Jeremy Waldron
Biographic Data
| ID | 493386 |
|---|---|
| NAME | Jeremy Waldron |
| GIVEN NAMES | Jeremy |
| FAMILY NAME | Waldron |
| SIGNATURE | WALDRON J |
| AFFILIATIONS | New York Law School |
| ORCID | 0000-0003-4083-1119 |
| VERIFIED | Yes |
| TOTAL WORKS | 91 |
| TOTAL CITATIONS | 424 |
| AUTHOR COUNT | 89 |
| EDITOR COUNT | 2 |
| FIRST PUBLICATION YEAR | 1979 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 10 |
From form and procedure to substance
Law As Religion, Religion As Law
Supersession: A reply
This article discusses the author’s supersession thesis and responds to several critical reflections on supersession by authors Gordon Christie, Burke Hendrix, Julio Montero, Esme Murdock, Seunghyun Song, Jeff Spinner-Halev, and Santiago Truccone-Borgogno
The rule of law and the role of courts
What role do courts play in advancing or upholding the political ideal that we call ‘the rule of law’? Does the rule of law require that courts should have authority over all other branches of government, including the legislature? And does it impose constraints on the sort of reasoning and decision-making that courts engage in? This article explores an array of possible answers to these questions, and considers the possibility that the ascendanc…
The Cosmopolitanisms of Citizenship
Recovering the cosmopolitanism of the medieval Catholic university, Jeremy Waldron offers an eloquent update of what Hollinger would call the “old” cosmopolitanism that is both particular and universal. For him, differences have been overvalued. Whatever their usefulness to a grade school teacher introducing children to the larger world, differences may not define how actual people around the world see themselves or experience the world. Monothei…
What Plato Would Allow
With 16 original essays all published here for the first time, Theory and Practice focuses on the relationship between philosophical tradition and everyday life in the Western tradition. In this comprehensive volume, Ian Shapiro and Judith Wagner DeCew have gathered contributions from some of the most influential thinkers of our generation including Cass Sunnstein, Jean Bethke Elshtain, Martha Nussbaum, Jeremy Waldron, and Kent Greenwalt. What ar…
Debate: Taking Offense: A Reply
Democratizar la dignidad. Estudios sobre dignidad humana y derechos. Serie intermedia de teoría jurísdica N.° 22
Dirtying One’s Hands by Sharing a Polity with Others
There are all sorts of ways in which one can dirty one’s hands in politics. The classic problem is that of the political leader who finds he has to act immorally for the sake of the greater good. But some dirty-hands problems are more mundane. They arise out of the fact that one acts in politics alongside others, particularly in a democracy, and so one is not always in control of the values and principles that are being put into play. This happen…
Boundaries of Authority
A. John Simmons is one of our most distinguished theorists of political obligation. His early book Moral Principles and Political Obligations (Princeton University Press, 1979) set the standard for philosophical writing about what we owe to the state in the way of support for its institutions and obedience to its laws, and he pursued this same theme in Justification and Legitimacy: Essays on Rights and Obligations (Cambridge University Press, 200…
One Another’s Equals: The Basis of Human Equality
An enduring theme of Western philosophy is that we are all one another's equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another's equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.
When Justice Replaces Affection: The Need for Rights
Superseding Historic Injustice
The history of white settlers’ dealings with the aboriginal peoples of Australia, New Zealand, and North America is largely a history of injustice. People, or whole peoples, were attacked, defrauded, and expropriated; their lands were stolen and their lives were ruined. What are we to do about these injustices? We know what we should think about them: they are to be studied and condemned, remembered and lamented. But morality is a practical matte…
Political Political Theory: Essays on Institutions
Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues
Political Political Theory: Essays on Institutions
"Political institutions are or ought to be the main subject of political theory. The essays in this collection are works of political theory devoted specifically to the institutions and institutional principles of modern democracy. They illustrate the author's contention in the opening chapter that the theory of politics needs to reorient itself so that it is not just the study of social justice. Institutions need to be taken seriously, by normat…
Death Squads and Death Lists: Targeted Killing and the Character of the State
Accountability: Fundamental to Democracy
Civility and Formality
Civility is a distinctive virtue in social and political relations, not an all-embracing one. In this paper, I suggest that civility is also a "chilly" virtue, associated more with formality than with niceness; that is, I argue that its importance is best accounted for on this basis. I pursue the theme of formality in a number of different areas: formality in market relations; formality in political inclusiveness; formality in the willingness to …
Nonsense upon Stilts (Routledge Revivals): Bentham, Burke and Marx on the Rights of Man
In Nonsense upon Stilts ̧ first published in 1987, Waldron includes and discusses extracts from three classic critiques of the idea of natural rights embodied in the 1789 Declaration of the Rights of Man and the Citizen. Each text is prefaced by an historical introduction and an analysis of its main themes. The collection as a whole in introduced with an essay tracing the philosophical background to the three critiques as well as the eighteenth-c…
Justice for Hedgehogs
“The fox knows many things,” said Isaiah Berlin (2013, 1), translating a fragment of Antilochus, “but the hedgehog knows one big thing.” There are those—the foxes, “seers of many things”—who appreciate the plurality of goods, fascinated by values and principles of the most diverse kinds. And then there are the hedgehogs, “who see only one big usually incomplete thing.” The title of Ronald Dworkin's book suggests that he prided himself on falling …
Human Rights: A Critique of the Raz/Rawls Approach
Citizenship and Dignity
Theories of dignity have to navigate between two conceptions: the egalitarian idea of human dignity and the old idea of dignitas , connected with hierarchy, rank, and office. One possible way of bridging the gap between the two is to talk of the dignity of the citizen . In modern republics and democracies, the dignity of the citizen extends to a large sector of the population and connotes something about the general quality of the relation betwee…
The Harm in Hate Speech
Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious lead…
Veil Politics in Liberal Democratic States
Dignity, rank, and rights
What is Cosmopolitan
Security and Liberty: The Image of Balance
Citizenship, Social Citizenship and the Defence of Welfare Provision
This article analyses the normative status of claims to the social rights of citizenship in the light of New Right criticisms of the welfare state. The article assesses whether there is any normative justification for treating welfare provision and citizenship as intrinsically linked. After outlining T. H. Marshall's conception of citizenship the article reviews its status in relation to: traditional arguments about citizenship of the polity; rel…
Theoretical Foundations of Liberalism
Journal Article Theoretical Foundations of Liberalism Get access Jeremy Waldron Jeremy Waldron University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 37, Issue 147, April 1987, Pages 127–150, https://doi.org/10.2307/2220334 Published: 01 April 1987
Political Political Theory: An Inaugural Lecture
Democratic Theory and the Public Interest: Condorcet and Rousseau Revisited
Bernard Grofman and Scott Feld argued in the June 1988 issue of thisReviewthat Jean-Jacques Rousseau's contributions to democratic political theory could be illuminated by invoking the theorizing of one of his eighteenth-century contemporaries, the Marquis de Condorcet, about individual and collective preferences or judgments. Grofman and Feld's claims about collective consciousness and the efficacy of the public interest provoke debate. One focu…
The Wisdom of the Multitude: Some Reflections on Book 3, Chapter 11 of Aristotle's Politics
L'A. mesure l'importance theorique de la doctrine de la sagesse et de la multitude developpee par Aristote dans la «Politique» (III, 11), pour comprendre les themes centraux de sa philosophie politique. En particulier, la doctrine s'inscrit dans le debat politique essentiel a Athenes concernant la place de l'individu dans la polis
John Locke: Social Contract Versus Political Anthropology
In theSecond Treatise, John Locke presents two stories about the development of political society: (1) the dramatic story of the state of nature and social contract; and (2) a more gradualist account of the evolution of political society “by an insensible change” out of the family group. The relation between these two accounts is analyzed in order to deal with familiar objections about the historical truth and internal consistency of contract the…
Mill and the Value of Moral Distress
People are sometimes distressed by the bare knowledge that lifestyles are being practised or opinions held which they take to be immoral. Is this distress to be regarded as harm for the purposes of Mill's Harm Principle? I argue, first, that this is an issue that is to be resolved not by analysis of the concept of harm but by reference to the arguments in On Liberty with which the Harm Principle is supported. Secondly, I argue that reference to t…
Redressing Historic Injustice
Jeremy Waldron, Redressing Historic Injustice, The University of Toronto Law Journal, Vol. 52, No. 1, Liberal Democracy and Tribal Peoples: Group Rights in Aotearoa/New Zealand (Winter, 2002), pp. 135-160
Are Sovereigns Entitled to the Benefit of the International Rule of Law
The applicability of the ideal we call 'the Rule of Law' (ROL) in international law (IL) is complicated by (1) the fact that there is no overarching world government from whom we need protection (of the sort that the ROL traditionally offers) and it is also complicated by (2) the fact that IL affects states, in the first instance, rather than individuals (for whose sake we usually insist on ROL requirements). The article uses both these ideas as …
Enough and as Good Left for Others
In ?27 of the Second Treatise of Government,l John Locke puts forward his account of how a man may legitimately appropriate goods from the state of nature for his private use by mixing his labour with them: Whatsoever then he removes out of the State that Nature hath provided, and left it in, he hath mixed his Labour with, and joyned to it something that is his own, and thereby makes it his Property. It being by him removed from the common state …
Dignity and Rank: In memory of Gregory Vlastos (1907-1991)
This paper considers the meaning conveyed by the term "dignity" in human rights discourse. It considers various ambiguities associated with the term (e.g. Does it describe the content or the ground of certain rights?) as well as alternative accounts of the kind of meaning that "dignity" has (descriptive or evaluative, technical or ordinary language). The second part of the paper argues that the distinctive contribution that "dignity" makes to hum…
Homelessness and Community
Death Squads and Death Lists: Targeted Killing and the Character of the State
Response to Critics
I am grateful to all the participants in this symposium for the attention they have paid to my arguments in God, Locke, and Equality (GLE) and for the kind things they say about the book. I am grateful, too, to the editors of this Review for offering me the opportunity to respond. In this brief note, I want to answer some of the criticisms that have been made of my interpretation, particularly in regard to Locke's account of the underpinnings of …
Can communal goods be human rights
There is talk today of a 'new generation' of human rights. An idea which was associated in the first instance with civil and political liberties ('first generation' rights), and which was used after the Second World War to express popular aspirations to economic and social well-being ('second generation' rights), is now being invoked as a vehicle for claims about the importance of the environment, peace, and economic development, particularly in …
Welfare and the Images of Charity
Journal Article Welfare and the Images of Charity Get access Jeremy Waldron Jeremy Waldron University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 36, Issue 145, October 1986, Pages 463–482, https://doi.org/10.2307/2219874 Published: 01 October 1986
Locke, Tully, and the Regulation of Property
Supersession: A reply
This article discusses the author’s supersession thesis and responds to several critical reflections on supersession by authors Gordon Christie, Burke Hendrix, Julio Montero, Esme Murdock, Seunghyun Song, Jeff Spinner-Halev, and Santiago Truccone-Borgogno
Judicial Review and the Conditions of Democracy
What Can Christian Teaching Add to the Debate about Torture
A national debate on torture has begun in the United States, initiated in the aftermath of the September 11 attacks, fueled by hypothetical “ticking bomb” scenarios, inspired by the attempts of administration lawyers to weaken legal prohibitions, heightened by the ethical dilemmas faced by soldiers, law enforcement officers, and intelligence operatives in the presence of abusive interrogation procedures, and galvanized by public images of the des…
Legislation, Interpretation, and Judicial Review
The Right to Private Property
Enough and as Good Left for Others
In ?27 of the Second Treatise of Government,l John Locke puts forward his account of how a man may legitimately appropriate goods from the state of nature for his private use by mixing his labour with them: Whatsoever then he removes out of the State that Nature hath provided, and left it in, he hath mixed his Labour with, and joyned to it something that is his own, and thereby makes it his Property. It being by him removed from the common state …
A Right to Do Wrong
Two Worries About Mixing One's Labour
Journal Article Two Worries About Mixing One's Labour Get access Jeremy Waldron Jeremy Waldron Lincoln College, Oxford and University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 33, Issue 130, January 1983, Pages 37–44, https://doi.org/10.2307/2219202 Published: 01 January 1983
Locke, Tully, and the Regulation of Property
John Rawls and the Social Minimum
Welfare states are often urged to secure a social minimum for citizens—a level of material well-being beneath which no-one should be permitted to fall. This paper examines the justification for such a claim. It begins by criticising John Rawls's rejection of the social minimum approach to justice in A Theory of Justice: the argument Rawls uses to justify the Difference Principle, based on what he calls ‘the strains of commitment’ in the ‘original…
John Rawls and the Social Minimum
Welfare states are often urged to secure a social minimum for citizens—a level of material well‐being beneath which no‐one should be permitted to fall. This paper examines the justification for such a claim. It begins by criticising John Rawls's rejection of the social minimum approach to justice in A Theory of Justice : the argument Rawls uses to justify the Difference Principle, based on what he calls ‘the strains of commitment’ in the ‘origina…
Political Theory and Methodology
Neal Wood, John Locke and Agrarian Capitalism (Berkeley, University of California Press, 1984) John W. Yolton, Locke: an Introduction (Oxford, Basil Blackwell, 1985) N. Tarcov, Locke's Educationfor Liberty (Chicago, University of Chicago Press, 1984) F. G. Whelan, Order and Artifice in Hume's Political Philosophy (Princeton, N.J., Princeton University Press, 1985) J. Robertson, The Scottish Enlightenment and the Militia Issue (Edinburgh, John Don…
Welfare and the Images of Charity
Journal Article Welfare and the Images of Charity Get access Jeremy Waldron Jeremy Waldron University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 36, Issue 145, October 1986, Pages 463–482, https://doi.org/10.2307/2219874 Published: 01 October 1986
Grounds of Liability: An Introduction to the Philosophy of Law
Journal Article Book Reviews Get access Grounds of Liability: An Introduction to the Philosophy of Law. By Alan R. White. (Oxford: Clarendon Press, 1985. Pp. vi + 128. Price £15.00, pb. £5.95.) Jeremy Waldron Jeremy Waldron University of California, Berkeley Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 37, Issue 146, January 1987, Pages 116–118, https://doi.org/10.2307/2220069 Publis…
Mill and the Value of Moral Distress
People are sometimes distressed by the bare knowledge that lifestyles are being practised or opinions held which they take to be immoral. Is this distress to be regarded as harm for the purposes of Mill's Harm Principle? I argue, first, that this is an issue that is to be resolved not by analysis of the concept of harm but by reference to the arguments in On Liberty with which the Harm Principle is supported. Secondly, I argue that reference to t…
Theoretical Foundations of Liberalism
Journal Article Theoretical Foundations of Liberalism Get access Jeremy Waldron Jeremy Waldron University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 37, Issue 147, April 1987, Pages 127–150, https://doi.org/10.2307/2220334 Published: 01 April 1987
Can communal goods be human rights
There is talk today of a 'new generation' of human rights. An idea which was associated in the first instance with civil and political liberties ('first generation' rights), and which was used after the Second World War to express popular aspirations to economic and social well-being ('second generation' rights), is now being invoked as a vehicle for claims about the importance of the environment, peace, and economic development, particularly in …
Citizenship, Social Citizenship and the Defence of Welfare Provision
This article analyses the normative status of claims to the social rights of citizenship in the light of New Right criticisms of the welfare state. The article assesses whether there is any normative justification for treating welfare provision and citizenship as intrinsically linked. After outlining T. H. Marshall's conception of citizenship the article reviews its status in relation to: traditional arguments about citizenship of the polity; rel…
The Rule of Law in Contemporary Liberal Theory
Existing accounts of the Rule of Law are inadequate and require fleshing out. The main value of the ideal of rule of law for liberal political theory lies in the notion of predictability, which is essential to individual autonomy. The author examines this connection and argues that conservative theories of rule of law claim too much. Liberal theory equates the rule of law with legality, which is only one of the elements necessary for a just socia…
Rights in Conflict
John Locke: Social Contract Versus Political Anthropology
In theSecond Treatise, John Locke presents two stories about the development of political society: (1) the dramatic story of the state of nature and social contract; and (2) a more gradualist account of the evolution of political society “by an insensible change” out of the family group. The relation between these two accounts is analyzed in order to deal with familiar objections about the historical truth and internal consistency of contract the…
Democratic Theory and the Public Interest: Condorcet and Rousseau Revisited
Bernard Grofman and Scott Feld argued in the June 1988 issue of thisReviewthat Jean-Jacques Rousseau's contributions to democratic political theory could be illuminated by invoking the theorizing of one of his eighteenth-century contemporaries, the Marquis de Condorcet, about individual and collective preferences or judgments. Grofman and Feld's claims about collective consciousness and the efficacy of the public interest provoke debate. One focu…
The Right to Private Property
The Right to Private Property
Journal Article Book Reviews Get access The Right to Private Property. By Jeremy Waldron. (Oxford: Clarendon Press, 1988. Pp. viii + 470. Price £40.00.) Dudley Knowles Dudley Knowles University of Glasgow Search for other works by this author on: Oxford Academic Google Scholar The Philosophical Quarterly, Volume 40, Issue 158, January 1990, Pages 116–119, https://doi.org/10.2307/2219975 Published: 01 January 1990
The law
Includes bibliographical references and index
The law
The Substance of Equality
A Review of Speaking of Equality: An Analysis of the Rhetorical Force of "Equality" in Moral and Legal Discourse by Peter Westen
Superseding Historic Injustice
Liberal rights: Collected Papers, 1981-1991
This volume brings together a wide-ranging collection of the papers written by Jeremy Waldron, one of the most internationally highly-respected political theorists writing today. The main focus of the collection is on substantive issues in modern political philosophy. The first six chapters deal with freedom, toleration, and neutrality and argue for a robust conception of liberty. Waldron defends the idea that people have a right to act in ways o…
The Irrelevance of Moral Objectivity
No one should infer from the title of this chapter that objectivity in the sense of fairness, impartiality, or even-handedness is being called irrelevant or unimportant in law or anywhere else. The sense of ‘objectivity’ I mean is less familiar than that. It is the sense invoked when people claim that some moral judgements are objectively true, while others are objectively false.
Political science (76 works) · Law (69 works) · Sociology (63 works) · Political Philosophy and Ethics (52 works) · Philosophy (45 works) · Politics (42 works) · Law and economics (40 works) · Epistemology (30 works) · Law (16 works) · Political philosophy (14 works)