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
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