Thoughtfulness and the Rule of Law

By (author) Jeremy Waldron

ISBN13: 9780674303607

Imprint: Harvard University Press

Publisher: Harvard University Press

Format: Paperback / softback

Published: 14/04/2026

Availability: Not yet available

Description
An essential study of the rule of law by one of the world’s leading liberal political and legal philosophers. For many, the rule of law is the essence of good government. Jeremy Waldron takes a different view, arguing that a relatively thin version of the rule of law is more compatible with goals like democracy, human rights, economic freedom, and social justice. This timely essay collection is a brief on behalf of thoughtfulness: the intervention of human intelligence in the application of law. Against the claim that thoughtfulness threatens to replace the rule of law with the arbitrary rule of people, Waldron shows that the rule of law in fact requires thoughtfulness. It is impossible to apply a standard such as “reasonableness” on the basis of rules alone, and common legal activities like arguing in court and reasoning from precedents are poorly served by algorithmic logics. Waldron emphasizes the value of procedure rather than the outcome of legal decisions. A rich compilation, Thoughtfulness and the Rule of Law 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 law’s role in guiding action.
  • Jurisprudence & general issues
  • Ethics & moral philosophy
  • Professional & Vocational
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List Price: £20.95