Julius Stone (7 July 1907 – 1985) was
Challis Professor
The Challis Professorship are professorships at the University of Sydney named in honour of John Henry Challis, an Anglo-Australian merchant, landowner and philanthropist, whose bequests to the University of Sydney allowed for their establishment ...
of
Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
and
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
at the
University of Sydney
The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
from 1942 to 1972, and thereafter a visiting Professor of Law at the
University of New South Wales
The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensive ...
and concurrently Distinguished Professor of Jurisprudence and International Law at the
Hastings College of Law
The University of California, Hastings College of the Law (UC Hastings) is a public law school in San Francisco, California. Founded in 1878 by Serranus Clinton Hastings, UC Hastings was the first law school of the University of California ...
,
University of California
The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, ...
.
He is the author of 27 books on jurisprudence and international law, and is hailed by his official biography at the Julius Stone Institute of Jurisprudence as one of the premier legal theorists.
[Biography of Julius Stone]
, Julius Stone Institute of Jurisprudence, Sydney Law School, University of Sydney. URL accessed 5 May 2006.
Early life
Stone was born in
Leeds
Leeds () is a city and the administrative centre of the City of Leeds district in West Yorkshire, England. It is built around the River Aire and is in the eastern foothills of the Pennines. It is also the third-largest settlement (by populati ...
, England to parents who were poor
Lithuanian Jewish
Lithuanian Jews or Litvaks () are Jews with roots in the territory of the former Grand Duchy of Lithuania (covering present-day Lithuania, Belarus, Latvia, the northeastern Suwałki and Białystok regions of Poland, as well as adjacent areas o ...
refugees.
[
]
Education
Stone received a scholarship to Oxford University
Oxford () is a city in England. It is the county town and only city of Oxfordshire. In 2020, its population was estimated at 151,584. It is north-west of London, south-east of Birmingham and north-east of Bristol. The city is home to the ...
, where he earned Bachelor of Arts (Jurisprudence), Bachelor of Civil Law
Bachelor of Civil Law (abbreviated BCL, or B.C.L.; la, Baccalaureus Civilis Legis) is the name of various degrees in law conferred by English-language universities. The BCL originated as a postgraduate degree in the universities of Oxford and Camb ...
and Doctor of Civil Law
Doctor of Civil Law (DCL; la, Legis Civilis Doctor or Juris Civilis Doctor) is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws (LLD) degrees.
At Oxford, the degree is a higher ...
degrees. He followed this with a Master of Laws
A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...
from Leeds University
, mottoeng = And knowledge will be increased
, established = 1831 – Leeds School of Medicine1874 – Yorkshire College of Science1884 - Yorkshire College1887 – affiliated to the federal Victoria University1904 – University of Leeds
, ...
, and then a Doctor of Juridical Science
A Doctor of Juridical Science (SJD; ), or a Doctor of Science of Law (JSD; ), is a research doctorate in law equivalent to the more commonly awarded Doctor of Philosophy degree.
Australia
The S.J.D. is offered by the Australian National Unive ...
from Harvard University
Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
.
Career
Stone taught at Harvard, and briefly at Leeds, then went to New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...
where he worked at Auckland University College
, mottoeng = By natural ability and hard work
, established = 1883; years ago
, endowment = NZD $293 million (31 December 2021)
, budget = NZD $1.281 billion (31 December 2021)
, chancellor = Cecilia Tarrant
, vice_chancellor = Dawn F ...
. In 1942, he was appointed Challis Professor
The Challis Professorship are professorships at the University of Sydney named in honour of John Henry Challis, an Anglo-Australian merchant, landowner and philanthropist, whose bequests to the University of Sydney allowed for their establishment ...
of Jurisprudence and International Law at the University of Sydney
The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
, a position he held until 1972. Stone's appointment was controversial for several reasons; he was perceived to have a radical jurisprudential stance, some wanted the Chair to be held open until the end of the war as it was suggested that there were suitable candidates in active service. It was suspected that the fact that he was a Jew also played a role. A debate over his appointment was carried out in both the Australian parliament and local newspapers; the Chancellor of the University, and two Fellows of the University Senate, resigned in protest.[ This early experience of ]anti-Semitism
Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism.
Antis ...
influenced his lifelong commitment to justice, according to his biographer, Leonie Star (Star 1993).
Stone has been described by his official ''JSIJ'' biography as having "a life-long commitment to Israel"[ and in the '']Sydney Law Review
The ''Sydney Law Review'' is a peer-reviewed law journal established in 1953.
References
External links
*
SydLRev Online Australasian Legal Information Institute
The Australasian Legal Information Institute (AustLII) is an institution ...
'' as having an emotional and "fierce loyalty to the State of Israel" that led some of his colleagues to "express fear even to discuss Israel with him".
In 1972, Stone moved to the University of New South Wales
The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensive ...
, where he was a visiting Professor of Law until his death in 1985. While at University of New South Wales, he concurrently held the position of Distinguished Professor of Jurisprudence and International Law at the Hastings College of Law
The University of California, Hastings College of the Law (UC Hastings) is a public law school in San Francisco, California. Founded in 1878 by Serranus Clinton Hastings, UC Hastings was the first law school of the University of California ...
, University of California
The University of California (UC) is a public land-grant research university system in the U.S. state of California. The system is composed of the campuses at Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, ...
.
In 1999, 15 years after Stone's death, the University of Sydney established an institute of jurisprudence which was named after him, the Julius Stone Institute of Jurisprudence.[The Julius Stone Institute of Jurisprudence](_blank)
Accessed 21 January 2011
Influence
Stone influenced generations of lawyers who studied at University of Sydney. For most of his time there, the Law School was a practice-based school and students learnt what they needed to become practising lawyers. According to A J Brown of Griffith University, the former Justice
Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
of the High Court of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution.
The High Court was established fol ...
Michael Kirby was heavily influenced at university by Stone
Israeli settlements
Stone's view is that Israeli settlements
Israeli settlements, or Israeli colonies, are civilian communities inhabited by Israeli citizens, overwhelmingly of Jewish ethnicity, built on lands occupied by Israel in the 1967 Six-Day War. The international community considers Israeli se ...
in the West Bank
The West Bank ( ar, الضفة الغربية, translit=aḍ-Ḍiffah al-Ġarbiyyah; he, הגדה המערבית, translit=HaGadah HaMaʽaravit, also referred to by some Israelis as ) is a landlocked territory near the coast of the Mediter ...
are legal under international law, and do not constitute a violation of the Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in Augus ...
(Article 49(6)). He stated:
"Irony would...be pushed to the absurdity of claiming that Article 49(6), designed to prevent repetition of Nazi-type genocidal policies of rendering Nazi metropolitan territories judenrein, has now come to mean that...the West Bank...must be made judenrein and must be so maintained, if necessary by the use of force by the government of Israel against its own inhabitants. Common sense as well as correct historical and functional context excludes so tyrannical a reading of Article 49(6.)"
Criticism
Stone has been criticised for his views in the Israeli–Palestinian conflict
The Israeli–Palestinian conflict is one of the world's most enduring conflicts, beginning in the mid-20th century. Various attempts have been made to resolve the conflict as part of the Israeli–Palestinian peace process, alongside other ef ...
by Ben Saul
Ben Saul is the current Challis Professor of International Law at the University of Sydney and an Australian Research Council Future Fellow. He has appeared as an advocate in international, regional and national courts outside Australia, and he ...
, saying: "Many of Stone’s positions on critical international legal issues in the Israel/Palestine conflict stepped outside even generous zones of plausible or reasonable interpretations of the law, even on the law as it then often ambiguously stood, and certainly in hindsight."
Honours
*Award of the American Society of International Law (1956).
*Honorary life member of the American Society of International Law (1962).
* Swiney Prize for Jurisprudence from the Royal Society of Arts
The Royal Society for the Encouragement of Arts, Manufactures and Commerce (RSA), also known as the Royal Society of Arts, is a London-based organisation committed to finding practical solutions to social challenges. The RSA acronym is used m ...
(1964).
*World Research Award from the Washington Conference on World Peace through Law (1965).
*Officer of the Order of the British Empire, 1973.
*Officer of the Order of Australia, 1981.
*The Julius Stone Institute of Jurisprudence at Sydney Law School, University of Sydney
The University of Sydney (USYD), also known as Sydney University, or informally Sydney Uni, is a public research university located in Sydney, Australia. Founded in 1850, it is the oldest university in Australia and is one of the country's si ...
is named in his honour.
Publications
Books
*''International Guarantees of Minority Rights: Procedure of the Council of the League of Nations in Theory and Practice'' (1932)
*''Regional Guarantees of Minority Rights: A Study of Minorities Procedure in Upper Silesia'' (1933)
*''The Atlantic Charter: New Worlds for Old'' (1943)
*''"Stand Up and Be Counted!" An Open Letter to the Right Honourable Sir Isaac Isaacs PC, GCMGM, on the Occasional of the Twenty-Sixth Anniversary of the Jewish National Home'' (1944)
*''Recent Trends in English Precedent, with a Comparative Introduction on the Civil Law'' (1945)
*''The Province and Function of Law: Law as Logic, Justice and Social Control, A Study in Jurisprudence'' (1947; second edition, 1961)
*''Law and Society'' (1948–49)
*''Legal Controls of International Conflict: A Treatise on the Dynamics of Disputes- and War-Law'' (1954)
*''Aggression and World Order: A Critique of United Nations Theories of Aggression'' (1958)
*''Legal Education and Public Responsibility'' (1959)
*''The Eichmann Trial and the Rule of Law'' (1961)
*''Quest for Survival: The Role of Law and Foreign Policy'' (1961)
*''The International Court and World Crisis'' (1962)
*''The Legal System and Lawyers' Reasonings'' (1964)
*''Human Law and Human Justice'' (1965)
*''Soviet Jewry'' (1965)
*''Social Dimensions of Law and Justice'' (1966)
*''Law and the Social Sciences in the Second Half Century'' (1966)
*''Research for Advancement of Peace: A Check-List of Programme Choices'' (1968)
*''Toward a Feasible International Criminal Court'' (1970)
*''Approaches to the Notion of International Justice'' (1970)
*''Self-Determination and the Palestinian Arabs'' (1970)
*''Of Law and Nations: Between Power Politics and Human Hopes'' (1974)
*''Conflict through Consensus: United Nations Approaches to Aggression'' (1977)
*''Israel and Palestine: An Assault on the Law of Nations'' (1981)
*''Visions of World Order: Between State Power and Human Justice'' (1984)
*''Precedent and Law: The Dynamics of Common Law Growth'' (1985)
Pamphlets
*''International Law and The Arab-Israel Conflict'' (n.d.) ut after 1980
References
Further reading
*Star, Leonie. ''Julius Stone: an intellectual life''. Oxford University Press, 1993,
External links
Biography of Julius Stone
*Kirby, Michael
– a speech by Justice Michael Kirby at a Symposium to mark the 50th Anniversary of the publication of Stone's ''Province and Function of Law''.
*Stone, Julius
International Law and the Arab-Israeli conflict
(PDF) – Extracts from ''Israel and Palestine – Assault on the Law of Nations''
{{DEFAULTSORT:Stone, Julius
International law scholars
British emigrants to Australia
New Zealand legal scholars
British legal scholars
Harvard Law School alumni
University of California, Hastings faculty
University of Sydney faculty
University of New South Wales faculty
Australian Jews
1907 births
1985 deaths
Jurisprudence academics
University of Auckland faculty
Australian Officers of the Order of the British Empire
Officers of the Order of Australia
British expatriates in the United States
British expatriates in New Zealand