Jeremy Waldron
   HOME

TheInfoList



OR:

Jeremy Waldron (; born 13 October 1953) is a
New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
professor of
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
and
philosophy Philosophy (from , ) is the systematized study of general and fundamental questions, such as those about existence, reason, knowledge, values, mind, and language. Such questions are often posed as problems to be studied or resolved. Some ...
. He holds a University Professorship at the
New York University School of Law New York University School of Law (NYU Law) is the law school of New York University, a private research university in New York City. Established in 1835, it is the oldest law school in New York City and the oldest surviving law school in New ...
, is affiliated with the
New York University Department of Philosophy The New York University Department of Philosophy is ranked 1st in the US and 1st in the English-speaking world as of the most recent edition of the ''Philosophical Gourmet Report'' from 2021 (as well as in the 2017, 2014, 2011, 2009, and 2006 edi ...
, and was formerly the
Chichele Professor of Social and Political Theory Chichele is a surname. Notable people with the surname include: * Henry Chichele ( 1364–1443), English religious leader **Chichele Professorship The Chichele Professorships are statutory professorships at the University of Oxford named in honou ...
at
All Souls College All Souls College (official name: College of the Souls of All the Faithful Departed) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full members of t ...
,
Oxford University Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
. Waldron also holds an adjunct professorship at
Victoria University of Wellington Victoria University of Wellington ( mi, Te Herenga Waka) is a university in Wellington, New Zealand. It was established in 1897 by Act of Parliament, and was a constituent college of the University of New Zealand. The university is well know ...
. Waldron is regarded as one of the world's leading legal and political philosophers.


Early life and education

Waldron attended
Southland Boys' High School 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. History SBHS was founded in 1881 an ...
, and then went on to study at the
University of Otago , image_name = University of Otago Registry Building2.jpg , image_size = , caption = University clock tower , motto = la, Sapere aude , mottoeng = Dare to be wise , established = 1869; 152 years ago , type = Public research collegiate u ...
, New Zealand, where he graduated with a
B.A. Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
in 1974 and an
LL.B. Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in 1978. He later studied for a D.Phil. at
Lincoln College, Oxford Lincoln College (formally, The College of the Blessed Mary and All Saints, Lincoln) 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, the ...
under legal philosopher
Ronald Dworkin Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) 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 Yo ...
and political theorist
Alan Ryan Alan James Ryan (born 9 May 1940) is a British philosopher. He was Professor of Politics at the University of Oxford. He was also Warden of New College, Oxford, from 1996 to 2009.. He retired as Professor Emeritus in September 2015PeAlan Ryan' ...
; Waldron graduated in 1986.


Career

He also taught legal and political philosophy at
Otago Otago (, ; mi, Ōtākou ) is a region of New Zealand located in the southern half of the South Island administered by the Otago Regional Council. It has an area of approximately , making it the country's second largest local government reg ...
(1975–78),
Lincoln College, Oxford Lincoln College (formally, The College of the Blessed Mary and All Saints, Lincoln) 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, the ...
(1980–82), the
University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...
,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
(1983–87), the Jurisprudence and Social Policy Program at
Berkeley Law The University of California, Berkeley, School of Law (commonly known as Berkeley Law or UC Berkeley School of Law) is the law school of the University of California, Berkeley, a public research university in Berkeley, California. It is one of 1 ...
(1986–96),
Princeton University Princeton University is a private university, private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth, New Jersey, Elizabeth as the College of New Jersey, Princeton is the List of Colonial Colleges, fourth-oldest ins ...
(1996–97), and
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
(1997–2006). He has also been a visiting professor at
Cornell Cornell University is a private statutory land-grant research university based in Ithaca, New York. It is a member of the Ivy League. Founded in 1865 by Ezra Cornell and Andrew Dickson White, Cornell was founded with the intention to teach an ...
(1989–90),
Otago Otago (, ; mi, Ōtākou ) is a region of New Zealand located in the southern half of the South Island administered by the Otago Regional Council. It has an area of approximately , making it the country's second largest local government reg ...
(1991–92) and Columbia (1995) Universities. Currently at NYU he teaches
Rule of Law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
,
Jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
, seminars on
Property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, r ...
and Human
Dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...
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 Samuel Ira Scheffler (born 1951) is a moral and political philosopher, who is University Professor of Philosophy and Law in the Department of Philosophy and the School of Law at New York University. Education and career Before moving to NYU ...
, and Waldron. Waldron gave the second series of Seeley Lectures at
Cambridge University , mottoeng = Literal: From here, light and sacred draughts. Non literal: From this place, we gain enlightenment and precious knowledge. , established = , other_name = The Chancellor, Masters and Schola ...
in 1996, the 1999 Carlyle Lectures at
Oxford Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
, the spring 2000 University Lecture at
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
, the Wesson Lectures at
Stanford University Stanford University, officially Leland Stanford Junior University, is a private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. Stanford is consider ...
in 2004, the Storrs Lectures at
Yale Law School Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U ...
in 2007, and the
Gifford Lectures The Gifford Lectures () are an annual series of lectures which were established in 1887 by the will of Adam Gifford, Lord Gifford. Their purpose is to "promote and diffuse the study of natural theology in the widest sense of the term – in o ...
at the
University of Edinburgh The University of Edinburgh ( sco, University o Edinburgh, gd, Oilthigh Dhùn Èideann; abbreviated as ''Edin.'' in post-nominals) is a public research university based in Edinburgh, Scotland. Granted a royal charter by King James VI in 15 ...
in 2015. He was elected to the
American Academy of Arts and Sciences The American Academy of Arts and Sciences (abbreviation: AAA&S) is one of the oldest learned societies in the United States. It was founded in 1780 during the American Revolution by John Adams, John Hancock, James Bowdoin, Andrew Oliver, and ...
in 1998. In 2005, Waldron received an honorary doctorate from the University of Otago, his alma mater. Waldron was elected to the
American Philosophical Society The American Philosophical Society (APS), founded in 1743 in Philadelphia, is a scholarly organization that promotes knowledge in the sciences and humanities through research, professional meetings, publications, library resources, and communit ...
in 2015. In 2019, a Professorial Chair in Jurisprudence was created in his name at the University of Otago.


Legal and philosophical views

Waldron is a
liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
and a
normative Normative generally means relating to an evaluative standard. Normativity is the phenomenon in human societies of designating some actions or outcomes as good, desirable, or permissible, and others as bad, undesirable, or impermissible. A norm in ...
legal positivist. He has written extensively on the analysis and justification of private property and on the political and legal philosophy of
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
. He is an outspoken opponent of
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
and of
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts c ...
, both of which he believes to be in tension with democratic principles. He believes that
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
should not be protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
. His later work is devoted to providing a non-religious and non-
Kantian Kantianism is the philosophy of Immanuel Kant, a German philosopher born in Königsberg, Prussia (now Kaliningrad, Russia). The term ''Kantianism'' or ''Kantian'' is sometimes also used to describe contemporary positions in philosophy of mind, ...
concept of human
dignity Dignity is the right of a person to be valued and respected for their own sake, and to be treated ethically. It is of significance in morality, ethics, law and politics as an extension of the Enlightenment-era concepts of inherent, inalienable ...
, 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''. Waldron has also criticised analytic
legal philosophy 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 vali ...
for its failure to engage with the questions addressed by
political theory Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, l ...
.


Criticism of judicial review

Sandrine Baume has identified Jeremy Waldron and
Bruce Ackerman Bruce Arnold Ackerman (born August 19, 1943) is an American constitutional law scholar. He is a Sterling Professor at Yale Law School. In 2010, he was named by ''Foreign Policy'' magazine to its list of top global thinkers. Ackerman was also amon ...
as leading critics of the "compatibility of judicial review with the very principles of democracy". Baume identified
John Hart Ely John Hart Ely ( ; December 3, 1938 – October 25, 2003) was an American legal scholar. He was a professor of law at Yale Law School from 1968 to 1973, Harvard Law School from 1973 to 1982, Stanford Law School from 1982 to 1996, and at the Uni ...
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 and Jeremy Waldron. In contrast to Waldron and Ackerman, Dworkin was a long-time advocate of a moral reading of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, 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. 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, (2) there is a system of courts somewhat insulated from popular pressure and engaged in judicial review, there is a general commitment to rights, and there is disagreement as to the content and extent of rights. 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.


Affinity with judicial minimalism

In a review of a 2015 book by
Cass Sunstein Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his studies of constitutional law, administrative law, environmental law, law and behavioral economics. He is also ''The New York Times'' best-selling author of ...
, 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.


Personal life

Waldron's longtime partner is
Columbia Law School Columbia Law School (Columbia Law or CLS) is the law school of Columbia University, a private Ivy League university in New York City. Columbia Law is widely regarded as one of the most prestigious law schools in the world and has always ranked i ...
professor Carol Sanger.


Publications

Books * 1984. ''Theories of Rights'', edited vol. * 1988. ''The Right to Private Property''. , * 1988. ''Nonsense Upon Stilts: Bentham, Burke and Marx on the Rights of Man'', edited vol. * 1990. ''The Law: Theory and Practice in British Politics''. * 1993. ''Liberal Rights: Collected Papers 1981–91''. * 1999. ''The Dignity of Legislation'', Seeley Lectures. , (Portuguese translation) * 1999. ''Law and Disagreement''. * 2002. ''God, Locke and Equality''. * 2010. ''Torture, Terror, and Trade-Offs: Philosophy for the White House.'' * 2012. ''The Harm in Hate Speech'', Oliver Wendell Holmes Lectures. * 2012. ''"Partly Laws Common To All Mankind": Foreign Law in American Courts.'' * 2012. ''The Rule of Law and the Measure of Property'',
Hamlyn Lectures The Hamlyn Lectures are a series of public lectures in England, Scotland, Wales and Northern Ireland given annually on a legal topic. The lectures have been given every year since 1949. History The Hamlyn Trust was established in 1948 by the wil ...
. * 2012. ''Dignity, Rank and Rights'' (Meir Dan Cohen: editor), Oxford University Press. * 2016. ''Political Political Theory'', Harvard University Press. * 2017. ''One Another's Equals: The Basis of Human Equality'', Harvard University Press. Articles * 2001, "Normative (or Ethical) Positivism" in Jules Coleman (ed.), ''Hart's Postscript: Essays on the Postscript to The Concept of Law''. New York: Oxford University Press. * 2003, "Who is my Neighbor?: Humanity and Proximity," ''
The Monist ''The Monist: An International Quarterly Journal of General Philosophical Inquiry'' is a quarterly peer-reviewed academic journal in the field of philosophy. It was established in October 1890 by American publisher Edward C. Hegeler. History Init ...
86''. * 2004, "Settlement, Return, and the Supersession Thesis," ''
Theoretical Inquiries in Law ''Theoretical Inquiries in Law'' is a biannual peer-reviewed Israeli law journal published by Tel Aviv University. It is the only English law journal published by the school, and one out of two published in English in Israel, alongside Israel Law ...
5''. * 2004, "Terrorism and the Uses of Terror,"
The Journal of Ethics ''The Journal of Ethics'' is a philosophical academic journal focusing on ethics. Its editor in chief is J. Angelo Corlett. The journal was established in 1997 and is published by Springer Netherlands. Notable contributors are Richard Arneson, S ...
, Vol. 8, No. 1, Terrorism (2004) pp. 5–35. * 2005, "Torture and Positive Law: Jurisprudence for the White House," ''
Columbia Law Review The ''Columbia Law Review'' is a law review edited and published by students at Columbia Law School. The journal publishes scholarly articles, essays, and student notes. It was established in 1901 by Joseph E. Corrigan and John M. Woolsey, who se ...
105''. * 2006, "The Core of the Case Against Judicial Review," ''
Yale Law Journal The ''Yale Law Journal'' (YLJ), known also as the ''Yale Law Review'', is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students ...
115''. * 2009, "Dignity and Defamation: The Visibility of Hate" ". 2009 Oliver Wendell Holmes Lectures. * 2012, "Bicameralism and the Separation of Powers," ''Current Legal Problems 31''.


References


External links


NYU Law Faculty Profile

NYU's Big Raid
''
New York Observer New is an adjective referring to something recently made, discovered, or created. New or NEW may refer to: Music * New, singer of K-pop group The Boyz Albums and EPs * ''New'' (album), by Paul McCartney, 2013 * ''New'' (EP), by Regurgitator, ...
'', 13 March 2006 (on Waldron's appointment at NYU).
Debate
with
John Yoo John Choon Yoo (; born July 10, 1967) is a Korean-born American legal scholar and former government official who serves as the Emanuel S. Heller Professor of Law at the University of California, Berkeley. Yoo became known for his legal opinions ...
on torture.
Waldron archive
from ''
The New York Review of Books ''The New York Review of Books'' (or ''NYREV'' or ''NYRB'') is a semi-monthly magazine with articles on literature, culture, economics, science and current affairs. Published in New York City, it is inspired by the idea that the discussion of i ...
'' *
NYU's Waldron to Take Up Chichele Chair at Oxford on Half-Time Basis
Leiter Reports Leiter is a surname. Notable people with the surname include: * A family of American baseball pitchers: ** Al Leiter (born 1965), left-hander ** Jack Leiter (born 2000), son of Al, right-hander ** Mark Leiter (born 1963), brother of Al, right-ha ...
, 17 December 2009. {{DEFAULTSORT:Waldron, Jeremy 1953 births Living people Alumni of Lincoln College, Oxford Christian philosophers New York University faculty New Zealand expatriates in the United States 20th-century New Zealand lawyers New Zealand philosophers New Zealand political philosophers People educated at Southland Boys' High School Philosophers of law Political philosophers Oceanian social liberals Chichele Professors of Social and Political Theory University of Otago alumni 20th-century philosophers 21st-century philosophers 20th-century New Zealand writers 20th-century New Zealand male writers 20th-century male writers 21st-century New Zealand writers Fellows of All Souls College, Oxford Legal scholars of the University of Oxford New York University School of Law faculty Academics of the University of Edinburgh Columbia Law School faculty Locke scholars