基本説明
Topics 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; etc.
Full Description
The late Jim Harris' theory of the science of law, and his theoretical work on human rights and property, have been a challenge and stimulus to legal scholars for the past twenty-five years. This collection of essays, originally conceived as a festschrift and now offered to the memory of a greatly admired scholar, assesses Harris' contribution across many fields of law and legal philosophy. The chapters are written by some of the foremost specialists writing today, and reflect the wide range of Harris's work, and the depth of his influence on legal studies. They include contributions on topics as diverse as 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.
With a foreword by the Honourable Justice Edwin Cameron, this volume celebrates the life and work of Jim Harris
Contents
Foreword ; I ; Legal Theory ; 1. J.W. Harris's Kelsen ; 2. Interpreting Normativity ; 3. Reductionism and Explanation in Legal Theory ; 4. Scepticism and Scandinavian Legal Realists ; 5. Precedent, Morality and Judicial Discretion in Statutory Interpretation ; II ; Property ; 6. Weak and Strong Conceptions of Property ; 7. Property And Ownership ; 8. The Morality of James Harris's Theory of Property ; 9. Ownership, Co-ownership, and the Justification of Property Rights ; 10. Plants, Torts, and Intellectual Property ; 11. The Legacy of Penn v. Lord Baltimore ; 12. Property, Personality, and Violence ; III ; Precedent ; 13. Towards Principles of Overruling in a Civil Law Supreme Court ; 14. The Rationality of Tradition ; IV ; Human Rights ; 15. Judging Rights in a Democratic South Africa ; 16. Invoking Human Rights ; 17. The Infant in the Snow ; 18. Matter Matters ; Bibliography of the Works of Jim Harris
