Jeremy Waldron

Last updated

Jeremy Waldron
Born (1953-10-13) 13 October 1953 (age 65)
Alma mater University of Otago
Lincoln College, Oxford
Era Contemporary philosophy
Region Western philosophy
School Analytic
Main interests
Legal philosophy

Jeremy Waldron ( /ˈwɔːldrən/ ; born 13 October 1953) is a New Zealand professor of law and philosophy. He holds a University Professorship at the New York University School of Law and was formerly the Chichele Professor of Social and Political Theory at All Souls College, Oxford University. Waldron also holds an adjunct professorship at Victoria University of Wellington. Waldron is regarded as one of the world's leading legal and political philosophers. [1] [2] [3]

New Zealand Country in Oceania

New Zealand is a sovereign island country in the southwestern Pacific Ocean. The country geographically comprises two main landmasses—the North Island, and the South Island —and around 600 smaller islands. New Zealand is situated some 2,000 kilometres (1,200 mi) east of Australia across the Tasman Sea and roughly 1,000 kilometres (600 mi) south of the Pacific island areas of New Caledonia, Fiji, and Tonga. Because of its remoteness, it was one of the last lands to be settled by humans. During its long period of isolation, New Zealand developed a distinct biodiversity of animal, fungal, and plant life. The country's varied topography and its sharp mountain peaks, such as the Southern Alps, owe much to the tectonic uplift of land and volcanic eruptions. New Zealand's capital city is Wellington, while its most populous city is Auckland.

Law System of rules and guidelines, generally backed by governmental authority

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.

Philosophy Study of general and fundamental questions

Philosophy is the study of general and fundamental questions about existence, knowledge, values, reason, mind, and language. Such questions are often posed as problems to be studied or resolved. The term was probably coined by Pythagoras. Philosophical methods include questioning, critical discussion, rational argument, and systematic presentation. Classic philosophical questions include: Is it possible to know anything and to prove it? What is most real? Philosophers also pose more practical and concrete questions such as: Is there a best way to live? Is it better to be just or unjust? Do humans have free will?

Contents

Early life and education

Waldron attended Southland Boys' High School, and then went on to study at the University of Otago, New Zealand, where he graduated with a B.A. in 1974 and an LL.B. in 1978. He later studied for a D.Phil. at Lincoln College, Oxford under legal philosopher Ronald Dworkin and political theorist Alan Ryan; Waldron graduated in 1986. [4]

Southland Boys' High School (SBHS) is an all-boys school in Invercargill, New Zealand, and has been the only one in the city since Marist Brothers was merged with St Catherines to form Verdon College in 1982.

University of Otago university in New Zealand

The University of Otago is a collegiate university based in Dunedin, Otago, New Zealand. It scores highly for average research quality, and in 2006 was second in New Zealand only to the University of Auckland in the number of A-rated academic researchers it employs. In the past it has topped the New Zealand Performance Based Research Fund evaluation.

A Bachelor of Arts is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, sciences, or both. Bachelor of Arts programs generally take three to four years depending on the country, institution, and specific specializations, majors, or minors. The word baccalaureus should not be confused with baccalaureatus, which refers to the one- to two-year postgraduate Bachelor of Arts with Honors degree in some countries.

Career

He also taught legal and political philosophy at Otago (1975–78), Lincoln College, Oxford (1980–82), the University of Edinburgh, Scotland (1983–87), the Jurisprudence and Social Policy Program at Boalt Hall School of Law at Berkeley (1986–96), Princeton University (1996–97), and Columbia Law School (1997–2006). He has also been a visiting professor at Cornell (1989–90), Otago (1991–92) and Columbia (1995) Universities. Currently at NYU he teaches Rule of Law, Jurisprudence, seminars on Property and Human Dignity and regularly hosts the Colloquium on Legal, Social and Political Philosophy, founded by Ronald Dworkin and Thomas Nagel in 1987, and currently convened by Liam Murphy, Samuel Scheffler, and Waldron. [5]

Lincoln College, Oxford college of the University of Oxford

Lincoln College is one of the constituent colleges of the University of Oxford, situated on Turl Street in central Oxford. Lincoln was founded in 1427 by Richard Fleming, then Bishop of Lincoln.

University of Edinburgh public research university in Edinburgh, Scotland

The University of Edinburgh, founded in 1582, is the sixth oldest university in the English-speaking world and one of Scotland's ancient universities. The university has five main campuses in the city of Edinburgh, with many of the buildings in the historic Old Town belonging to the university. The university played an important role in leading Edinburgh to its reputation as a chief intellectual centre during the Age of Enlightenment, and helped give the city the nickname of the Athens of the North.

Scotland

Scotland is a country that is part of the United Kingdom. It covers the northern third of the island of Great Britain, with a border with England to the southeast, and is surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast, the Irish Sea to the south, and more than 790 islands, including the Northern Isles and the Hebrides.

Waldron gave the second series of Seeley Lectures at Cambridge University in 1996, the 1999 Carlyle Lectures at Oxford, the spring 2000 University Lecture at Columbia Law School, the Wesson Lectures at Stanford University in 2004, the Storrs Lectures at Yale Law School in 2007, and the Gifford Lectures at the University of Edinburgh in 2015. He was elected to the American Academy of Arts and Sciences in 1998.

University of Cambridge University in Cambridge, United Kingdom

The University of Cambridge is a collegiate public research university in Cambridge, United Kingdom. Founded in 1209 and granted a Royal Charter by King Henry III in 1231, Cambridge is the second-oldest university in the English-speaking world and the world's fourth-oldest surviving university. The university grew out of an association of scholars who left the University of Oxford after a dispute with the townspeople. The two 'ancient universities' share many common features and are often referred to jointly as 'Oxbridge'. The history, influence and wealth of the University of Cambridge has made it one of the most prestigious universities in the world.

University of Oxford University in Oxford, United Kingdom

The University of Oxford is a collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the world's second-oldest university in continuous operation after the University of Bologna. It grew rapidly from 1167 when Henry II banned English students from attending the University of Paris. After disputes between students and Oxford townsfolk in 1209, some academics fled north-east to Cambridge where they established what became the University of Cambridge. The two ancient universities are frequently jointly called Oxbridge. The history and influence of the University of Oxford has made it one of the most prestigious universities in the world.

Columbia University Private Ivy League research university in New York City

Columbia University is a private Ivy League research university in New York City. Established in 1754, Columbia is the oldest institution of higher education in New York and the fifth-oldest institution of higher learning in the United States. It is one of nine colonial colleges founded prior to the Declaration of Independence, seven of which belong to the Ivy League. It has been ranked by numerous major education publications as among the top ten universities in the world.

In 2005, Waldron received an honorary doctorate from the University of Otago, his alma mater.

Alma mater school or university that a person has attended

Alma mater is an allegorical Latin phrase for a university, school, or college that one formerly attended. In US usage, it can also mean the school from which one graduated. The phrase is variously translated as "nourishing mother", "nursing mother", or "fostering mother", suggesting that a school provides intellectual nourishment to its students. Fine arts will often depict educational institutions using a robed woman as a visual metaphor.

In 2019 a Professorial Chair in Jurisprudence was created in his name at the University of Otago. [6]

Waldron is a liberal and a normative legal positivist. He has written extensively on the analysis and justification of private property and on the political and legal philosophy of John Locke. He is an outspoken opponent of judicial review and of torture, both of which he believes to be in tension with democratic principles. He believes that hate speech should not be protected by the First Amendment. [7] His later work is devoted to providing a non-religious and non-Kantian concept of human dignity, based on a thought experiment of leveling up all human beings to the high rank of nobility or aristocracy, thus constituting a single rank or caste. He has been working on this topic since he gave the Tanner Lectures on the subject in 2009, published in 2012 as Dignity, Rank and Rights. [8]

Waldron has also criticised analytic legal philosophy for its failure to engage with the questions addressed by political theory.

Criticism of judicial review

Sandrine Baume has identified Jeremy Waldron and Bruce Ackerman as leading critics of the "compatibility of judicial review with the very principles of democracy". [9] Baume identified John Hart Ely alongside Dworkin as the foremost defenders of this principle in recent years, while the opposition to this principle of "compatibility" were identified as Bruce Ackerman [10] and Jeremy Waldron. [11] In contrast to Waldron and Ackerman, Dworkin was a long-time advocate of a moral reading of the United States Constitution, whose lines of support he sees as strongly associated with enhanced versions of judicial review in the federal government.

A staunch defender of the principle of democratic legislation, in an article titled "The Core of the Case against Judicial Review", Waldron has argued for a limited role for judicial review in a robust democratic government. [12] Waldron asserts that there is no inherent advantage to a judiciary's protection of rights than to a legislature's if (1) there is a broadly democratic political system with appropriate suffrage and process, [13] (2) there is a system of courts somewhat insulated from popular pressure and engaged in judicial review, [14] there is a general commitment to rights, [15] and there is disagreement as to the content and extent of rights. [16] Even so, Waldron does not argue against the existence of judicial review, which may be appropriate when there is institutional dysfunction. In this case, the defense of judicial review compatible with democracy is limited to remedies for that dysfunction and are neither unlimited nor universal. Thus Waldron places his view of judicial review in the tradition of Justice Harlan Fiske Stone. [17]

Affinity with judicial minimalism

In a review of a 2015 book by Cass Sunstein, Waldron has stated that between the polarity represented by judges who can be "heroic" in the interpretation of their judgments and those who abstain, that his preference would be sympathetic to a position which could be described as "judicial minimalism". Waldron states his examples of such judges as including Sandra O'Connor, Ruth Ginsburg, and Felix Frankfurter. [18]

Publications

Books

Articles

Related Research Articles

Jurisprudence theoretical study of law, by philosophers and social scientists

Jurisprudence or legal theory is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.

Philosophy of law Branch of philosophy examining the nature of law

Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.

Legal positivism is a school of thought of analytical jurisprudence largely developed by legal thinkers in the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism set the theoretical foundations for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that:

Ronald Dworkin American legal philosopher

Ronald Myles Dworkin, FBA was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to renowned philosopher H. L. A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."

H. L. A. Hart 1907–1992; British legal philosopher

Herbert Lionel Adolphus Hart, FBA, usually cited as H. L. A. Hart, was a British legal philosopher, and a major figure in political and legal philosophy. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. His most famous work is The Concept of Law, which has been hailed as "the most important work of legal philosophy written in the twentieth century". He is considered one of the world's foremost legal philosophers in the twentieth century, alongside Hans Kelsen.

Hans Kelsen Austrian lawyer

Hans Kelsen was an Austrian jurist, legal philosopher and political philosopher. He is author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria, Kelsen left for Germany in 1930 but was forced to leave this university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time." While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology.

John Gardner FBA was a Scottish legal philosopher. He was senior research fellow at All Souls College, Oxford University, and prior to that the Professor of Jurisprudence at the University of Oxford and fellow of University College, Oxford.

Leslie John Green is a Scottish-Canadian scholar in the analytic philosophy of law, or jurisprudence as it is often called by academic lawyers. He is Professor of the Philosophy of Law and Fellow of Balliol College, Oxford University, and Professor of Law and Distinguished Faculty Fellow at Queen's University, Kingston.

Robert Katzmann American judge

Robert Allen Katzmann is the Chief United States Circuit Judge of the United States Court of Appeals for the Second Circuit. He became Chief Judge on September 1, 2013.

Bruce Arnold Ackerman is an American constitutional law scholar. He is a Sterling Professor at Yale Law School.

Alon Harel Israeli academic

Alon Harel is a law professor at the Hebrew University of Jerusalem, where he holds the Phillip P. Mizock & Estelle Mizock Chair in Administrative and Criminal Law. He was educated at the Hebrew University of Jerusalem, Yale University, and Balliol College, Oxford. He has been a visiting professor at Columbia University, Harvard University, the University of Toronto, the University of Texas at Austin, and the University of Chicago.

Brian Leiter American philosopher and legal scholar

Brian Leiter is an American philosopher and legal scholar who is Karl N. Llewellyn Professor of Jurisprudence at the University of Chicago Law School and founder and Director of Chicago's Center for Law, Philosophy & Human Values. A review in Notre Dame Philosophical Reviews described Leiter as "one of the most influential legal philosophers of our time", while a review in The Journal of Nietzsche Studies described Leiter's book Nietzsche on Morality (2002) as "arguably the most important book on Nietzsche's philosophy in the past twenty years."

Matthew Henry Kramer FBA is an American philosopher, currently Professor of Legal and Political Philosophy at the University of Cambridge and a Fellow of Churchill College, Cambridge. He writes mainly in the areas of metaethics, normative ethics, legal philosophy, and political philosophy. He is a leading proponent of legal positivism. He has been Director of the Cambridge Forum for Legal and Political Philosophy since 2000. He has been teaching at Cambridge University and at Churchill College since 1994.

Jules Leslie Coleman is a scholar of law and jurisprudence. He was the Wesley Newcomb Hohfeld Professor of Jurisprudence and Professor of Philosophy at Yale Law School until 2012. Now retired, he most recently served as the Senior Vice Provost for Academic Planning at New York University.

John Tasioulas is a Greek-Australian moral and legal philosopher. He is the inaugural Yeoh Professor of Politics, Philosophy and Law at The Dickson Poon School of Law, King's College London and Director of the Yeoh Tiong Lay Centre for Politics, Philosophy, and Law. He holds dual Australian and British citizenship.

Stephen R. Perry is a Canadian scholar in the fields of jurisprudence and political philosophy. He is the John J. O'Brien Professor of Law and Professor of Philosophy at the University of Pennsylvania Law School, and Director of the Institute of Law & Philosophy.

Gerald Allan Cohen, known as G. A. Cohen or Jerry Cohen, was a Canadian Marxist political philosopher who held the positions of Quain Professor of Jurisprudence, University College London and Chichele Professor of Social and Political Theory, All Souls College, Oxford.

Rae Helen Langton, FBA is an Australian and British professor of philosophy. She is currently the Knightbridge Professor of Philosophy at the University of Cambridge. She has published widely on Immanuel Kant's philosophy, moral philosophy, political philosophy, metaphysics, and feminist philosophy. She is also well known for her work on pornography and objectification.

<i>Determinatio</i> authoritative determination by the legislator concerning the application of practical principles

A determinatio is an authoritative determination by the legislator concerning the application of practical principles, that is not necessitated by deduction from natural or divine law but is based on the contingencies of practical judgement within the possibilities allowed by reason.

<i>Laws Empire</i>

Law's Empire is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century. The book notably introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules.

References

  1. http://blogs.law.nyu.edu/magazine/2006/jeremy-waldron/
  2.  . "Columbia News ::: Rosalind Krauss, Jeremy Waldron Named University Professors". Columbia.edu. Retrieved 1 August 2019.
  3. Moyn, Samuel (16 October 2013). "Dignity's Due". The Nation. Retrieved 1 August 2019.
  4. Faculty Jeremy Waldron. "Jeremy Waldron - Biography | NYU School of Law". Its.law.nyu.edu. Retrieved 1 August 2019.
  5. "Colloquium in Legal, Political, and Social Philosophy | NYU School of Law". Law.nyu.edu. Retrieved 1 August 2019.
  6. 12:03pm. "New Chair of Jurisprudence for Otago , News and events, Division of Humanities, University of Otago, New Zealand". Otago.ac.nz. Retrieved 1 August 2019.
  7. Voices on Antisemitism Interview with Jeremy Waldron from the U.S. Holocaust Memorial Museum
  8. ENR // AgencyND // University of Notre Dame (15 August 2013). "Dignity, Rank, and Rights // Reviews // Notre Dame Philosophical Reviews // University of Notre Dame". Ndpr.nd.edu. Retrieved 1 August 2019.
  9. Baume, Sandrine (2011). Hans Kelsen and the Case for Democracy, ECPR Press, pp53-54.
  10. Ackerman, Bruce (1991). We the People.
  11. Waldron, Jeremy (2006). "The Core of the case against judicial review," The Yale Law Review, 2006, Vol. 115, pp 1346-1406.
  12. Jeremy Waldron, "The Core of the Case against Judicial Review," 115 Yale Law Review 1346 (2006).
  13. Id. at 3161
  14. Id. at 1363
  15. Id. at 1366.
  16. Id. at 1367.
  17. Id at 1403, citing United States v. Carolene Products Co., 304 U.S. 144, 153 n.4 (1938).
  18. Jeremy Waldron. Review of Cass Sunstein. The New York Review of Books, March 1, 2016.
  19. "Microsoft Word - Waldron.doc" (PDF). Retrieved 1 August 2019.
Academic offices
Preceded by
G. A. Cohen
Chichele Professor of
Social and Political Theory

2010–present
Incumbent