‘Rights, Wrongs, And Injustices: The Structure Of Remedial Law’: Stephen Smith, Edinburgh Centre For Private Law, 31 May 2018

This seminar will discuss the main ideas in a draft manuscript of a book of the same title. The book seeks to establish the existence of, and provide the intellectual foundations for, a body of law that has been largely unacknowledged, ignored, or misunderstood in the western legal tradition. Focusing primarily on the common law tradition and, within that tradition, on rulings dealing with private law disputes, the book addresses three main questions: (1) what, if anything, is distinctive about remedies; (2) what is the relationship between remedial law and substantive law; and (3) what, if any, general principles underlie remedy law? The book’s answers are, first, remedies provide distinctive reasons for action, in particular they provide reasons different from those provided by either rules or sanctions. Second, the relationship between remedial and substantive law is poorly understood, impoverishing our understanding of both … (more)

[Edinburgh Centre for Private Law, 12 April]

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