The Rule of Law and the Measure of Property PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Rule of Law and the Measure of Property PDF full book. Access full book title The Rule of Law and the Measure of Property by Jeremy Waldron. Download full books in PDF and EPUB format.
Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 1139576984
Category : Law
Languages : en
Pages : 133
Get Book Here
Book Description
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.
Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 1139576984
Category : Law
Languages : en
Pages : 133
Get Book Here
Book Description
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.
Author: Jeremy Waldron
Publisher: Cambridge University Press
ISBN: 1107024463
Category : Law
Languages : en
Pages : 133
Get Book Here
Book Description
The classical Lockean picture and its difficulties -- A substantive Rule of Law? -- In defense of legislation.
Author: Jeremy Waldron
Publisher:
ISBN: 9781139569224
Category : LAW
Languages : en
Pages : 134
Get Book Here
Book Description
A clear, critical and direct account of the relation between the Rule of Law and the protection of private property.
Author: Michael Zurn
Publisher: Cambridge University Press
ISBN: 1139510975
Category : Law
Languages : en
Pages : 401
Get Book Here
Book Description
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).
Author: Jeremy J. Waldron
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The idea in these lectures is to discuss the relation between property and the rule of law in a deeper way than this has been discussed in the past, in particular in a way that reflects realistic understanding of how property rights are created and modified. I use the Lockean phrase "the measure of property" but the gist of my argument will be that our thinking about the rule of law needs to focus on all the ways in which property is non-Lockean in its origin, legal status, and moral force. In the course of doing this, I will be looking at some of the rather naive assumptions underlying the tight connection that has been forged between property rights and the rule of law in neo-liberal political economy. And I will argue that we can abandon or modify some of these naive assumptions about property without compromising the very great importance that is properly attached to the ideal of the rule of law. There are three lectures in all. Unfortunately the original lecture titles are not a good indication of the eventual contents. Lecture 1 was called "The Classical Lockean Picture and its Difficulties" and it mainly addresses the alleged contrast between (a) the rule of law and (b) rule by law, and the suggestion that property rights might be privileged under (a). It explores Richard Epstein's version of this idea and then it spends some time on the Lockean account of property. The argument is that in the real world even Lockean property has an inescapable public law dimension. Lecture 2 was called "Unraveling the Form and Substance of Property," but it is really about the contrast between formal/procedural and substantive views of the rule of law and the dificulties inherent in identifying respect for private property rights as a substantive dimension of the rule of law. The argument is that given the accordion-like expandability of the category of property, this cannot work to privilege property rights over other legal rights etc. Lecture 3 was called "The Rule of Law, Property, and Legislation" and it is a defense of legislation, including regulatory and redistributive legislation in light of the rule of law. Readers should note that although I spend a lot of time discussing the fact situation in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), these lectures are not lectures in American constitutional law, nor do they aim to build pathways through the swamp of US takings jurisprudence.
Author: Paul Gowder
Publisher: Cambridge University Press
ISBN: 131649554X
Category : Law
Languages : en
Pages : 289
Get Book Here
Book Description
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.
Author: Mark Elliott
Publisher: Cambridge University Press
ISBN: 1107029759
Category : Law
Languages : en
Pages : 295
Get Book Here
Book Description
A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.
Author: Michael Albertus
Publisher: Cambridge University Press
ISBN: 1108835236
Category : Business & Economics
Languages : en
Pages : 417
Get Book Here
Book Description
A new understanding of the causes and consequences of incomplete property rights in countries across the world.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Jens Meierhenrich
Publisher: Cambridge University Press
ISBN: 1108620175
Category : Law
Languages : en
Pages : 715
Get Book Here
Book Description
The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
