The Hamlyn Lectures 2011
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The Hamlyn Lectures 2011
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Author : Jeremy J. Waldron
language : en
Publisher:
Release Date : 2011
The Hamlyn Lectures 2011 written by Jeremy J. Waldron and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
The idea in these lectures is to discuss the relation between property and the rule of law in a deeper way than this has been discussed in the past, in particular in a way that reflects realistic understanding of how property rights are created and modified. I use the Lockean phrase "the measure of property" but the gist of my argument will be that our thinking about the rule of law needs to focus on all the ways in which property is non-Lockean in its origin, legal status, and moral force. In the course of doing this, I will be looking at some of the rather naive assumptions underlying the tight connection that has been forged between property rights and the rule of law in neo-liberal political economy. And I will argue that we can abandon or modify some of these naive assumptions about property without compromising the very great importance that is properly attached to the ideal of the rule of law. There are three lectures in all. Unfortunately the original lecture titles are not a good indication of the eventual contents. Lecture 1 was called "The Classical Lockean Picture and its Difficulties" and it mainly addresses the alleged contrast between (a) the rule of law and (b) rule by law, and the suggestion that property rights might be privileged under (a). It explores Richard Epstein's version of this idea and then it spends some time on the Lockean account of property. The argument is that in the real world even Lockean property has an inescapable public law dimension. Lecture 2 was called "Unraveling the Form and Substance of Property," but it is really about the contrast between formal/procedural and substantive views of the rule of law and the dificulties inherent in identifying respect for private property rights as a substantive dimension of the rule of law. The argument is that given the accordion-like expandability of the category of property, this cannot work to privilege property rights over other legal rights etc. Lecture 3 was called "The Rule of Law, Property, and Legislation" and it is a defense of legislation, including regulatory and redistributive legislation in light of the rule of law. Readers should note that although I spend a lot of time discussing the fact situation in Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), these lectures are not lectures in American constitutional law, nor do they aim to build pathways through the swamp of US takings jurisprudence.
The Hamlyn Lectures
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Author :
language : en
Publisher:
Release Date : 1951
The Hamlyn Lectures written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1951 with categories.
The Rule Of Law And The Measure Of Property
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Author : Jeremy Waldron
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-21
The Rule Of Law And The Measure Of Property written by Jeremy Waldron and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-06-21 with Law categories.
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.
Hamlyn Lectures Stom
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Author :
language : en
Publisher:
Release Date :
Hamlyn Lectures Stom written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Thinking About Statutes
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Author : Andrew Burrows
language : en
Publisher: Cambridge University Press
Release Date : 2018-08-02
Thinking About Statutes written by Andrew Burrows and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-08-02 with Law categories.
A practical and lively discussion of the English Law on statutes.
Hamlyn Lecture Series
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Author :
language : en
Publisher:
Release Date : 1952
Hamlyn Lecture Series written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1952 with categories.
Uk Eu And Global Administrative Law
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Author : Paul Craig
language : en
Publisher: Cambridge University Press
Release Date : 2015-10-26
Uk Eu And Global Administrative Law written by Paul Craig and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-26 with Law categories.
A detailed analysis of the foundations and challenges of UK, EU and global administrative law.
Hamlyn Lecture
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Author :
language : en
Publisher:
Release Date : 1991
Hamlyn Lecture written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.
Widening Horizons
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Author : Thomas H. Bingham
language : en
Publisher: Cambridge University Press
Release Date : 2010-05-20
Widening Horizons written by Thomas H. Bingham and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with Law categories.
A description of the recent growth of an internationalist outlook in British courts.
Ashes And Sparks
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Author : Stephen Sedley
language : en
Publisher: Cambridge University Press
Release Date : 2011-02-24
Ashes And Sparks written by Stephen Sedley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Law categories.
As a practising barrister, the Rt. Hon. Lord Justice Sedley wrote widely on legal and non-legal matters, and continued to do so after becoming a judge in 1992. This anthology contains classic articles, previously unpublished essays and lecture transcripts. To each, he has added reflections on what has transpired since or an explanation of the British legal and political context that originally prompted it. Covering the history, engineering and architecture of the justice system, their common theme relates to the author's experiences as a barrister and judge, most notably in relation to the constitutional changes which have emerged in the last twenty years in the United Kingdom.