Tony Honoré

Tony Honore

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.

An Introduction

About Law

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.

The Theodosian Dynasty and Its Quaestors with a Palingenesia of Laws of the Dynasty

Law in the Crisis of Empire, 379-455 AD

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.

Character and Compilation

Justinian's Digest

Antony M. Honoré

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.

Responsibility and Fault

The essays in this volume are devoted to the ideas of Tony Honoré,one of the most important legal thinkers of his generation.

Tony Honoré

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