Jeremy Waldron

New Zealand legal philosopher

Jeremy Waldron is a New Zealand jurist and political philosopher whose career spans extensive tenures at institutions including New York University and the University of Edinburgh. Born in 1953 in Invercargill, he has dedicated his work to the history of political thought, legal positivism, and the normative analysis of rights, democracy, and the rule of law.

Academic Background

Waldron attended Southland Boys' High School before pursuing higher education at the University of Otago, where he completed a B.A. in 1974 and an LL.B. in 1978. He continued his studies at Lincoln College, Oxford, earning a doctorate in 1986 under the supervision of Ronald Dworkin and Alan Ryan. His teaching career began at Otago, followed by positions at Lincoln College, Oxford, the University of Edinburgh, Berkeley Law, Princeton University, and Columbia Law School.

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Philosophical Framework

As a liberal and normative legal positivist, Waldron focuses on property analysis and the works of John Locke. His research challenges analytic legal philosophy for its perceived detachment from political theory. A primary interest involves human dignity, which he approaches through a non-religious, non-Kantian lens. This perspective, explored in his 2012 book Dignity, Rank and Rights, proposes a social model based on leveling all individuals to the status of nobility.

Critique of Judicial Review

Waldron is known for questioning the compatibility of judicial review with democratic principles. While he does not advocate for its total abolition, he argues against the notion that courts are inherently better suited than legislatures to protect rights in robust democratic systems. He suggests that judicial intervention should be reserved for cases of institutional dysfunction. His broader jurisprudence favors judicial minimalism, identifying with the approach of figures like Felix Frankfurter and Sandra Day O'Connor.

Professional Recognition

Throughout his career, Waldron has delivered numerous prestigious lecture series, including the 1999 Carlyle Lectures, the 2007 Storrs Lectures, and the 2015 Gifford Lectures. He has been elected to the American Academy of Arts and Sciences and the American Philosophical Society. In 2005, he received an honorary doctorate from the University of Otago, and in 2019, that institution established a Professorial Chair in Jurisprudence in his honor.

Fast facts

Questions readers ask

What is Waldron's position on judicial review?

He argues that judicial review is not inherently superior to legislative processes in a functional democracy and should be limited to addressing institutional dysfunction.

How does he define human dignity?

He proposes a secular concept based on the thought experiment of raising all individuals to a single, elevated rank akin to aristocracy.

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