When philosophers put forward claims for or against 'property', it is often unclear whether they are talking about the same thing that lawyers mean by 'property'. Likewise, when lawyers appeal to 'justice' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as 'justice'. J. W. Harris here examines the legal and philosophical underpinnings of the concept of property and offers a new analytical framework for understanding property and justice.

This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedentand of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable (...) re-writing has been undertaken to update case-law and take account of the possibleimplications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent. (shrink)

BSTRACT Frantz Fanon’s works have been invaluable in the analysis of colonies and the colonized subject’s mentality therein, but an analysis of the colonial power itself has been largely left to the wayside. The aim of this paper is to explicate a key element of Fanon’s theoretical framework, the metropolis/periphery dichotomy, then, using the writings of Huey P. Newton and Stokely Carmichael, among others, show its reversal within the colonial power. I will analyze this reversal in three ways: first, the (...) reversal of the relationship between, and the roles of, the metropolis and periphery; second, the role of police and the differences between the colonial police and the police within the colonial power; and third, the modified role of prisons within the colonial power. (shrink)

Frantz Fanon’s works have been invaluable in the analysis of colonies and the colonized subject’s mentality therein, but an analysis of the colonial power itself has been largely left to the wayside. The aim of this paper is to explicate a key element of Fanon’s theoretical framework, the metropolis/periphery dichotomy, then, using the writings of Huey P. Newton and Stokely Carmichael, among others, show its reversal within the colonial power. I will analyze this reversal in three ways: first, the reversal (...) of the relationship between, and the roles of, the metropolis and periphery; second, the role of police and the differences between the colonial police and the police within the colonial power; and third, the modified role of prisons within the colonial power. (shrink)