Julius Stone
Encyclopedia
Julius Stone was Challis Professor of Jurisprudence
and International Law
at the University of Sydney
from 1942 to 1972, and thereafter a visiting Professor of Law at the University of New South Wales
and concurrently Distinguished Professor of Jurisprudence and International Law at the Hastings College of Law, University of California
.
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.
, England
to parents who were poor Lithuanian Jewish
refugees.
(Jurisprudence), Bachelor of Civil Law
and Doctor of Civil Law
degrees. He followed this with a Master of Laws
from Leeds University, and then a Doctor of Juridical Science
from Harvard University
.
where he worked at Auckland University College. In 1942, he was appointed Challis Professor of Jurisprudence and International Law at the University of Sydney
, 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
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 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
, 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, University of California
.
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.
According to A J Brown of Griffith University, the former Justice
of the High Court of Australia
Michael Kirby was heavily influenced at university by Stone. http://www.news.com.au/dailytelegraph/story/0,22049,24992503-5001030,00.html
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.)
by Ben Saul
, 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."
----
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
and International Law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
from 1942 to 1972, and thereafter a visiting Professor of Law at the University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...
and concurrently Distinguished Professor of Jurisprudence and International Law at the Hastings College of Law, University of California
University of California
The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...
.
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.
Early life
Stone was born in LeedsLeeds
Leeds is a city and metropolitan borough in West Yorkshire, England. In 2001 Leeds' main urban subdivision had a population of 443,247, while the entire city has a population of 798,800 , making it the 30th-most populous city in the European Union.Leeds is the cultural, financial and commercial...
, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
to parents who were poor Lithuanian Jewish
Lithuanian Jews
Lithuanian Jews or Litvaks are Jews with roots in the Grand Duchy of Lithuania:...
refugees.
Education
Stone received a scholarship to Oxford University, where he earned Bachelor of ArtsBachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
(Jurisprudence), Bachelor of Civil Law
Bachelor of Civil Law
Bachelor of Civil Law is the name of various degrees in law conferred by English-language universities. Historically, it originated as a postgraduate degree in the universities of Oxford and Cambridge, but many universities now offer the BCL as an undergraduate degree...
and Doctor of Civil Law
Doctor of Civil Law
Doctor of Civil Law is a degree offered by some universities, such as the University of Oxford, instead of the more common Doctor of Laws degrees....
degrees. He followed this with a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
from Leeds University, and then a Doctor of Juridical Science
Doctor of Juridical Science
Doctor of Juridical Science, Doctor of the Science of Law, Scientiae Juridicae Doctor , abbreviated J.S.D. or S.J.D., is a research doctorate in law and equivalent to the PhD It is offered primarily in the United States, where it originated, and in Canada...
from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
.
Career
Stone taught at Harvard, and briefly at Leeds, then went to New ZealandNew Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
where he worked at Auckland University College. In 1942, he was appointed Challis Professor of Jurisprudence and International Law at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
, 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
Anti-Semitism
Antisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
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 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
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...
, 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, University of California
University of California
The University of California is a public university system in the U.S. state of California. Under the California Master Plan for Higher Education, the University of California is a part of the state's three-tier public higher education system, which also includes the California State University...
.
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.
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. Stone's courses were the only ones that broadened the thinking of most of his students.According to A J Brown of Griffith University, the former Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
Michael Kirby was heavily influenced at university by Stone. http://www.news.com.au/dailytelegraph/story/0,22049,24992503-5001030,00.html
Oslo Accords
Similarly, international lawyer Prof. Julius Stone, in referring to the absurdity of considering Israeli settlements as a violation of Article 49(6), 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.)
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 ArtsRoyal Society of ArtsThe Royal Society for the encouragement of Arts, Manufacturers and Commerce is a British multi-disciplinary institution, based in London. The name Royal Society of Arts is frequently used for brevity...
(1964). - World Research Award from the Washington Conference on World Peace through Law (1965).
- The Julius Stone Institute of Jurisprudence at Sydney Law School, University of SydneyUniversity of SydneyThe University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
is named in his honour.
Criticism
Stone has been criticized for his views in the Israeli–Palestinian conflictIsraeli–Palestinian conflict
The Israeli–Palestinian conflict is the ongoing conflict between Israelis and Palestinians. The conflict is wide-ranging, and the term is also used in reference to the earlier phases of the same conflict, between Jewish and Zionist yishuv and the Arab population living in Palestine under Ottoman or...
by Ben Saul
Ben Saul
Ben Saul is associate professor of the University of Sydney and Co-Director of the Sydney Centre for International Law. His research interests include international law, in particular, international aspects of anti-terrorism law, humanitarian law, human rights law, among others.Ben Saul publishes...
, 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."
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)
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- Star, Leonie. Julius Stone : An Intellectual Life. Oxford University Press, 1993, ISBN 0-424-00174-8
Pamphlets
- International Law and The Arab-Israel Conflict (n.d.) [but after 1980], ISBN 0-646-04964-X
Further reading
- Star, Leonie. Julius Stone: an intellectual life. Oxford University Press, 1993, ISBN 0-424-00174-8
External links
- Kirby, Michael. Julius Stone and the High Court of Australia - 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