Topic: On rules and rulings
Presenter: Professor Stephen Smith - Faculty of Law, McGill University
Legal scholars’ neglect of the concept of a ruling has impeded their understanding not just of rulings but also of the substantive law. Focussing on private-law rulings (or ‘remedies’), and drawing on the main themes—theoretical and doctrinal—from a draft monograph, I argue that it is critical to distinguish rules about how individuals should treat one another (substantive private law) from rules about rulings (remedial private law), and that to draw this distinction we need to understand how rulings differ from rules and how the institutional context in which judicial rulings are issued affects their availability and content.
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