Tony Honore – författare

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 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.

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 the second edition of an original and controversial book. It analyses some 2,609 legal rulings (rescripts) given by Roman Emperors between 193 and 305 AD, and argues that, though issued in the name of emperors, they were really both in style and substance the work of professional lawyers. From their style we can detect when one lawyer-draftsman gave way to another, we can identify some of the lawyers and we can allot most of the rescripts to their real author. On this basis the author argues that in the third century there was a convention that the rights of citizens would be governed by objective legal standards. The Roman Empire was not a pure autocracy.Updated and in large part rewritten, this edition includes on a high-density diskette a reconstruction (Palingenesia) of the 2,609 rescripts. This new and original work of reference will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced.

This is a new book from an eminent and well-respected scholar. A work of reference; an essay in the analysis of style; a contribution to the prosopography of the late Roman quaestorship; a reflection on the fall of the western and the survival of the eastern Roman empire: the book combines all four. Using his innovative and controversial method of analysis, already successfully employed in his highly-acclaimed Emperors and Lawyers (2nd edn 1994, OUP), the author examines the laws of a crucial period of the late Roman empire (379-455 AD), a time when the West collapsed while the East survived. Wherever possible, he assigns each law to the likely imperial quaestor who drafted it. This approach yields a novel type of list of office holder (Fasti), in which each quaestor is associated with the laws he drafted. The author 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 accompanying Palingenesia on an accompanying disk will enable scholars to read the texts chronologically and to judge the soundness of the arguments advanced. This book will be welcomed as a significant advance in our understanding of a fascinating period of late antiquity.

This book provides an ideal introduction for anyone wondering whether to study law or those who are simply curious to know more about it. It is not confined to English law, but deals with the Western tradition of law as a whole. It outlines the key problems of constitutional law and the law of property, contracts, treaties, crimes and torts. It also explains the importance of law of forms, procedures, and interpretation and examines how law relates to government, history, and justice. In this way it vividly brings out the intellectual and practical fascination of the subject. The book is easy to read and the chapters are self-contained. Where possible, technical terms are avoided. When unavoidable, they are explained both in the text and in a glossary at the end of the book. The author is a leading lawyer, legal historian, and legal philosopher. During his career in Oxford he taught many hundreds of students and it is from this experience that the book is drawn.

This is the second edition of Tony Honoré's 1982 book on the life and works of Ulpian, the early third-century lawyer from Syria who contributed two-fifths of Justinian's sixth-century Digest, which for many centuries formed the staple of European legal education. His writing has been at least as influential as that of any other lawyer, ancient or modern. As an intellectual in government he not only wrote about Roman law and administration, public and private, on a massive scale but he also played a full part in the turbulent life of the Severan dynasty (193-235), until his own murder by rebellious troops in 223 or 224 AD.The book has been thoroughly revised in the light of recent scholarship and three new chapters added. The new edition stresses Ulpian's claim to be the first lawyer to champion human rights. He expounded Roman law to the cosmopolitan society of his time, in which citizenship was extended to all free people in the empire, as a system based on reason and equity designed for people, including slaves, who are by nature free and equal. His voluminous works, mainly composed in 213-17 AD, were dictated in a conversational style. In dealing with legal problems they argue from example and analogy and appeal to considerations of utility and equity in a way not unlike that of Anglo-American lawyers. The book examines Ulpian's style and method of work, distinguishes genuine works from those falsely attributed to him, and examines his claim that law is the true 'philosophy'.

This book is a study of the character and compilation of Justinian's Digest, the main volume of Justinian's Corpus Iuris Civilis (528-534 AD). This is often considered as one of the most influential works in the history of Western culture. It remains significant, partly because it is still a part of the law in six countries in Southern Africa, and partly because of its role in the evolution over fifteen hundred years of the theory and practice of human rights - a theme explored in Professor Honore's previous book studying Ulpian (2nd ed, OUP 2002).The book gives a detailed account of the probable methods used in the compilation of the Digest and distinguishes the respective roles of imperial ministers, law professors, and advocates. It also examines the broader issues raised by the Digest's creation - how it was conceived by its compilers, its purpose, and its impact.

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? Honore 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.

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? Honore 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. In 2001, writing in the Neue Juristische Wochenschrift Professor Reinhard Zimmermann selected Responsibility and Fault as one the foreign law books of the year, stressing that the argument that responsibility can be independent of fault would be especially interesting to German lawyers.From reviews of the hardback edition: "the essays present and defend the author's influential philosophical framework for the understanding of responsibility, and clarify its relation to, .. the law of torts and criminal law. The style throughout is elegant and often witty, and complex arguments...are developed with enviable lucidity." -Roderick Bagshaw (Law Quarterly Review) "Honore is never less than interesting and provocative. This splendid collection of essays can be strongly recommended to anyone interested in legal philosophy or in the moral dimensions of agency and responsibility." - R.A. Duff ( Philosophical Quarterly) "a marvellous collection of essays" William Lucy (Professional Negligence) "...it is a joy to read" -Dennis Klimchuk (Mind)