J. H. C. Morris
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John Humphrey Carlile Morris (18 February 1910 – 29 September 1984) was a British legal scholar, best known for his contributions to the
conflict of laws Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad t ...
.


Early life

John Morris was born in
Wimbledon Wimbledon most often refers to: * Wimbledon, London, a district of southwest London * Wimbledon Championships, the oldest tennis tournament in the world and one of the four Grand Slam championships Wimbledon may also refer to: Places London * ...
on 18 February 1910, to Humphrey William Morris and Jessie Muriel, daughter of Henry Vercoe, of Pendarves,
Camborne Camborne ( kw, Kammbronn) is a town in Cornwall, England. The population at the 2011 Census was 20,845. The northern edge of the parish includes a section of the South West Coast Path, Hell's Mouth and Deadman's Cove. Camborne was formerl ...
,
Cornwall Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlantic ...
. Humphrey Morris had become a successful London solicitor, following his father, Howard Carlile Morris, who was a partner in a firm he had co-founded. Howard Morris's mother, Sarah Anne Carlile, was of a Scottish family; cousins were the politician and businessman Sir
Hildred Carlile Sir Edward Hildred Carlile, 1st Baronet, (10 July 1852 – 26 September 1942) was an English businessman and Conservative Party politician. Early life Born in Richmond, Surrey, in 1852, Carlile was educated at St Albans School and abroad. He ...
, 1st Baronet, and his brother
Wilson Carlile Wilson Carlile, CH (1847–1942) was an English priest and evangelist who founded the Church Army and was a prebendary of St Paul's Cathedral, London. Known as "The Chief", Carlile inspired generations of evangelists. Early years Carlile was ...
, founder of the
Church Army The Church Army is an evangelistic organisation and mission community founded in 1882 in association with the Church of England and now operating internationally in many parts of the Anglican Communion. History The Church Army was founded in E ...
. Like his father, Morris was educated at
Charterhouse School (God having given, I gave) , established = , closed = , type = Public school Independent day and boarding school , religion = Church of England , president ...
where he was elected to a Holford Scholarship to read history at
Christ Church, Oxford Christ Church ( la, Ædes Christi, the temple or house, '' ædēs'', of Christ, and thus sometimes known as "The House") is a constituent college of the University of Oxford in England. Founded in 1546 by King Henry VIII, the college is uniqu ...
, although after two terms he switched to study law. He graduated with first class honours degrees in the Final Honour School and subsequently on the BCL. He was elected to an
Eldon Law Scholarship The Eldon Law Scholarship is a scholarship awarded to students from the University of Oxford who wish to study for the English Bar. Applicants must either have obtained a first class honours degree in the Final Honours School, or obtained a distin ...
, but was unsuccessful in his quest for the
Vinerian Scholarship The Vinerian Scholarship is a scholarship given to the University of Oxford student who "gives the best performance in the examination for the degree of Bachelor of Civil Law". Currently, £2,500 is given to the winner of the scholarship, with an a ...
. In 1934 he was called to the Bar by
Gray's Inn The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wale ...
, but he did not enjoy legal practice. In 1936 he left to return to Oxford at a tutor in law at
Magdalen College, Oxford Magdalen College (, ) is a constituent college of the University of Oxford. It was founded in 1458 by William of Waynflete. Today, it is the fourth wealthiest college, with a financial endowment of £332.1 million as of 2019 and one of the s ...
where (with the exception of one year as a visiting fellow at Harvard) he would spend the remainder of his professional life. During his brief career at the Bar, he did appear on one occasion before the
House of Lords The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the ...
in ''
Government of India v Taylor ''Government of India v Taylor'' 955AC 491 (sometimes called ''Re Delhi Electric Supply & Traction Co Ltd'') is a judicial decision of the House of Lords relating to the enforceability of foreign tax claims under English law. The House of Lords ...
''
955 Year 955 (Roman numerals, CMLV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * August 10 – Battle of Lechfeld (955), Battle of Lechfeld: King Otto I, H ...
AC 491. In 1939 he married (Mercy) Jane, daughter of civil servant Stanley Asher Kinch. They never had children.


War service

At the outbreak of
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
Morris was too old to enlist, so instead joined the
Royal Navy Volunteer Reserve The Royal Naval Reserve (RNR) is one of the two volunteer reserve forces of the Royal Navy in the United Kingdom. Together with the Royal Marines Reserve, they form the Maritime Reserve. The present RNR was formed by merging the original Ro ...
. He was posted initially to the
Faroe Islands The Faroe Islands ( ), or simply the Faroes ( fo, Føroyar ; da, Færøerne ), are a North Atlantic island group and an autonomous territory of the Kingdom of Denmark. They are located north-northwest of Scotland, and about halfway bet ...
to defend against possible attack, and was later involved in allied training operations preparing for
D-Day The Normandy landings were the landing operations and associated airborne operations on Tuesday, 6 June 1944 of the Allied invasion of Normandy in Operation Overlord during World War II. Codenamed Operation Neptune and often referred to as D ...
.


Academic contributions

After arriving at Magdalen, Morris was credited with transforming the teaching of law at the college, including the recruitment of key academics such as
Rupert Cross Sir Alfred Rupert Neale Cross (15 June 1912 in Chelsea, London – 12 September 1980, Oxford) was a prominent English lawyer and academic. He was the second of two sons of Arthur George Cross, an architect in Hastings,H. L. A. Hart, 'Arthur ...
. Two students who claimed to have been particularly influenced by him were
Lord Browne-Wilkinson Nicolas Christopher Henry Browne-Wilkinson, Baron Browne-Wilkinson, PC (30 March 1930 – 25 July 2018) was a British judge who served as a Lord of Appeal in Ordinary from 1991 to 2000, and Senior Lord of Appeal in Ordinary from 1998 to 2000. ...
and
Ronald Dworkin Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New Yo ...
. Unusually, he never held a chair at Oxford. He was reportedly offered the post of
Vinerian Professor of English Law The Vinerian Professorship of English Law, formerly Vinerian Professorship of Common Law, was established by Charles Viner who by his will, dated 29 December 1755, left about £12,000 to the Chancellor, Masters and Scholars of the University of O ...
in 1954, but declined in favour of his colleague, Rupert Cross. He is most famous for his contributions to private international law. Whilst at Harvard he published a notable article in
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 ...
on the subject,''The Proper Law of the Tort'' (1951) 64 Harv LR 881 and he taught the subject for decades to BCL students at Oxford. But he is most famous as general editor of what is now as '' Dicey Morris & Collins on the Conflict of Laws''. However he also published the 9th edition of ''Theobald on Wills'' and ''Cases on Private International Law'', and wrote extensively on property law. Morris was a longstanding critic of the
double actionability Double actionability is a doctrine of private international law which holds that an action for an alleged tort committed in a foreign jurisdiction can be successful in a domestic court only if it would be actionable under both the laws of the home j ...
rule in tort, but did not live long enough to see the rule relaxed by the Privy Council in ''
Red Sea Insurance Co Ltd v Bouygues SA ''Red Sea Insurance Co Ltd v Bouygues SA'' 9951 AC 190 is a judicial decision of the Privy Council relating to choice of law in tort. The case was an appeal from the decision of the Court of Appeal of Hong Kong, but as the case was decided in ...
''
995 Year 995 (Roman numerals, CMXCV) was a common year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Japan * 17 May - Fujiwara no Michitaka (imperial regent) dies. * 3 June: Fujiwara no ...
1 AC 190. Upon his retirement Morris was honoured with a book published in dedication to him: ''Contemporary Problems in the Conflict of Law: Essays in Honour of John Humphrey Carlile Morris''. The foreword was written by
Lord Scarman Leslie George Scarman, Baron Scarman, (29 July 1911 – 8 December 2004) was an English judge and barrister, who served as a Law Lord until his retirement in 1986. Early life and education Scarman was born in Streatham but grew up on the borde ...
, who expressed himself as indebted to Morris for his guidance during his (Scarman's) time as Chairman of the
Law Commission A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal chang ...
. Outside of his academic and legal career, Morris wrote ''Thank You, Wodehouse'' in 1981, a book of essays about the work of comic novelist
P. G. Wodehouse Sir Pelham Grenville Wodehouse, ( ; 15 October 188114 February 1975) was an English author and one of the most widely read humorists of the 20th century. His creations include the feather-brained Bertie Wooster and his sagacious valet, Jeev ...
, of whom Morris was a devoted fan.


Footnotes

{{DEFAULTSORT:Morris, J. H. C. 1910 births 1984 deaths Fellows of Magdalen College, Oxford People educated at Charterhouse School Alumni of Christ Church, Oxford Members of Gray's Inn Conflict of laws scholars