From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA> on behalf of Lionel Smith <0000034401f24f3b-dmarc-request@LISTS.MCGILL.CA>

Sent: Saturday 8 February 2025 13:28

To: ENRICHMENT@LISTS.MCGILL.CA

Subject: [RDG] Understanding Private Law: Essays in Honour of Stephen A Smith

Attachments: Fox-Decent, Goldberg and Smith_flyer[2].pdf

With apologies for cross-posting, I am pleased to announce the publication of Understanding Private Law: Essays in Honour of Stephen A Smith (Hart, 2025). Steve Smith, who passed away in 2022, was a long-time member of the RDG and colleagues will know that he wrote a series of important papers on restitution, and that it featured prominently in his book Rights, Wrongs, and Injustices: The Structure of Remedial Law (OUP, 2019).

Understanding Private Law includes 23 essays in addition to a Foreword and Introduction. In line with Steve's wishes, the essays all aim to engage with one or more of the arguments that Steve made in his own work. The result is a set of papers that ranges all across private law theory:

Foreword, Shauna Van Praagh
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

The editors are grateful to all of the authors and to the publisher for their contributions to this tribute to Steve.

Lionel

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