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Understanding Private Law: Essays in Honour of Stephen A. Smith

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Understanding Private Law: Essays in Honour of Stephen A. Smith

Name: Understanding Private Law: Essays in Honour of Stephen A. Smith
Brand: Hart Publishing
SKU: 9781509971152
Price: 1261.00 HKD
Availability: InStock
Author: Evan Fox-Decent; John C.P. Goldberg; Lionel Smith
ISBN: 9781509971152

Edited by Evan Fox-Decent · John C.P. Goldberg · Lionel Smith

Hart Publishing January 2025

Specifications

ISBN-13: 9781509971152
Publisher: Hart Publishing
Publication: January 2025
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

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Paperback

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This book engages with some of Stephen A Smith's most significant arguments, illustrating that he was a towering figure in the field of private law, with little of the field not impacted by his scholarship.

The contributors explore Professor Smith's most controversial thinking on private law. Interrogating questions of contract law, remedies, unjust enrichment, comparative law, and the legal theory underlying these fields, this is an important publication in the field.

Introduction

Evan Fox-Decent, John C.P. Goldberg, Lionel Smith

Methodology:

1. Two Genres of Interpretive Legal Theories

Hanoch Dagan

2. The Elegance of Private Law

Andrew Gold

3. Comparative Legal Scholarship: Anything but Ordinary

Rosalie Jukier

4. Comparative Law, Undisciplined

Helge Dedek

5. Adventures without a Map

Shauna Van Praagh

6. The Moral Meaning of Legal Maps

Larissa Katz

7. The Last Word in Theory

Gregory Klass

Remedies:

8. Reasons and Recourse

Robert Stevens

9. Critique of the “Continuity Thesis”

Arthur Ripstein

10. On The Continuity Thesis

James Penner

11. The Moral Authority of Orders

Evan Fox-Decent

12. Rights versus Wrongs in Remedial Claims: The Historical Case of Debt

Joshua Getzler

13. Trusts as Remedies

Robert Chambers

Contract

14. Implications of Smith's Theory of Remedies for Substantive Contract Law

Mark Gergen

15. The Assignability of Contractual Rights and the Theory of Contract Law

Peter Benson

16. Applying Smith to the practice of contract remedies

Adam Kramer KC

17. In Defence of Smith's “In Defence of the Third Party Rule”

Jason Neyers

Law's Normativity:

18. The Birth of a Tort: Brown v. Kendall, Negligence and Qualified Duties of Noninjury

John C.P. Goldberg & Benjamin C. Zipursky

19. The Unknowability Objection

Dennis Klimchuk

20. Ignorance and Legal Obligation

Fred Wilmot-Smith

21. The Cough Drops on Loyalty

Lionel Smith

22. Free-standing Liabilities: A Functional Classification

Nick McBride

23. Liabilities, not Duties, to Make Restitution

Bill Swadling

24. Is Private Law Normatively Distinctive?

Paul Miller

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Table of Contents

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