Professor Stephen Smith

During his time in the UK, Professor Smith will be undertaking research for a monograph entitled Rights, Wrongs, and Injustices: The Structure of Remedial Law. The monograph 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 judicial rulings that seek to resolve private law disputes (‘remedies’), the manuscript addresses three main questions: what, if anything, is distinctive about legal remedies in comparison to other legal phenomena, eg, substantive legal rules; what is the relationship between remedial law and substantive law; and what, if any, general principles underlie remedy law?