The Rule of Law and the Measure of Property [Hardcover]

A clear, critical and direct account of the relation between the Rule of Law and the protection of private property.In this book, developed from the 2011 Hamlyn Lectures, Jeremy Waldron examines the nature of the relationship between property rights and the Rule of Law in which he uses the clash between property rights and environmental legislation to give us a deeper understanding of the Rule of Law.In this book, developed from the 2011 Hamlyn Lectures, Jeremy Waldron examines the nature of the relationship between property rights and the Rule of Law in which he uses the clash between property rights and environmental legislation to give us a deeper understanding of the Rule of Law.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.1. The classical Lockean picture and its difficulties; 2. A substantive Rule of Law?; 3. In defense of legislation. This accessible and highly engaging book shows Waldron's versatility as he moves from the Lucas case on constitutional protection for beachfront property besieged by environmental legislation to work on the rule of law by Dicey, Epstein, Hayek, and Raz. At every point WaldronlC'