Can I read Rights, Wrongs, and Injustices: The Structure of Remedial Law. By Stephen A. Smith. [Oxford University Press, 2019. xxi + 337 pp. Hardback £80. ISBN 978-0-19-922977-2.] on EtoBox?

Rights, Wrongs, and Injustices: The Structure of Remedial Law. By Stephen A. Smith. [Oxford University Press, 2019. xxi + 337 pp. Hardback £80. ISBN 978-0-19-922977-2.] by Andrew S. Gold is a Social Sciences article available to read on EtoBox.

What is Rights, Wrongs, and Injustices: The Structure of Remedial Law. By Stephen A. Smith. [Oxford University Press, 2019. xxi + 337 pp. Hardback £80. ISBN 978-0-19-922977-2.] about?

Stephen Smith's new book, Rights, Wrongs, and Injustices, is filled with deep insights into the workings of private law. It is brilliant, and I believe it will become a classic in its field. The book begins with a fundamental question: what is a remedy? It then proceeds to several related questions. Why does the law provide remedies? On what grounds are remedies issued? And, what kinds of remedies are available? The answers will sometimes prove controversial, but they are also compelling. On Smith's account, remedies are judicial rulings and they are issued because they provide people with distinctive reasons for action. They are issued on one of three grounds: proof that a defendant is unwilling to comply with a plaintiff's substantive rights (a rights-threat); proof the defendant wronged the claimant (a wrong); and proof of an unfair loss or gain (an injustice). In turn, remedies take more than one form. Notably, they may be replicative, in which case they replicate a private party's pre-existing substantive duties, such as a specific performance order. Or, they may be creative, in which case they impose new duties on defendants, such as exemplary damages. One of the book's notab

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Author

Andrew S. Gold

Publisher

Cambridge University Press (CUP)

Published

2020

Language

EN

Field

Social Sciences