English | Publisher: HARVARD UNIV PR | ISBN: 0674303601
FormatPaperback
Pages336
LanguageEnglish
ISBN0674303601
EAN9780674303607
PublisherHARVARD UNIV PR
Publication Date1970-01-01
AccessoriesNo Accessory
ConditionNew
Product TypeQUALITY PAPERBACK BOOKS
Weight0.95 Pounds
Length9.14 Inches
Width6.07 Inches
Height0.95 Inches
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