This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.
This book comprises essays in law and legal theory celebrating the life and work of Jim Harris. The topics addressed reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include the nature of law and legal reasoning, rival theories of property rights and their impact on practical questions before the courts; the nature of precedent in legal argument; and the evolving concept of human rights and its place in legal discourse.
Jim Harris: Fellow & Tutor in Law, Keble College, Oxford from 1973 until his death in 2004. Professor since 1997. Formerly Lecturer at the LSE. A distinguished scholar principally in the fields of philosophy and property, and especially the philosophy of property, he had recently turned his attention to human rights; a topic he was actively working on at his untimely death. His major works include Property & Justice (1996) and Law and Legal Science (1979). He was best known to generations of students for his work Legal Philosophies (1980).
Inhaltsangabe
* Foreword * I * Legal Theory * 1: Stanley Paulson: J.W. Harris's Kelsen * 2: Julie Dickson: Interpreting Normativity * 3: Brian Bix: Reductionism and Explanation in Legal Theory * 4: Jes Bjarup: Scepticism and Scandinavian Legal Realists * 5: Jeremy Horder: Precedent, Morality and Judicial Discretion in Statutory Interpretation * II * Property * 6: Richard Epstein: Weak and Strong Conceptions of Property * 7: Tony Honoré: Property And Ownership * 8: David Lametti: The Morality of James Harris's Theory of Property * 9: James Penner: Ownership, Co-ownership, and the Justification of Property Rights * 10: Stephen Munzer: Plants, Torts, and Intellectual Property * 11: Edwin Peel: The Legacy of Penn v. Lord Baltimore * 12: Joshua Getzler: Property, Personality, and Violence * III * Precedent * 13: Isabelle Rorive: Towards Principles of Overruling in a Civil Law Supreme Court * 14: Lionel Smith: The Rationality of Tradition * IV * Human Rights * 15: Hugh Corder: Judging Rights in a Democratic South Africa * 16: John Eekelaar: Invoking Human Rights * 17: Timothy Endicott: The Infant in the Snow * 18: Bernard Rudden: Matter Matters * Bibliography of the Works of Jim Harris
* Foreword * I * Legal Theory * 1: Stanley Paulson: J.W. Harris's Kelsen * 2: Julie Dickson: Interpreting Normativity * 3: Brian Bix: Reductionism and Explanation in Legal Theory * 4: Jes Bjarup: Scepticism and Scandinavian Legal Realists * 5: Jeremy Horder: Precedent, Morality and Judicial Discretion in Statutory Interpretation * II * Property * 6: Richard Epstein: Weak and Strong Conceptions of Property * 7: Tony Honoré: Property And Ownership * 8: David Lametti: The Morality of James Harris's Theory of Property * 9: James Penner: Ownership, Co-ownership, and the Justification of Property Rights * 10: Stephen Munzer: Plants, Torts, and Intellectual Property * 11: Edwin Peel: The Legacy of Penn v. Lord Baltimore * 12: Joshua Getzler: Property, Personality, and Violence * III * Precedent * 13: Isabelle Rorive: Towards Principles of Overruling in a Civil Law Supreme Court * 14: Lionel Smith: The Rationality of Tradition * IV * Human Rights * 15: Hugh Corder: Judging Rights in a Democratic South Africa * 16: John Eekelaar: Invoking Human Rights * 17: Timothy Endicott: The Infant in the Snow * 18: Bernard Rudden: Matter Matters * Bibliography of the Works of Jim Harris
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