The Rule of Law and the Measure of Property

The Hamlyn Lectures

by Jeremy Waldron

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.

134 pages, Kindle Edition

First published June 21, 2012

Reviews

[Kevin Hartmann · Rating 5 out of 5]

This book, derived from a series of lectures given by Prof. Waldron at Cambridge roughly a decade ago, distinguishes itself with its clear and straightforward style. Waldron delves into the complexities of our political landscape, providing an engaging exploration of distinct values and their relationships. Focusing specifically on private property and the rule of law, he challenges common assumptions that often treat them as synonymous or inextricably linked (usually the latter being instrumental to the former)

Waldron's unique perspective examines the subtle differences between these values, offering insights into their dynamic interplay. Contrary to conventional views that typically position the rule of law as a mere instrument to safeguard private property rights, Waldron presents a thought-provoking analysis that transcends these established narratives.

In concise yet insightful language, the author prompts readers to reassess their understanding of these fundamental political values. Despite its brevity, the book maintains depth, making it a recommended read for those seeking a succinct yet thoughtful exploration of key concepts in political philosophy.