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

Contract Law › Tort / Personal Injury › Restitution

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

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

Also available as

Paperback

Details

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.

Table of Contents

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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