Thoughtfulness and the Rule of Law

One of the world's leading liberal political and legal philosophers, Jeremy Waldron, examines the rule of law in this essential study. He argues that the rule of law is just one star in a constellation of ideals that define our political morality and that thoughtfulness is necessary to apply the law. He also addresses the place of law in protecting human dignity, the relation between rule of law and legislation, and whether vagueness in the law is at odds with its role in guiding action.

Format: Hardback
Length: 336 pages
Publication date: 05 December 2023
Publisher: Harvard University Press

The significance and value of the rule of law have been extensively debated throughout history. For many, it has emerged as the fundamental cornerstone of effective governance. However, Jeremy Waldron presents a distinct perspective, contending that the rule of law is merely one star among a constellation of ideals that shape our political morality. These ideals include democracy, human rights, economic freedom, and social justice. In this timely collection of essays, Waldron advocates for the role of thoughtfulness in the application of law. He vehemently defends thoughtfulness against the assertion that it could undermine the rule of law by replacing it with the arbitrary authority of individuals. On the contrary, Waldron argues that the rule of law necessitates thoughtfulness, as it is impossible to apply a standard such as "reasonableness" solely based on rules alone. Common legal practices, such as arguing in court and drawing upon precedents, are inadequately served by algorithmic logics.

This comprehensive compilation also explores the role of law in safeguarding human dignity, the interplay between the rule of law and legislation, and the potential conflicts between vagueness in the law and its role in guiding action. Thoughtfulness and the Rule of Law emphasizes the importance of procedures rather than the substance or outcome of legal decisions. Challenging the notion that predictability and clarity are paramount virtues, Waldron demonstrates that real-world controversies often require a relatively narrow understanding of the rule of law, coupled with the thoughtfulness that a legal system engenders and facilitates.

In conclusion, Jeremy Waldron's Thoughtfulness and the Rule of Law offers a thought-provoking exploration of the meaning, value, and role of the rule of law in contemporary society. Through his nuanced and insightful arguments, Waldron challenges prevailing perspectives and advocates for a more thoughtful approach to the application of law. This collection is a valuable resource for scholars, policymakers, and individuals interested in understanding the complexities of law and governance.

Dimension: 235 x 156 (mm)
ISBN-13: 9780674290778