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.
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World-leading private lawyers explore the impact of Stephen A Smiths research on the fields of contract law, remedies, unjust enrichment, comparative law, and legal theory.
Foreword, Shauna Van Praagh
List of Contributors
Introduction, Evan Fox-Decent, John CP Goldberg, Lionel Smith
Part One: Methodology
1. Mapmaking and Laws Legitimacy, Larissa Katz
2. The Elegance of Private Law, Andrew Gold
3. Comparative Legal Scholarship: Anything but Ordinary, Rosalie Jukier
4. Two Genres of Interpretive Legal Theories, Hanoch Dagan
5. Comparative Law as an Academic Discipline, Helge Dedek
Part Two: Remedies
6. Continuity and Creativity in the Law of Remedies, Arthur Ripstein
7. The Moral Authority of Rulings, Evan Fox-Decent
8. The Continuity Thesis: The Gift that Fails to Keep on Giving, James
Penner
9. Monstrans de droit, Petition of Right, and Liability for Crown Debt,
Joshua Getzler
10. Trusts as Remedies, Robert Chambers
11. Remedial Restitutionary Rights?, Bill Swadling
Part Three: Contract
12. The Scope of Restraint of Trade, Robert Stevens
13. What Might Contract Theory Be?, Gregory Klass
14. Rights, Wrongs, Injustices and the Three Strata of Contract Law, Mark
Gergen
15. Conceptualizing the Law of Contractual Modifications: A Different
Framework, Peter Benson
16. Applying Smith to the Practice of Contract Remedies, Adam Kramer KC
17. In Defence of Smiths In Defence of the Third-Party Rule, Jason W
Neyers
Part Four: Laws Normativity
18. Trying and Succeeding, John CP Goldberg & Benjamin C. Zipursky
19. The Unknowability Objection, Dennis Klimchuk
20. Must We Know What We Owe?, Frederick Wilmot-Smith
21. The Cough Drops on Loyalty, Lionel Smith
22. Free-standing Liabilities, Nicholas J McBride
23. Is Private Law Normatively Distinctive?, Paul B Miller
List of Publications of Stephen A. Smith, 1994-2022
Evan Fox-Decent holds the Canada Research Chair in Cosmopolitan Law and Justice at the Faculty of Law, McGill University, Canada. John C. P. Goldberg is Carter Professor of General Jurisprudence at Harvard Law School, USA. Lionel Smith is Professor of Comparative Law at the University of Oxford, UK.
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