The Hamlyn Lectures 2011
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Author | : Jeremy Waldron |
Publisher | : Cambridge University Press |
Total Pages | : 133 |
Release | : 2012-06-21 |
Genre | : Law |
ISBN | : 1139576984 |
Download The Rule of Law and the Measure of Property Book in PDF, Epub and Kindle
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 J. Waldron |
Publisher | : |
Total Pages | : |
Release | : 2011 |
Genre | : |
ISBN | : |
Download The Hamlyn Lectures 2011 Book in PDF, Epub and Kindle
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 | : Hazel G. Genn |
Publisher | : Cambridge University Press |
Total Pages | : 229 |
Release | : 2010 |
Genre | : Law |
ISBN | : 0521118948 |
Download Judging Civil Justice Book in PDF, Epub and Kindle
A trenchant critique of developments in civil justice that questions modern orthodoxy and points to a downgrading of civil justice.
Author | : Andrew Burrows |
Publisher | : Cambridge University Press |
Total Pages | : 165 |
Release | : 2018-08-02 |
Genre | : Law |
ISBN | : 1108475019 |
Download Thinking About Statutes Book in PDF, Epub and Kindle
A practical and lively discussion of the English Law on statutes.
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Total Pages | : 0 |
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Download Hamlyn Lectures (STOM). Book in PDF, Epub and Kindle
Author | : Thomas Sharpe |
Publisher | : Wildy, Simmonds & Hill Publishing |
Total Pages | : 136 |
Release | : 2012 |
Genre | : Law |
ISBN | : |
Download Sir Thomas More Lectures 2010 and 2011 Book in PDF, Epub and Kindle
The Lincoln's Inn Annual European Law Conference brings together some of the most illustrious figures in the world of European Law and Human Rights. This volume reproduces the text of the lectures.
Author | : Thomas H. Bingham |
Publisher | : Cambridge University Press |
Total Pages | : 105 |
Release | : 2010-05-20 |
Genre | : Law |
ISBN | : 0521199352 |
Download Widening Horizons Book in PDF, Epub and Kindle
A description of the recent growth of an internationalist outlook in British courts.
Author | : Conor Gearty |
Publisher | : Cambridge University Press |
Total Pages | : 192 |
Release | : 2006-05-18 |
Genre | : Political Science |
ISBN | : 131645052X |
Download Can Human Rights Survive? Book in PDF, Epub and Kindle
In this set of three essays, originally presented as the 2005 Hamlyn Lectures, Conor Gearty considers whether human rights can survive the challenges of the war on terror, the revival of political religion, and the steady erosion of the world's natural resources. He also looks deeper than this to consider the fundamental question: How can we tell what human rights are? In his first essay, Gearty asks how the idea of human rights needs to be made to work in our age of relativism, uncertainty and anxiety. In the second, he assesses how the idea of human rights has coped with its incorporation in legal form in the UK Human Rights Act, arguing that the record is much better and more democratic than many human rights enthusiasts allow. In his final essay, Gearty confronts the challenges that may destroy the language of human rights for the generations that follow us.
Author | : Stephen Sedley |
Publisher | : Cambridge University Press |
Total Pages | : 447 |
Release | : 2011-02-24 |
Genre | : Law |
ISBN | : 1139497146 |
Download Ashes and Sparks Book in PDF, Epub and Kindle
As a practising barrister, the Rt. Hon. Lord Justice Sedley wrote widely on legal and non-legal matters, and continued to do so after becoming a judge in 1992. This anthology contains classic articles, previously unpublished essays and lecture transcripts. To each, he has added reflections on what has transpired since or an explanation of the British legal and political context that originally prompted it. Covering the history, engineering and architecture of the justice system, their common theme relates to the author's experiences as a barrister and judge, most notably in relation to the constitutional changes which have emerged in the last twenty years in the United Kingdom.
Author | : Jeremy Waldron |
Publisher | : Cambridge University Press |
Total Pages | : 133 |
Release | : 2012-06-21 |
Genre | : Law |
ISBN | : 1107024463 |
Download The Rule of Law and the Measure of Property Book in PDF, Epub and Kindle
The classical Lockean picture and its difficulties -- A substantive Rule of Law? -- In defense of legislation.