Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Lindquist et al. assess the neural evidence for locationist versus psychological construction accounts of human emotion. A wealth of experimental and clinical investigations show that individual differences in emotion and personality influence emotion processing. These factors may also influence the brain's response to emotional stimuli. A synthesis of the relevant neuroimaging data must therefore take these factors into consideration.

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.

ABSTRACT Welfare states are often urged to secure a social minimum for citizens—a level of material well‐being beneath which no‐one should be permitted to fall. This paper examines the justification for such a claim. It begins by criticising John Rawls's rejection of the social minimum approach to justice in A Theory of Justice: the argument Rawls uses to justify the Difference Principle, based on what he calls ‘the strains of commitment’ in the ‘original position’, actually provides a better justification for (...) a social minimum principle. The paper then examines the substance of that argument outside the context of Rawls's contractarianism, showing that there is a general case for seeing to it that desperate need does not go unmet in a liberal society. (shrink)

Sexual violence experienced by women during interstate and internal conflict has long escaped legal regulation. This article explores tile extent of that lacuna by analyzing and reflecting upon experiences of sexual violation during the Holocaust. While it is inappropriate to describe the Holocaust experience as a facet of war per se, its horrors did occur in the context of war and thus ex post facto legal accountability for the perpetration of those dreadful events fall under the legal rubric of international (...) humanitarian law. The article explores the extent to which humanitarian law has limited definitional capacity to address the unique ways in which violence is directed towards and experienced by women. The article also demonstrates that sexual harms combine direct sexual harm to women with broader objectives of eliminating the cultural, social, and physical integrity of the community to which the women belong. The article claims that both victims and perpetrators of sexual harms understand the compounded function of sexual violence, but that international law fails to name or adequately sanction either aspect sexual harms. The article goes on to assert that in establishing dual conceptions of harm, there may be multiple bearers of rights when questions of remedy arise. Traditional notions of individualized entitlement to rights are inadequate to fully account for the communities of harm resulting from gendered violence that takes place in the context of war. (shrink)

This essay examines "Justice as Prevention: Vetting Public Employees in Transitional Societies," Alexander Mayer-Rieckh and Pablo de Greiff eds., and "What Happened to the Women? Gender and Reparations for Human Rights Violations," Ruth Rubio-Marin, ed.

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 111-114 [Access article in PDF] Response to Elvira Panaiotidi, "The Nature of Paradigms and Paradigm Shifts in Music Education" Janice Waldron Michigan State University Elvira Panaiotidi makes a strong case that MEAE and praxialism represent, respectively, the poesis and praxis strands of the Aristotelian conception of art and that, consequently, one cannot conclude that the two accounts are ontologically incompatible. At (...) this point I wish only to respond to an implication which I believe may be present and discuss its relevance. That is that the search for ontological explanations has historically preceded (or at least should precede) the development of music education theory. A brief look at the historical record indicates that the development of music education theory seems to have been dominated by the search for axiological more than ontological explanations. Panaiotidi lists both aspects as integral parts of the theoretical kernel, however, the need to justify music education in terms of value has, at least in the United States, apparently preceded any search for meaning.Michael Mark recounts a report of the Boston School Committee in 1837, at which certain arguments of Aristotle were invoked in order to persuade the commitee of the value of music instruction.1 The entire transcript of that meeting amounts to a polemic about the value of music, resulting from its supposed effects on the spirit, character, or health, yet the record is devoid of any discussion of what might actually constitute music.2 Marie McCarthy describes how the search for aesthetic foundations over a century later was fostered by a need to "explain [music education's] importance in the curriculum."3 Of the scholars of this period, Abraham Schwadron in particular was quite explicit in articulating how his theory of aesthetics was motivated by what he considered an appalling inability for music educators to validate their field's existence.4This is not to imply that the authors of our current philosophies were not searching for or failed to provide strong ontological arguments for music education or to insist that they have always framed the question: What is valuable about music? as the question: What is music? in order to address these ideological [End Page 111] and political pressures. I am merely suggesting that the search for ontological explanations has generally followed the search for value. The historical pattern is one of reaction to various pressures, followed by the eventual development of an aesthetic philosophical framework which was intended, directly or indirectly, to respond to those pressures. The magnitude of such pressures to justify the place of music in the curriculum would seem to differentiate music education paradigms from those of the social sciences and humanities, of which, the author asserts, they are hybrids. Combined with the marked differences in social and political pressures which are found in various times and places in America, it would also account for the emotional tone of the debate, to which the author also alludes. Presumably, such emotion results not only from various scholars' attachments to their ontological beliefs, but from the practical consequences which occur when a theory is ultimately rejected or implemented at the classroom level, based on its perceived ability to define what is valuable in music education.Although this differentiation is subtle and does not detract from the strength of Panaiotidi's central argument, it has implications for the eventual implementation of any unitary theory. Specifically, if we accept that, ontologically speaking, praxialism and aestheticism are two sides of the same coin, it is likely that the argument will simply transform into an axiological question concerning which side is more valuable, a fact to which the author also alludes. Considering past evidence, the overriding concern for value justification may make implementing any unitary theory difficult, regardless of the benefits that could potentially be gained through such a "balanced music education." Consider, for example, that a unitary theory would be less susceptible to ideological use because of its breadth. In other fields such as literature or science, this would be a... (shrink)

What professional musicians say and do affects the attitudes and actions of music educators in the classroom. One example comes from influential conductor/composer, Gunther Schuller, who, in his controversial 1997 book, The Compleat Conductor, defines, espouses, and recommends his own “philosophy of conducting.” An examination of his ideas and, more importantly, the assumptions that premise them, demonstrates that Schuller fails to situate his beliefs within the larger historical framework of aesthetic philosophy. It also serves as a useful example of how (...) we, as conductor/educators, are prone to distance ourselves from educational philosophy as a product of the systematic examination of beliefs. This is dangerous because, through conducting, one necessarily reinforces a philosophy of music, which is itself situated within the general realm of aesthetic philosophy. This paper summarizes Shuller’s interpretation of conducting, identifies the unarticulated realist and idealist assumptions within, critiques his “philosophy,” and discusses the implications of this prescriptive approach to instrumental music education. (shrink)

In the fall of 1984 my wife, Georgia, and I, moved to Paterson and founded Holistic Ministries International. Our purpose was twofold: to develop a set of ministries that would manifest, in word and deed, the good news of the Kingdom of God; and to develop a context in which prospective missionaries, from Paterson and elsewhere, might receive training relevant to 21st century mission. How this has worked out is the subject of this article.

Pregnancy care is chargeable for migrants who do not have indefinite leave to remain in the UK. Women who are not ‘ordinarily resident’, including prospective asylum applicants, some refused asylum-seekers, unidentified victims of trafficking and undocumented people are required to pay substantial charges in order to access antenatal, intrapartum and postnatal services as well as abortion care within the National Health Service. In this paper, we consider the ethical issues generated by the exclusion of pregnancy care from the raft of (...) services which are free to all. We argue that charging for pregnancy care amounts to sex discrimination, since without pregnancy care, sex may pose a barrier to good health. We also argue that charging for pregnancy care violates bodily autonomy, entrenches the sex asymmetry of sexual responsibility, centres the male body and produces health risks for women and neonates. We explore some of the ideological motivations for making maternity care chargeable, and suggest that its exclusion responds to xenophobic populism. We recommend that pregnancy care always be free regardless of citizenship or residence status, and briefly explore how these arguments bear on the broader moral case against chargeable healthcare for migrants. (shrink)

This essay examines "Justice as Prevention: Vetting Public Employees in Transitional Societies," Alexander Mayer-Rieckh and Pablo de Greiff eds., and "What Happened to the Women? Gender and Reparations for Human Rights Violations," Ruth Rubio-Marin, ed.

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

This volume collects two lectures by Jeremy Waldron that were originally given as Berkeley Tanner Lectures along with responses to the lectures from Wai Chee Dimock, Don Herzog, and Michael Rosen; a reply to the responses by Waldron; and an introduction by Meir Dan-Cohen.

Can the right to private property be claimed as one of the `rights of mankind'? This is the central question of this comprehensive and critical examination of the subject of private property. Jeremy Waldron contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. He provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. (...) The book contains original analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The author's overriding determination throughout is to follow through the arguments and values used to justify private ownership. He finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

author. University Professor in the School of Law, Columbia University. (From July 2006, Professor of Law, New York University.) Earlier versions of this Essay were presented at the Colloquium in Legal and Social Philosophy at University College London, at a law faculty workshop at the Hebrew University of Jerusalem, and at a constitutional law conference at Harvard Law School. I am particularly grateful to Ronald Dworkin, Ruth Gavison, and Seana Shiffrin for their formal comments on those occasions and also to (...) James Allan, Aharon Barak, Richard Bellamy, Aileen Cavanagh, Arthur Chaskalson, Michael Dorf, Richard Fallon, Charles Fried, Andrew Geddis, Stephen Guest, Ian Haney-Lopez, Alon Harel, David Heyd, Sam Issacharoff, Elena Kagan, Kenneth Keith, Michael Klarman, John Manning, Andrei Marmor, Frank Michelman, Henry Monaghan, Véronique Munoz-Dardé, John Morley, Matthew Palmer, Richard Pildes, Joseph Raz, Carol Sanger, David Wiggins, and Jo Wolff for their suggestions and criticisms. Hundreds of others have argued with me about this issue over the years: This Essay is dedicated to all of them, collegially and with thanks. (shrink)

0n a lucid, concise volume, Jeremy Waldron defends the role of legislation, presenting it as an important mode of governance. Aristotle, Locke and Kant emerge as proponents of the dignity of legislation. Waldron's arguments are of obvious importance and topicality, especially in countries that are considering the introduction of a Bill of Rights. The Dignity of Legislation is original in conception, trenchantly argued and very clearly presented, and will be of interest to a wide range of scholars and (...) thinkers. (shrink)

This is a concise and profound book from one of the world's leading political and legal philosophers about a major theme, equality, and the proposition that humans are all one another's equals. Jeremy Waldron explores the implications of this fundamental tenet for law, politics, society and economy in the company of John Locke, whose work Waldron regards 'as well-worked-out a theory of basic equality as we have in the canon of political philosophy'. Throughout the text, which is based (...) on the Carlyle Lectures given in Oxford in 1999, Jeremy Waldron discusses contemporary approaches to equality and rival interpretations of Locke, and this dual agenda gives the whole an unusual degree of accessibility and intellectual excitement, of interest to philosophers, political theorists, lawyers and theologians around the world. (shrink)

This volume collects Jeremy Waldron's challenging and influential work on the moral, political and legal issues surrounding the response to terrorism since 9/11. The volume will be essential reading for all those engaged with contemporary politics and security law, and the continuing struggle for an ethical response to terrorism.

Can the right to private property be claimed as one of the ‘rights of mankind’? This is the central question of this examination of the subject of private property. This book contrasts two types of arguments about rights: those based on historical entitlement, and those based on the importance of property to freedom. It provides a detailed discussion of the theories of property found in Locke's Second Treatise and Hegel's Philosophy of Right to illustrate this contrast. The book contains original (...) analyses of the concept of ownership, the ideas of rights, and the relation between property and equality. The book's overriding determination throughout is to follow through the arguments and values used to justify private ownership. It finds that the traditional arguments about property yield some surprisingly radical conclusions. (shrink)