Tony Honoré

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Anthony Maurice "Tony" Honoré (born March 30, 1921 in London , † February 26, 2019 in Oxford ) was an English lawyer and university professor , known for his work on property , causality in law and Roman law .

Career

Born in London in 1921, Honoré grew up in South Africa , where he attended Diocesan College in Rondebosch , a suburb of Cape Town . In 1940 he was admitted to study at Oxford , but postponed his studies in order to do his military service in World War II . He was badly wounded in the first battle of El Alamein in 1942.

He actually started studying law and legal philosophy at New College around 1946. His teacher was Francis de Zulueta , of Spanish-Irish descent . His tutor during this time was the German lawyer Fritz Pringsheim , who had fled the Nazi regime to England because of his Jewish origins. Pringsheim encouraged Honoré to continue his studies on Roman law despite his poor knowledge of German. Honoré's relationship with the University of Freiburg later developed through Pringsheim . Honoré's friendship with Detlef Liebs later ensured that this relationship was maintained. Honoré remained the only English-speaking student at Pringsheim. Along with Franz Wieacker , he is considered the most important Pringsheim student. With this knowledge, he wrote a chapter on Pringsheim in 2004, examining the consequences of emigration.

After graduating in 1949, Honoré received a Rhodes scholarship . From 1948 Honoré taught in Oxford. During this time, the Oxbridge Fellow taught at Queen's College and later at New College as a Rhodes Reader in Roman-Dutch law . From 1971 to 1988 he followed David Daube as Regius Professor of Civil Law and Fellow at All Souls College . Although he had retired from this chair, he continued to teach at the university with his former student, the legal philosopher John Gardner .

Research interests

His own research focused on the legal history of Roman law, particularly lawyers in this field, for example Tribonianus and Ulpian , South African Trust Law and other civil or mixed jurisdiction systems, legal philosophy, especially questions of accountability and comparative law .

Honoré is considered a close confidante of HLA Hart (1907-1992). Together they published Causation in the Law in 1959 after giving lectures on the subject together. On top of that Honoré is some impact on Hart's masterpiece The concept of law (Engl. Concept of Law awarded) (1961). His collaboration with John Gardner was just as close.

Honoré property

The American lawyer James E. Penner describes Honoré together with Wesley Newcomb Hohfeld despite considerable differences in their approaches as the founder of the idea of ​​“property as a bundle of rights” (see property theories ). Other researchers add Daniel Bromley .

Who Owns British Telecom?
rain
screen

BT stock
British
Telecom
1 Right to own Yes Yes No
2 Right to use Yes Yes No
3 Right to manage Yes Yes shareholders meeting only
4th Right to income Yes Yes official dividend only
5 Right to the capital value Yes Yes only if
the company is broken up
6th Right to security from expropriation Yes Yes No
7th Transfer process Yes Yes No
8th Right to the thing is not limited in time Yes Yes Yes
9 Duty to prevent harm Yes Yes No
10 Attachability of the thing Yes Yes No
11 residual rights Yes Yes Yes

Honoré introduces his explanation with a comparison : When you see an unknown animal, you compare it with known animals. If the animal has enough characteristics of an elephant, then the animal will be called an elephant. Honoré's influential approach to property is characterized by treating property not as a single right, but as a set of rights (and obligations). He gives a list of eleven elements of property. If these rights largely coincide with a thing, then he also speaks of ownership of the thing. The eleven rights and obligations are:

  1. the right to own: the owner may own the thing, i.e. has exclusive control over the thing. If the thing cannot be physically possessed, for example in the case of non-things, then possession is understood metaphorically or simply as preventing others from using it.
  2. the right to use: the owner may use the thing for personal purposes, also as a difference to the rights to management and profit use.
  3. the right to manage: the owner can control who, when and how the property is used.
  4. the right to income: the owner has the rights to any income that the thing generates by letting third parties use the thing.
  5. the right to capital value: the owner may sell, give away, consume, waste, modify or destroy the thing.
  6. the right to security from expropriation: the owner must not be expropriated (Honoré speaks of “immunity” from expropriation).
  7. the process of transfer: the owner may transfer parts of his rights or all rights to the thing to third parties, for example bequeath or give them away.
  8. the right to the thing is not limited in time: the rights do not expire with time, but are eternal.
  9. the duty to prevent damage: A third party must not be harmed by the thing.
  10. the attachment of the thing: the thing can be attached to cover debts.
  11. Residual Rights: The existence of rules to remedy due owner rights, such as who holds the property rights when taxes are not paid or when other obligations of the property are not met.

If you analyze property in different legal systems according to these criteria, the result for an umbrella is remarkably stable. Whether the term is used in the UK, France, Russia or China, it will be very similar. The same applies to a share. But if you examine a stock corporation, the picture is no longer very clear (see box on the right). This question was raised in an English court case, Short v. Treasury Commission (1948, AC 534) raised. Here the Treasury took ownership of the listed company on the basis of the Defense Regulation (1939), but none of the sellers wanted to give up the ownership rights. The lord judges upheld the decision and decided:

"Shareholders are not, in the eyes of the law, part owners of the undertaking"

"Shareholders are, in the eyes of the law, not part-owners of the company"

- Judgment of the Law Lords , quoted by Vivek Khanna

Using Honoré's criteria, John Kay analyzed that ownership of the share does not convey ownership of the company. The rights that the shareholder has vis-à-vis the stock corporation do not constitute ownership.

Parts of these rights are controversial. For example, Honoré mentions the right to destroy as a fifth right, cited as

“The right to the capital consists in the power to alienate the thing and the liberty to consume, waste or destroy the whole or part of it… The latter liberty need not be regarded as unrestricted; but a general provision requiring things to be conserved in the public interest, so far as not consumed by use in the ordinary way, would perhaps be inconsistent with the liberal idea of ​​ownership. "

“The right to capital consists of the power to dispose of the thing and the freedom to consume, waste or destroy in part or in whole ... the ultimate freedom does not have to be unlimited; but a general reservation that something must be preserved in the public interest and not be consumed in the ordinary way would possibly be incompatible with the liberal idea of ​​property. "

- Tony Honoré (1961) quoted by Lior Strahilevitz

The basic idea is that the owner of an apple can eat it naturally and thus destroy the apple. The question is different for other things. The lawyer Joseph Sax questions this right when it comes to cultural goods (Playing Darts with a Rembrand) . Other authors also defend this right in the face of possible harm by considering possible harm that may result from restriction of property rights. Strahilevitz argues with the destruction of the frozen embryos of a couple whose male part after the divorce demanded the destruction of the embryos created in vitro, which the mother wanted to donate.

Honors

Honoré was Crown Attorney and Bencher of Lincoln's Inn , member of the British Academy , the Bavarian Academy of Sciences (since 1992), the Accademia Costantiniana and the International Academy of Comparative Law . Honoré was awarded honorary doctorates from the universities of South Africa , Stellenbosch and Cape Town in 1995 for his support in establishing the South African Constitutional Court . He is an honorary citizen of the hometown of his predecessor Alberico Gentili , San Ginesio , Italy , and an honorary fellow of Harris Manchester College , Oxford.

Honoré has given the Hamlyn (1982, University of Exeter ), Blackstone ( Pembroke College (Oxford) ) and HLA Hart (University of Oxford) Lectures , the JH Gray Lecture at the University of Cambridge and the Maccabaen Lecture in Law at the British Academy . Three commemorative publications were published in his honor :

  • Neil MacCormick, Peter Birks (Eds.): The Legal Mind: Essays for Tony Honoré. 1985.
  • Peter Cane, John Gardner (Eds.): Relating to Responsibility: Essays in Honor of Tony Honoré on his 80th Birthday. 2001.
  • Daniel Visser, Max Loubser (Eds.): Thinking about Law: Essays for Tony Honore. 2011.

In 2013, a scholarship bearing his name was awarded in honor of Tony Honoré.

bibliography

Honoré is the author of sixteen books and over a hundred articles. According to the World Catalog, 78 of his works are listed in 377 publications and translated into five languages ​​by well over 7,500 libraries.

Books

  • with HLA Hart: Causation in the Law. Oxford 1959.
  • Gaius. Clarendon Press, 1962.
  • The South African Law of Trusts. Juta 1965.
  • Tribonian. Duckworth 1978.
  • Sex Law. Duckworth 1978.
  • with J. Menner: Concordance to the Digest Jurists. 1980.
  • Emperors and Lawyers. Duckworth, 1981.
  • Ulpian; Clarendon Press. New York 1982.
  • The Quest for Security: Employees, Tenants, Wives. Stevens 1982.
  • About Law: An Introduction. Clarendon Press, 1985.
  • Making Law Bind. Oxford 1987.
  • Law in the Crisis of Empire. New York 1998.
  • Responsibility and Fault. Oxford 1999.

Important articles

  • Responsibility and luck: the moral basis of strict liability. In: Law Quarterly Review. (1988) 104, p. 530.

Individual evidence

  1. Yearbook of the Bavarian Academy of Sciences . Bavarian Academy of Sciences, 1987, ISBN 3-7696-7976-8 , p. 49 . (Online edition)
  2. unknown: Tony Honoré (1921-2019). In: All Souls College, Oxford website. All Souls College, Oxford, February 26, 2019, accessed February 26, 2019 .
  3. ^ A b c John Gardner Tony Honoré as Teacher and Mentor: A Personal Memoir. ( Memento of January 13, 2013 in the Internet Archive ) Retrieved April 1, 2014.
  4. a b c d e f g h Jacob Giltaij and Ville Erkkilä (2015) An interview with Tony Honoré ; on forum historiae iuris (www.forhistiur.de/) February 26, 2015; ISSN  1860-5605
  5. ^ A b Online list of the Rhodes Scholar Database ; Retrieved April 1, 2014.
  6. a b c d Tony Honoré's profile on the All Souls College, Oxford website; Retrieved April 1, 2014.
  7. ^ Tony Honoré's Jubilee ( Memento of November 13, 2011 in the Internet Archive ). In: Oxford Law News. Winter 2008/09; Retrieved April 1, 2014.
  8. ^ A b c David G. Owen: Philosophical Foundations of Tort Law. Oxford University Press, Oxford 1995.
  9. ^ A b c Leonie Breunung and Manfred Walther (2012) The Emigration of German Legal Scholars from 1933: Western European States, Turkey, Palestine / Israel, Latin American States, South African Union ; Walter de Gruyter, ISBN 978-3-11-025910-0
  10. Europe and Greek Law. (No longer available online.) 2002, archived from the original on March 29, 2016 ; accessed on March 29, 2016 (German).
  11. Tony Honoré (2004) Fritz Pringsheim (1882-1967) ; in Jack Beatson and Reinhard Zimmermann; Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain ; Oxford University Press; doi : 10.1093 / acprof: oso / 9780199270583.001.0001
  12. a b c d e Profile of Tony Honoré ( memento of April 7, 2014 in the Internet Archive ) on the University of Oxford website, accessed on April 1, 2014.
  13. ^ A b c Daniel Visser, Max Loubser: Thinking about Law: Essays for Tony Honore . Siber Ink, Westlake (South Africa) 2011. Retrieved April 1, 2014.
  14. Tony Honoré: Obituary for HLA Hart on the University of Oxford website, 1992, accessed April 1, 2014.
  15. Joshua Getzler (2009) Plural Ownership, Funds, and the Aggregation of Wills , in Theoretical Inquiries in Law 10.1
  16. Christopher S. Galik and Pamela Jagger (2014) Bundles, Duties, and Rights: A Revised Framework for Analysis of Natural Resource Property Rights Regimes ; Duke Environmental and Energy Economics Working Paper Series;
  17. a b c d Anthony M. Honoré: Ownership. In: AG Guest: Oxford Essays in Jurisprudence 1961, pp. 107-147. quoted in John Kay: Test of Possession. In: The Financial Times. February 28, 1997.
  18. ^ B. Björkman, SO Hansson: Bodily rights and property rights. In: Journal of medical ethics. Volume 32, number 4, April 2006, pp. 209-214, doi : 10.1136 / jme.2004.011270 , PMID 16574874 , PMC 2565785 (free full text) (review).
  19. Eric Baskind, Greg Osborne, and Lee Roach (2013) Commercial Law ; Oxford University Press, Oxford, United Kingdom; ISBN 978-0-19-966423-8 .
  20. Janet McLean (1999) Property and the Constitution; Hart Publishing; Oxfort and Portland, Oregon; ISBN 1-84113-055-9 .
  21. ^ Property and Ownership. In: Stanford Encyclopedia of Philosophy. Retrieved April 2, 2014.
  22. Denise R. Johnson; Reflections on the Bundle of Rights ( Memento April 7, 2014 in the Internet Archive ). Retrieved April 2, 2014.
  23. a b c L. S. Sealy: Cases and Materials in Company Law. Cambridge University Press, 1971, ISBN 0-521-08117-3 , p. 661.
  24. ^ Vivek Khanna: The Nature of the Share in Registered Companies ( Memento of April 7, 2014 in the Internet Archive ). Retrieved April 2, 2014.
  25. ^ John Kay, Shareholders think they own the company - they are wrong in the Financial Times of November 10, 2015; accessed on May 31, 2016.
  26. a b c d Lior Strahilevitz: The Right to Destroy . Working Paper University of Chicago Law School, 2004.
  27. ^ Anthony M. Honoré: Ownership. In: AG Guest: Oxford Essays in Jurisprudence. 1961, pp. 107-147.
  28. ^ Joseph L. Sax: Playing Darts with a Rembrandt: Public and Private Rights in Cultural Treasures. 2001.
  29. Directory of Prof. Dr. Antony Maurice Honoré , full member of the Bavarian Academy of Sciences ; Retrieved April 26, 2015.
  30. Famous personalities ( Memento of the original from April 7, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on the website (Italian) of the municipality of San Ginesio; Retrieved April 2, 2014. @1@ 2Template: Webachiv / IABot / www.sanginesio.org
  31. ^ List of Honorary Fellows ( Memento April 7, 2014 in the Internet Archive ) of Harris Manchester College, University of Oxford; Retrieved April 2, 2014.
  32. List of Hamlyn Lectures lecturers on the University of Exeter website, accessed April 1, 2014.
  33. ^ List of the lecturers of the HLA Hart Lectues; Retrieved April 1, 2014.
  34. ^ Neil MacCormick, Peter Birks: The Legal Mind: Essays for Tony Honoré. Claredons Press, Oxford 1985, ISBN 0-19-876196-1 .
  35. Peter Cane, John Gardner (Ed.): Relating to Responsibility: Essays in Honor of Tony Honoré on his 80th Birthday. Hart Publishing Co., Oxford 2001, ISBN 1-84113-210-1 .
  36. ^ In honor of Honoré. (PDF) (No longer available online.) In: The Queen's College Newsletter. June 2013, archived from the original on September 24, 2015 ; accessed on February 18, 2016 (English, issue 22).
  37. ^ Entry on Tony Honoré on Worldcat, accessed April 1, 2014.

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