Understanding Private Law
Essays in Honour of Stephen A Smith

Edited by John Goldberg,Lionel Smith,Evan Fox-Decent

ISBN13: 9781509971152

Imprint: Hart Publishing

Publisher: Bloomsbury Publishing PLC

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Published: 14/11/2024

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Description
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.
Foreword, Shauna Van Praagh List of Contributors Introduction, Evan Fox-Decent, John C.P. Goldberg, Lionel Smith Part One: 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. The Moral Meaning of Legal Maps, Larissa Katz 6. What Might Contract Theory Be?, Gregory Klass Part Two: Remedies 7. Continuity and Creativity in the Law of Remedies, Arthur Ripstein 8. The Continuity Thesis: The Gift that Fails to Keep on Giving, James Penner 9. The Moral Authority of Rulings, Evan Fox-Decent 10. Monstrans de droit, Petition of Right, and Liability for Crown Debt, Joshua Getzler 11. Trusts as Remedies, Robert Chambers Part Three: Contract 12. The Scope of Restraint of Trade, Robert Stevens 13. Rights, Wrongs, Injustices and the Three Strata of Contract Law, Mark Gergen 14. Conceptualizing the Law of Contractual Modifications: A Different Framework, Peter Benson 15. Applying Smith to the Practice of Contract Remedies, Adam Kramer KC 16. In Defence of Smith’s “In Defence of the Third-Party Rule”, Jason Neyers Part Four: Law’s Normativity 17. Trying and Succeeding, John C.P. Goldberg & Benjamin C. Zipursky 18. The Unknowability Objection, Dennis Klimchuk 19. Ignorance and Legal Obligation, Fred Wilmot-Smith 20. The Cough Drops on Loyalty, Lionel Smith 21. Free-standing Liabilities: A Functional Classification, Nick McBride 22. Liabilities, not Duties, to Make Restitution, Bill Swadling 23. Is Private Law Normatively Distinctive?, Paul Miller List of Publications of Stephen A. Smith, 1994-2022
  • Private / Civil law: general works
  • Contract law
  • Professional & Vocational
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List Price: £100.00