Tony Honoré
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Anthony Maurice Honoré (30 March 1921 – 26 February 2019) was a British lawyer and jurist known for his work on
ownership Ownership is the state or fact of legal possession and control over property, which may be any asset, tangible or intangible. Ownership can involve multiple rights, collectively referred to as '' title'', which may be separated and held by dif ...
, causation and
Roman law Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also den ...
.John Gardne
''Tony Honoré as Teacher and Mentor: A Personal Memoir''
; read 1 April 2014.


Biography

Honoré was born in London but was brought up in South Africa. He served in the South African Infantry during the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
and was severely wounded in the Battle of Alamein. After the war he continued his studies at
New College, Oxford New College is a constituent college of the University of Oxford in the United Kingdom. Founded in 1379 by Bishop William of Wykeham in conjunction with Winchester College as New College's feeder school, New College was one of the first col ...
, and he lived and taught in
Oxford Oxford () is a City status in the United Kingdom, cathedral city and non-metropolitan district in Oxfordshire, England, of which it is the county town. The city is home to the University of Oxford, the List of oldest universities in continuou ...
for seventy years, including periods as a
fellow A fellow is a title and form of address for distinguished, learned, or skilled individuals in academia, medicine, research, and industry. The exact meaning of the term differs in each field. In learned society, learned or professional society, p ...
of The Queen's College and then of New College.Profile o
Tony Honré
All Souls College website, Oxford; read 1 April 2014.
Between 1971 and 1988 he was Regius Professor of Civil Law at Oxford and a Fellow of
All Souls College, Oxford All Souls College (official name: The College of All Souls of the Faithful Departed, of Oxford) is a constituent college of the University of Oxford in England. Unique to All Souls, all of its members automatically become fellows (i.e., full me ...
;Profile o
Tony Honoré
University of Oxford website, read 1 April 2014.
Daniel Visser and Max Loubser (2011)
Thinking about Law: Essays for Tony Honore
'; Siber Ink, Westlake (South Africa). read 1 April 2014.
for nearly 30 years after retiring from his chair, he taught seminars in Jurisprudence for the BCL jointly with John Gardner. Honoré was a close associate of H. L. A. Hart. They jointly wrote ''Causation in the Law'' (Oxford, 1st ed. 1959, 2nd 1985) in 1953-8 and Honoré had some influence on Hart's ''The Concept of Law'' (Oxford, 1st ed. 1961, 2nd 1994). A number of his philosophical papers are collected in ''Making Law Bind'' (Oxford, 1987) and ''Responsibility and Fault'' (Oxford, 1999) and his contributions to legal philosophy and Roman law, which range widely, include 16 books and more than a hundred articles published over six decades. Honoré was an honorary
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
and Bencher of
Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...
, a member of the
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and Bavarian Academies and of the International Academy of Comparative Law. In South Africa, his standing has been recognised by the award of honorary degrees from the Universities of
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
,
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Thomas Baldwin ...
and
Cape Town Cape Town is the legislature, legislative capital city, capital of South Africa. It is the country's oldest city and the seat of the Parliament of South Africa. Cape Town is the country's List of municipalities in South Africa, second-largest ...
. When receiving this last degree, in 1990, he had the opportunity to give an address. He used this opportunity to point to the parallel between the extension of citizenship to all free people in the
Roman Empire The Roman Empire ruled the Mediterranean and much of Europe, Western Asia and North Africa. The Roman people, Romans conquered most of this during the Roman Republic, Republic, and it was ruled by emperors following Octavian's assumption of ...
, regardless of race, sex or religion, by
Caracalla Marcus Aurelius Antoninus (born Lucius Septimius Bassianus, 4 April 188 – 8 April 217), better known by his nickname Caracalla (; ), was Roman emperor from 198 to 217 AD, first serving as nominal co-emperor under his father and then r ...
in 211 AD, and the extension of citizenship to the whole of the South African population. This he foresaw would need an adjustment of the legal system, and he suggested a constitutional court to carry it through with a parallel to the composition of the German Constitutional Court.
Nelson Mandela Nelson Rolihlahla Mandela ( , ; born Rolihlahla Mandela; 18 July 1918 – 5 December 2013) was a South African Internal resistance to apartheid, anti-apartheid activist and politician who served as the first president of South Africa f ...
approved of this. It was put into practice in 1995, and has been a success. He delivered the
Hamlyn Lectures The Hamlyn Lectures are a series of public lectures in England, Scotland, Wales and Northern Ireland given annually on a legal topic. The lectures have been given every year since 1949 in memory of Emma Hamlyn 's father William Bussell Hamlyn. Hi ...
(1982), the Blackstone and H. L. A. Hart lectures, the J. H. Gray lectures at
Cambridge Cambridge ( ) is a List of cities in the United Kingdom, city and non-metropolitan district in the county of Cambridgeshire, England. It is the county town of Cambridgeshire and is located on the River Cam, north of London. As of the 2021 Unit ...
and the Maccabaean lecture in Jurisprudence at the British Academy. Three
Festschrift In academia, a ''Festschrift'' (; plural, ''Festschriften'' ) is a book honoring a respected person, especially an academic, and presented during their lifetime. It generally takes the form of an edited volume, containing contributions from the h ...
en have been published in his honour. * Neil MacCormick and Peter Birks (eds., 1985) ''The Legal Mind: Essays for Tony Honoré'';Neil MacCormick and Peter Birks (Eds., 1985) ''The Legal Mind: Essays for Tony Honoré''; Claredons Press, Oxford. * Peter Cane and John Gardner (eds., 2001) ''Relating to Responsibility: Essays in Honor of Tony Honoré on his 80th Birthday''.Peter Cane and John Gardner (Eds., 2001) ''Relating to Responsibility: Essays in Honor of Tony Honoré on his 80th Birthday''; Oxford: Hart Publishing Co., * Daniel Visser and Max Loubser (eds., 2011) ''Thinking about Law: Essays for Tony Honore''; On 17 September 2004 he received
honorary citizenship Honorary citizenship is a status bestowed by a city or other government on a foreign or native individual whom it considers to be especially admirable or otherwise worthy of the distinction. The honor usually is symbolic and does not confer an ...
from the then mayor of San Ginesio, Pietro Enrico Parrucci.


List of publications

;Books * ''Gaius: a biography'' (Oxford, 1962) * ''Tribonian'' (London, 1978) * ''Sex Law in England'' (London: Duckworth, 1978) * ''Emperor and Lawyers: with a paligenesia of third-century imperial rescripts 193–305 AD'' (London, 1st ed. 1981; Oxford, 2nd ed. 1994) * ''Ulpian: pioneer of human rights'' (Oxford, 1st ed. 1982; 2nd ed. 2002) * ''The Quest for Security: Employees, Tenants, Wives'' (London: Stevens, 1982) * ''Causation in the Law'' (Oxford, 1st ed. 1959; 2nd 1985) – with H. L. A. Hart * ''Making Law Bind'' (Oxford, 1987) * ''Concordance to the Digest Jurists'' (Oxford: OMP, 1980) – with J. Menner * ''About Law: an introduction'' (Oxford, 1995) * ''Law in the Crisis of the Empire 379–455 AD: the Theodosian dynasty and its quaestors'' (Oxford, 1998) * ''Responsibility and Fault'' (Oxford, 1999) * ''Justinian's Digest: character and compilation'' (Oxford, 2010) ;Articles * "Responsibility and luck: the moral basis of strict liability" (1988) 104 ''Law Quarterly Review'' 530


References


External links


Tony Honoré 1921– 2019
Memorial notice from the Oxford Law faculty, by John Gardner. from 7 March 2019.
link

Tony Honoré (F, 1938) – RIP
Memorial from the Diocesan College alumni network site from 26 February 2019.
Tony Honoré's web site
Includes several online papers and brief biographical details. {{DEFAULTSORT:Honore, Tony 1921 births 2019 deaths British philosophers of law Members of Lincoln's Inn Alumni of New College, Oxford Fellows of New College, Oxford Fellows of the Queen's College, Oxford Fellows of All Souls College, Oxford University of Cape Town alumni Regius Professors of Civil Law (University of Oxford) Honorary King's Counsel Fellows of the British Academy South African Army officers British expatriates in South Africa Academics of the University of Nottingham