Jeremy Waldron
New Zealand legal philosopher and critic of judicial review.
via Wikipedia: Jurisprudence · see source
He is regarded as one of the world's leading legal and political philosophers.
- field
- Legal philosophy, political philosophy
- nationality
- New Zealand
- known_for
- Criticism of judicial review, work on human dignity, normative legal positivism
Lore & Background
He earned a D.Phil.
Reader's Guide
Waldron is a liberal and a normative legal positivist. He has written extensively on private property and the political and legal philosophy of John Locke. He is an opponent of judicial review of legislation and of torture, both of which he believes to be in tension with democratic principles. He believes hate speech should not be protected by the First Amendment. Waldron has criticized analytic legal philosophy for failing to engage with political theory. His later work provides a non-religious and non-Kantian concept of human dignity, based on a thought experiment of leveling up all human beings to the rank of nobility.
Did You Know?
- Waldron earned his D.Phil. at Lincoln College, Oxford, under legal philosopher Ronald Dworkin and political theorist Alan Ryan, graduating in 1986.
- Waldron's later work provides a non-religious and non-Kantian concept of human dignity, based on a thought experiment of leveling up all human beings to the rank of nobility.
- Sandrine Baume identified Waldron and Bruce Ackerman as leading critics of the compatibility of judicial review with democracy.
Frequently Asked Questions
Who is Jeremy Waldron?
Jeremy Waldron is a New Zealand-born legal and political philosopher, born on 13 October 1953, widely regarded as one of the leading thinkers in his field today. He works at the intersection of law, ethics, and political theory.
What is Jeremy Waldron most known for?
He is best known for his sustained philosophical critique of judicial review, his writings on human dignity as a foundation for legal rights, and his contributions to normative legal positivism.
Where does Jeremy Waldron teach?
He holds a University Professorship at New York University School of Law with a joint affiliation to NYU's Philosophy Department, and also serves as an adjunct professor at Victoria University of Wellington. He previously held the Chichele Professorship of Social and Political Theory at All Souls College, Oxford.
What is Jeremy Waldron's argument against judicial review?
Waldron contends that when courts have the final say on deeply contested moral and political questions, they effectively override the democratic will of legislatures. He argues that citizens deserve to have their elected representatives make the ultimate call on such matters rather than judges.
Why is Jeremy Waldron important to legal philosophy?
His work fundamentally reframes debates over the relationship between democratic legislation, judicial authority, and individual rights. By combining rigorous analytic philosophy with a strong democratic commitment, he has influenced how scholars worldwide think about the proper role of law in a pluralistic society.
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