Eight essays by leading legal theorists--based on papers presented at two workshops, one in Canberra in November 1999 and the other in New York in March 2000--outline reactions to Tony Honore's (emeritus, civil law, Oxford U.) post-retirement writings on issues related to responsibility, including determinism and luck, causation, responsibility for outcome, and the morality of strict liability. A ninth essay, by Honore, responds to them. The contributors are lawyers and philosophers based in Australia, the US, Canada, and the UK. Distributed by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
This collection of essays, published to coincide with Tony Honore's sixty-fifth birthday, focuses on the areas where Honore's thought has made the most significant contribution: Roman law and jurisprudence. Included are essays by P.S. Atiyah, Zenon Bankowski, John Bell, Peter Birks, John W. Cairs, Hugh Collins, David Daube, W. M. Gordon, J. W. Harris Nicola Lacey, A. D. E. Lewis, Detlef Liebs, G. D. MacCormack, Neil MacCormick, G. Maher, Pieter Norr, Alan Rodger, and Peter Stein.
This new book by an eminent legal scholar and author can be described in a number of ways: a work of reference; an essay in the study of style; a contribution to the prosopography of the late Roman quaestorship; and a reflection on the fall of the western (and on the survival of the eastern) Roman empire. Using an innovative method of analysis--already successfully employed in his acclaimed Emperors and Lawyers (OUP 1994)--the author examines the laws of a crucial phase of the later Roman empire (379-455 AD), a period during which the west collapsed while the east persisted. He allots the laws to their likely drafters and shows why the eastern Theodosian Code (429-438 AD), intended to restore the legal and administrative unity of the Roman empire, came too late to save the west. The book includes a Palingenesia--as stored on an accompanying floppy disk--allowing scholars to read the primary texts chronologically and judge the soundness of the arguments advanced.
Here is an introduction to the intellectual challenges presented by law in the western secular tradition. Treating not just British law, but the whole western tradition of law, Professor Honore guides the reader through eleven topics which straddle various branches of the law, including constitutional and criminal law, property, and contracts. He also explores moral and historical aspects of the law, including a discussion of justice and the difference between civil and common law systems. The law, Honore argues, is mainly concerned with the question of obedience to authority, and establishing the situations in which obedience is required and those in which it may be waived ought to be the central concern of all legal theorists.
This collection of the papers of Tony Honore, is taken from his work in the field of legal philosophy over the last quarter century. The introductory essay is followed by three chapters describing the building blocks of legal systems - groups or societies, laws, and the motives to obey orconform. Succeeding papers discuss norms and obligations, rights and justice, analysing such fundamentals as ownership, property rights and the assertion of rights. The book concludes with an essay arguing for the use of law to encourage or reinforce morality.
Honore (formerly civil law, Oxford U.) develops themes implicit in his and Herbert Hart's 1985 Causation in the Law. In seven essays, he proposes a theory of outcome responsibility that finds intervening in the world to be sufficient to make someone responsible. To act and be responsible is to take risks, he says, so that responsibility can be a matter of luck rather than fault or merit. US distribution is by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR
An updated and extended second edition supporting the findings of its well-known predecessor which claimed that courts employ common-sense notions of causation in determining legal responsibility.
This is a new edition of the work on the most influential lawyer of all time, the Syrian Ulpian. He wrote a massive survey of Roman law in 213-17 AD & Tony Honoré argues that his philosophy of freedom & equality make him a pioneer of human rights.
These highly original essays develop themes implicit in Herbert Hart and the author's 'Causation in the Law', 2nd ed. 1985;. Why should we be held responsible for the harm we cause? Honor; ̌proposes a theory of responsibility, 'outcome responsibility', according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility."--Bloomsbury Publishing.
These highly original essays develop themes implicit in Herbert Hart and the author's 'Causation in the Law',2nd ed. 1985;. Why should we be held responsible for the harm we cause? Honor proposes a theory of responsibility, 'outcome responsibility', according to which, to be responsible, it is sufficient to have intervened in the world. To act and to be responsible is to assume certain risks, so that responsibility can be a matter of luck rather than fault or merit. Whether responsibility carries with it moral blame or legal liability is an important but secondary question. With the help of this theory he explains the moral basis of strict liability and of tort law in general; shows when there is a moral difference between positive acts and omissions; and indicates the extent to which the circumstances that cause a wrongdoer to do wrong should affect his responsibility.
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