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15. In discussing the nature of concepts, this paper does not make any general epistemological claims about concepts or taxonomies. Our claim is not that concepts are necessarily as we describe them to be, in all legal systems and at all times: it is that they are currently so in private law in England and the Commonwealth.

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78. Sherwin, above n 24, p 11.

79. In principle, it is possible to come up with as many axes as one might like – sector of (defendant's) activity, type of relationship between claimant and defendant, type of relationship between defendant and impugned act, type of relationship between defendant and harm suffered, and so on. At some stage, however, the creation of more axes runs into diminishing returns. The two discussed here are simply intended as general examples. Others might be more relevant in specific instances, or as specific instances of the application of these two general axes.

80. Dworkin, above n 32, pp 238–254.

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97. And he admitted as much, saying that we must always be on alert for the possibility of error and inaccuracy. See Birks, Pbh ‘Equity in the modern law: an exercise in taxonomy’ (1996) 26 U W Austl L Rev 1 at 4.Google Scholar

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