Jeremy Waldron
Waldron in 2010
Born	(1953-10-13)13 October 1953 (age 72) New Zealand
Partner	Carol Sanger
Education
Alma mater	University of Otago (BA,LLB) Lincoln College, Oxford (DPhil)
Doctoral advisor	Ronald Dworkin Alan Ryan
Philosophical work
Era	Contemporary philosophy
Region	Western philosophy
School	Analytic Legal positivism
Main interests	Legal philosophy
Notable ideas	Criticism ofjudicial review The harm inhate speech lies in its defamatory nature Hate speech should not be protected by theFirst Amendment

Jeremy Waldron (/ˈwɔːldrən/; born 13 October 1953) is a New Zealand legal philosopher. He holds a University Professorship at theNew York University School of Law, is affiliated with theNew York University Department of Philosophy, and was formerly theChichele Professor of Social and Political Theory atAll Souls College,Oxford University. Waldron also holds an adjunct professorship atVictoria University of Wellington. Waldron is regarded as one of the world's leading legal and political philosophers.^[1][2][3]

Waldron attendedSouthland Boys' High School, and then went on to study at theUniversity of Otago, New Zealand, where he graduated with aB.A. in 1974 and anLL.B. in 1978. He later studied for a D.Phil. atLincoln College, Oxford, under legal philosopherRonald Dworkin and political theoristAlan Ryan; Waldron graduated in 1986.^[4]

He taught legal and political philosophy atOtago (1975–78),Lincoln College, Oxford (1980–82), theUniversity of Edinburgh,Scotland (1983–87), the Jurisprudence and Social Policy Program atBerkeley Law (1986–96),Princeton University (1996–97), andColumbia Law School (1997–2006). He has also been a visiting professor atCornell (1989–90),Otago (1991–92), andColumbia (1995) Universities. AtNew York University, he teachesRule of Law,Jurisprudence, seminars onProperty and HumanDignity and regularly hosts the Colloquium on Legal, Social and Political Philosophy, founded by Ronald Dworkin and Thomas Nagel in 1987 and convened by Liam Murphy,Samuel Scheffler, and Waldron.^[5]

Waldron gave the second series of Seeley Lectures atCambridge University in 1996, the 1999 Carlyle Lectures atOxford, the spring 2000 University Lecture atColumbia Law School, the Wesson Lectures atStanford University in 2004, the Storrs Lectures atYale Law School in 2007, and theGifford Lectures at theUniversity of Edinburgh in 2015. He was elected to theAmerican Academy of Arts and Sciences in 1998. In 2005, Waldron received an honorary doctorate from the University of Otago, hisalma mater. Waldron was elected to theAmerican Philosophical Society in 2015.^[6] In 2019, a Professorial Chair in Jurisprudence was created in his name at the University of Otago.^[7]

Waldron is aliberal and anormativelegal positivist. He has written extensively on the analysis and justification of private property and on the political and legal philosophy ofJohn Locke. He is an opponent ofjudicial review of legislation, and oftorture, both of which he believes to be in tension with democratic principles. He believes thathate speech should not be protected by theFirst Amendment.^[8] Waldron has also criticised analyticlegal philosophy for its failure to engage with the questions addressed bypolitical theory. His later work is devoted to providing a non-religious and non-Kantian concept of humandignity, 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 asDignity, Rank and Rights.^[9]

Sandrine Baume has identified Jeremy Waldron andBruce Ackerman as leading critics of the "compatibility of judicial review with the very principles of democracy".^[10] Baume identifiedJohn Hart Ely 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^[11] and Waldron.^[12] In contrast to Waldron and Ackerman, Dworkin was a long-time advocate of a moral reading of theUnited States Constitution, 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 argued for a limited role for judicial review in a robust democratic government.^[13] 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,^[14] (2) there is a system of courts somewhat insulated from popular pressure and engaged in judicial review,^[15] (3) there is a general commitment to rights,^[16] and (4) there is disagreement as to the content and extent of rights.^[17] 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. Waldron thus places his view of judicial review in the tradition of JusticeHarlan Fiske Stone.^[18]

In a review of a 2015 book byCass Sunstein, Waldron 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 includingSandra Day O'Connor,Ruth Ginsburg, andFelix Frankfurter.^[19]

Waldron's longtime partner isColumbia Law School professorCarol Sanger.^[20][21]

Books

• 1984.Theories of Rights, edited vol.ISBN 0-19-875063-3
• 1988.The Right to Private Property.ISBN 0-19-823937-8,ISBN 0-19-824326-X
• 1988.Nonsense Upon Stilts: Bentham, Burke and Marx on the Rights of Man, edited vol.ISBN 0-416-91890-5
• 1990.The Law: Theory and Practice in British Politics.ISBN 0-415-01427-1
• 1993.Liberal Rights: Collected Papers 1981–91.ISBN 0-521-43617-6
• 1999.The Dignity of Legislation, Seeley Lectures.ISBN 0-521-65883-7,ISBN 85-336-1896-4 (Portuguese translation)
• 1999.Law and Disagreement.ISBN 0-19-924303-4
• 2002.God, Locke and Equality.ISBN 0-521-89057-8
• 2010.Torture, Terror, and Trade-Offs: Philosophy for the White House.ISBN 978-0-19-958504-5
• 2012.The Harm in Hate Speech, Oliver Wendell Holmes Lectures.ISBN 978-0674065895
• 2012."Partly Laws Common To All Mankind": Foreign Law in American Courts.ISBN 978-0300148657
• 2012.The Rule of Law and the Measure of Property,Hamlyn Lectures.ISBN 978-1107653788
• 2012.Dignity, Rank and Rights (Meir Dan Cohen: editor), Oxford University Press.ISBN 978-0-19-991543-9
• 2016.Political Political Theory, Harvard University Press.ISBN 978-0-674-74385-4
• 2017.One Another's Equals: The Basis of Human Equality, Harvard University Press.ISBN 978-0674659766
• 2023.Thoughtfulness and the Rule of Law, Harvard University Press.ISBN 9780674290778

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.ISBN 0-19-829908-7
• 2003, "Who is my Neighbor?: Humanity and Proximity,"The Monist 86.
• 2004, "Settlement, Return, and the Supersession Thesis,"Theoretical Inquiries in Law 5.
• 2004, "Terrorism and the Uses of Terror,"The Journal of Ethics, Vol. 8, No. 1, Terrorism (2004) pp. 5–35.
• 2005, "Torture and Positive Law: Jurisprudence for the White House,"Columbia Law Review 105.
• 2006, "The Core of the Case Against Judicial Review,"Yale Law Journal 115.
• 2009, "Dignity and Defamation: The Visibility of Hate"^[22] ". 2009 Oliver Wendell Holmes Lectures.
• 2012, "Bicameralism and the Separation of Powers,"Current Legal Problems 31.
• 2021, "The rule of law and the role of courts,"Global Constitutionalism 10.^[23]
• 2022, "Free Speech Apart from Law,"Journal of Free Speech Law 107.
• 2023, "Philosophical Foundations of Migration Law,"Public Affairs Quarterly 37.^[24]

Wikiquote has quotations related toJeremy Waldron.

• NYU Law Faculty Profile.
• NYU's Big RaidNew York Observer, 13 March 2006 (on Waldron's appointment at NYU).
• DebateArchived 7 September 2007 at theWayback Machine withJohn Yoo on torture.
• Waldron archive fromThe New York Review of Books
• "NYU's Waldron to Take Up Chichele Chair at Oxford on Half-Time Basis"Leiter Reports, 17 December 2009.

• 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
• 20th-century New Zealand philosophers
• New Zealand political philosophers
• People educated at Southland Boys' High School
• Philosophers of law
• Oceanian social liberals
• Chichele Professors of Social and Political Theory
• University of Otago alumni
• 21st-century New Zealand philosophers
• 20th-century New Zealand writers
• 20th-century New Zealand 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
• Members of the American Philosophical Society

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