The Rule of Law and the Measure of PropertyWhen 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. |
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administrative argued auspices benefit Bentham Bingham Book Cambridge University Press Carolina Coastal Council Chapter Common Law conception concerns Constitution contracts defined definition democracy Dicey enacted enforcement environmental erty expectations F. A. Hayek figure find first formal and procedural Fuller’s H. L. A. Hart Hamlyn human rights Ibid Ieremy Waldron important insist interest John Locke Joseph Raz Justice land Law and private Law Review law-making Law’s lectures legal system legislative due process legislature Liberty Locke’s Lockean Lord Lucas Lucas’s morality natural law Nozick ofLaw owner ownership Oxford people’s positive law principles private law private property privileges prop property rights protect public law regulation requires respect restrictions Richard Epstein Robert Barro Robert Nozick Rule of Law Rule-of-Law ideal social society sort South Carolina Coastal specifically stability standing laws statute substantive dimension Takings Clause theory things tion World Bank Zealand