Biography

Lionel Smith holds the Professorship of Comparative Law at the University of Oxford. Lionel has studied law at the University of Western Ontario (LL.B.), Cambridge University (LL.M., LL.D.), Oxford (D.Phil., M.A., D.C.L.) and the Université de Montréal (LL.B.). He previously taught at the University of Alberta (1991-2; 1994-96), Oxford University (1996-2000), McGill University (2000-2022) and the University of Cambridge (2022-24), where he was Downing Professor of the Laws of England and Director of the Cambridge Private Law Centre.

Lionel is interested in all aspects of fundamental comparative private law. He is particularly engaged with how private law understands aspects of unselfish behaviour, and he has an active research agenda in the law relating to trusts, fiduciary obligations, gifts, and unjust enrichment, in civil law and in common law.

Lionel’s latest book, The Law of Loyalty, was published by OUP in 2023, including in an electronic version by subscription. He is the author of The Law of Tracing (OUP 1997) and a co-author of Waters’ Law of Trusts in Canada, 5th edn (Carswell 2021). He is also a co-author and the English reporter of Commercial Trusts in European Private Law (CUP 2005; paperback 2009) and is the editor or co-editor of several books and special issues of law journals, including Equity and Trusts (Edward Elgar 2019) (with Alexandra Popovici), Comparative Property Law: Global Perspectives (Edward Elgar 2017) (with Michele Graziadei), The Worlds of the Trust (CUP 2013), La fiducie en droit civil (a special issue ((2013) 58:4) of the McGill Law Journal) and Re-imagining the Trust: Trusts in Civil Law (CUP 2012; Chinese translation, Law Press China 2021).

Lionel is a Titular Member of the International Academy of Comparative Law. He is also a member of the American Law Institute, the European Law Institute, and the International Academy of Estate and Trust Law. He is a non-practising member of the Bar of Alberta and the President of the World Society of Mixed Jurisdiction Jurists.

Lionel's Details

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Registered name: Lionel Smith
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Selected Publications

Many of Lionel’s papers are available on SSRN.

Books:

  • The Law of Loyalty (Oxford University Press, 2023)
  • Waters D, Gillen M and Smith L, Waters’ Law of Trusts in Canada, 5th edn (Thomson Reuters, 2021)
  • The Law of Tracing (Clarendon Press, 1997)

Journal Articles and Book Chapters:

  • Confusion, Illusion, or Delusion: The Irreducible Core of the Common Law Trust’ (2024) 114 Supreme Court Law Review (3d series) 175
  • With Alexandra Popovici, ‘equity is not Equity’, ch 16 in B McFarlane and S Elliott, eds, Equity Today (Oxford: Hart, 2023) 303
  • Conflict, Profit, Bias, Misuse of Power: Dimensions of Governance’, ch 8 in PB Miller and M Harding, eds, Fiduciaries and Trust: Ethics, Politics, Economics and Law (Cambridge: Cambridge University Press, 2020)
  • Parenthood is a Fiduciary Relationship (2020) 70 University of Toronto Law Journal 395
  • ‘Equity is Not a Single Thing’, ch 7 in D Klimchuk, I Samet, and HE Smith, eds, Philosophical Foundations of the Law of Equity (Oxford: Oxford University Press, 2020) 145
  • ‘Restitution: A New Start?’, ch 5 in P Devonshire and R Havelock, eds, The Impact of Equity and Restitution in Commerce (Oxford: Hart, 2018) 91
  • ‘Give the People What They Want? The Onshoring of the Offshore’ (2018), 103 Iowa L Rev 2155
  • ‘Massively Discretionary Trusts’ (2017), 70 Current Legal Problems 17; reprinted as ch 5 in RC Nolan, KFK Low, and TH Wu, eds, Trusts and Modern Wealth Management (Cambridge: Cambridge University Press, 2018) 130; reprinted (2019), 25 Trusts & Trustees 397
  • The Duties of Trustees in Comparative Perspective’ (2016) 24 European Review of Private Law 1031
  • ‘Fiduciary Relationships: Ensuring the Loyal Exercise of Judgement on Behalf of Another’ (2014), 130 Law Quarterly Review 608
  • Scottish Trusts in the Common Law (2013) 17 Edinburgh Law Review 283
  • Deterrence, Prophylaxis and Punishment in Fiduciary Obligations’ (2013) 7 Journal of Equity 87

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