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Hedley, Steve --- "Is remedies a subject?" [2019] ELECD 2287; in Halson, Roger; Campbell, David (eds), "Research Handbook on Remedies in Private Law" (Edward Elgar Publishing, 2019) 2

Book Title: Research Handbook on Remedies in Private Law

Editor(s): Halson, Roger; Campbell, David

Publisher: Edward Elgar Publishing

Section: Chapter 1

Section Title: Is remedies a subject?

Author(s): Hedley, Steve

Number of pages: 15

Abstract/Description:

What is the relation between legal remedies and the substantive law which these remedies implement? And how are the various legal remedies to be classified? These questions have received very different answers from different legal thinkers, reflecting rather different philosophies. Those with a relatively clear conception of the rights the law protects will typically have very definite ideas about what those remedies should consist of, reflecting the content of the rights themselves. Others, with less confidence in the substantive law’s ability to definitively state which cases call for a remedy, will rely to a greater extent on (implicitly or explicitly) discretionary concepts to facilitate the court in responding appropriately to whatever has occurred. In these and other respects, arguments over remedies often reflect subtle disagreements over the limits and purposes of the substantive law.