"Duties Without Rights" - Professor Lionel Smith

The ECPLDG are delighted to welcome Professor Lionel Smith, Downing Professor of the Laws of England, University of Cambridge, to speak on "Duties Without Rights". In this presentation he will be elaborating an account of how we act for others from his forthcoming book The Law of Loyalty.

In this, he aims to incorporate implementations in both private and public law, and in both common law and civil law. He explores the phrase ‘relationships of administration’ as a generic label for situations in which a person holds powers in order to equip them to act, not for themselves or their own benefit, but in the pursuit of an other-regarding purpose. This account has led to the identification of multiple cross-cutting divisions within the subject. For example, some administrators (like agents and mandataries) hold what civilians call a power of representation, meaning that they can change the legal rights and obligations of their beneficiary; others (like trustees) do not. Some are subject to the instructions of their beneficiaries; others are not. Some hold impersonal offices; others do not. Some relationships are subject to a supervisory jurisdiction; others are not.

The most prominent division in his account is between public and private administration. This brings in further divisions such as that between private and public enforcement, and private and public interests. This paper addresses a distinction which is conceptually different from that between public and private administration, but which almost aligns with it: the difference between directed and undirected duties (and liabilities). When this idea makes its appearance in private law, it may be deeply subversive of private law’s usual architecture.

About the book

The event is free to attend but the organisers anticipate it will be popular so we encourage those who wish to attend in person to reserve their space early to avoid disappointment. It will be a hybrid event but please only reserve a ticket if you wish to attend in person. If you reserve a space but subsequently find you cannot attend, please email the organisers at ecpldg@gmail.com so your ticket can be reallocated.

If you wish to attend online, please email ecpldg@gmail.com noting your interest. A link to the event will then be sent out to virtual attendees on the day."

Register to attend in person.