the legal mind essays for tony honore

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The Legal Mind

Author : Neil MacCormick
ISBN : 9780198761969
Genre : Law
File Size : 61. 98 MB
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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.

Relating To Responsibility

Author : Peter Cane
ISBN : 9781847310279
Genre : Law
File Size : 41. 96 MB
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The essays in this volume,written by eight of the world's leading legal theorists and philosophers, began life as papers presented at seminars (held in Canberra and New York) devoted to the ideas of Tony Honoré, who is one of the most important legal thinkers of his generation. The focus is on issues dealt with in Honoré's recent book, Responsibility and Fault (1999), including determinism and luck, causation, outcome responsibility, and the morality of strict liability. Honoré's book, and these essays, discuss fundamental questions about the relationship between moral and legal responsibility. They explore the contribution that the philosophy of action and of mind can make to understanding the law.

Causation And Responsibility

Author : Michael S. Moore
ISBN : 9780199599516
Genre : Law
File Size : 82. 12 MB
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The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the precise relationship between causation and responsibility remains unclear. This book clarifies that relationship through an analysis of the best accounts of causation in metaphysics, and a critique of the confusion in legal doctrine.

Responsibility And Fault

Author : Tony Honoré
ISBN : 9781841130057
Genre : Law
File Size : 32. 66 MB
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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? Honoré 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.

The Invisible Origins Of Legal Positivism

Author : W.E. Conklin
ISBN : 9789401008082
Genre : Philosophy
File Size : 57. 54 MB
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Conklin's thesis is that the tradition of modern legal positivism, beginning with Thomas Hobbes, postulated different senses of the invisible as the authorising origin of humanly posited laws. Conklin re-reads the tradition by privileging how the canons share a particular understanding of legal language as written. Leading philosophers who have espoused the tenets of the tradition have assumed that legal language is written and that the authorising origin of humanly posited rules/norms is inaccessible to the written legal language. Conklin's re-reading of the tradition teases out how each of these leading philosophers has postulated that the authorising origin of humanly posited laws is an unanalysable externality to the written language of the legal structure. As such, the authorising origin of posited rules/norms is inaccessible or invisible to their written language. What is this authorising origin? Different forms include an originary author, an a priori concept, and an immediacy of bonding between person and laws. In each case the origin is unwritten in the sense of being inaccessible to the authoritative texts written by the officials of civil institutions of the sovereign state. Conklin sets his thesis in the context of the legal theory of the polis and the pre-polis of Greek tribes. The author claims that the problem is that the tradition of legal positivism of a modern sovereign state excises the experiential, or bodily, meanings from the written language of the posited rules/norms, thereby forgetting the very pre-legal authorising origin of the posited norms that each philosopher admits as offering the finality that legal reasoning demands if it is to be authoritative.

Responsibility In Law And Morality

Author : Peter Cane
ISBN : 9781847310262
Genre : Law
File Size : 34. 29 MB
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Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously.

Maccormick S Scotland

Author : Neil Walker
ISBN : 9780748643813
Genre : Law
File Size : 41. 48 MB
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This book analyses in depth the distinctively Scottish themes in the work of Sir Neil MacCormick, the world-renowned legal philosopher and prominent Scottish public intellectual who died in 2009 after holding the Regius Chair in Public Law and the Law of Nature and Nations at Edinburgh University for 36 years. MacCormick's work, and works about MacCormick, attract both a domestic and an international audience. Readers will gain an understanding of how MacCormick's Scottish roots, interests and commitments coloured his work - both his distinctively Scottish writings and the overall intellectual outlook that informed his broader legal and philosophical writings.The book provides a well rounded appreciation of the Scottish dimension in MacCormick's thinking and writing. It focuses on a number of prominent Scottish themes in MacCormick's work and life and is structured around four key themes: 1) the nature and identity of a legal system; 2) sovereignty, European integration and Scottish independence; 3) the legacy of the legal and political thought of the Scottish enlightenment; and 4) the role of the academic in the Scottish public sphere.

Justinian S Digest

Author : Tony Honoré
ISBN : 9780199593309
Genre : History
File Size : 21. 77 MB
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This book collects Honoré's groundbreaking work on the composition of Justinian's Digest, among the most important texts in Roman Law. It reconstructs the methodology of the Digest's composition, and examines the broader issues raised by the Digest's creation - how it was conceived by its compilers, its purpose, and its impact.

Making Law Bind

Author : Tony Honoré
ISBN : 9780198254676
Genre : History
File Size : 26. 29 MB
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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 or conform. 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.

The Quest For Security Employees Tenants Wives

Author : Tony Honoré
ISBN : UOM:39015001125585
Genre : Employees
File Size : 66. 57 MB
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