Introduction
Chapter 1 introduces the concept of a remedy and the associated concept of remedial law. Identifying remedies with ‘judicial orders’, Chapter 1 explains why this definition captures a distinctive and important legal phenomenon—albeit one that common law lawyers have failed to take seriously. In particular, the common law has not clearly distinguished remedial law from substantive law, with the consequence that its understanding of both subjects has been impeded. The chapter identifies four fundamental (but until now largely ignored) questions about remedial law—What is a remedy? Why does the law provide remedies? On what grounds are remedies issued? What kinds of remedies are issued?—and summarizes the book’s answers to these questions. Chapter 1 also describes different kinds of remedies, and briefly discusses the book’s terminology, methodology, and jurisdictional scope.