Understanding Private Law

Evan Fox-Decent holds the Canada Research Chair in Cosmopolitan Law and Justice at the Faculty of Law, McGill University, Canada. John Goldberg is Carter Professor of General Jurisprudence at Harvard Law School, USA. Lionel Smith is Downing Professor of the Laws of England at Cambridge University, UK.

Foreword, Shauna Van Praagh

List of Contributors

Introduction, Evan Fox-Decent, John CP Goldberg, Lionel Smith

Part One: Methodology

1. Mapmaking and Law’s 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 Smith’s “In Defence of the Third-Party Rule”, Jason W Neyers

Part Four: Law’s 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