果冻影院

厂辫别补办别谤:听(University of Melbourne)
Chair: The Hon. Mr Justice Tugendhat

**Change of Date - this CLP will now take place on Thursday, 10th November**

About the Lecture

This lecture examines an idea which has made some headway into legal scholarship and case-law, namely, that the violation of a right ought to sound in substantial (compensatory) damages in and by itself, i.e. independently of any 鈥� factual 鈥� loss caused to the claimant. This doctrine of 鈥渘ormative damages鈥� (i.e. damages for a loss that is itself normative or abstract) was recently rejected by the High Court of Australia in听Lewis v ACT听[2020] HCA 26. However, although the doctrine was unanimously, and rightly, rejected, the clarity of that rejection was undermined by the fact that the issue of normative damages was intertwined in that case with considerations of causal counterfactuals, which analytically are distinct.

This lecture will step back from听Lewis听and argue that normative damages are wrong as a matter of principle. Not only do they contradict ancient and foundational principles of the law of damages, they effectively amount to considering the same injury twice.

About the Speaker

Eric Descheemaeker is a Professor of Law at Melbourne Law School. Before moving to Australia in 2017, he was Reader in European Private Law at the University of Edinburgh. He was educated at the Sorbonne, LSE and the University of Oxford, where he was also a fellow of St Catherine鈥檚 College from 2004-09. His DPhil dissertation was published as听The Division of Wrongs听(OUP 2009). Since then, he has published widely on torts, remedies and comparative legal history.

About Current Legal Problems

罢丑别听Current Legal Problems听(CLP) lecture series and annual volume was established over fifty five years ago at the Faculty of Laws, 果冻影院 and is recognised as a major reference point for legal scholarship.