The Law and Ethics of Restitution

Inbunden, Engelska, 2004

1 387 kr

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Beskrivning

Dagan's 2004 book provides a dynamic account of the American law of restitution. The book reviews the existing doctrine, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution. Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. He further tackles the recent restitution claims of slave laborers (or their descendants) against corporations that benefited from their enslavements, and of governmental bodies against injurious industries. Dagan argues that the concept of unjust enrichment is not an independent reason for restitution but, rather, serves as a loose framework. By integrating doctrinal and ethical analyses of restitution across the spectrum of restitution contexts, the author offers significant and provocative insights on existing law as well as possible reforms.

Produktinformation

Utgivningsdatum:2004-08-12
Mått:152 x 229 x 22 mm
Vikt:700 g
Format:Inbunden
Språk:Engelska
Antal sidor:398
Förlag:Cambridge University Press
ISBN:9780521829045

Utforska kategorier

Rättsordning inom Juridik

Mer om författaren

Hanoch Dagan is Professor of Law and Jurisprudence at Tel-Aviv University, and Affiliated Overseas Professor at the University of Michigan Law School. He wrote Unjust Enrichment: A Study of Private Law and Public Values (1997). His recent articles have been published in the California Law Review, Columbia Law Review, Michigan Law Review, New York University Law Review, Texas Law Review, Virginia Law Review, and Yale Law Review.

Recensioner i media

'In this well-argued and persuasive book, Hanoch Dagan undertakes a doctrinal and normative analysis of the American law of restitution … Professor Dagan's approach to this multifaceted field requires him to wear different masks on different occasions, appearing [] sometimes as status quo-reinforcing conservative and other times as rule-revising revolutionary. The comprehensiveness and clarity of the book unlocks the exciting practical and theoretical potential of, to invoke Richard A. Epstein's metaphor, a common law coach restored to its former stability running atop four robust substantive wheels.' Harvard Law Review

Innehållsförteckning

1. Introduction; 2. Preventing unjust enrichment; 3. Mistakes; 4. Other-regarding conferrals of benefits; 5. Self-interested conferrals of benefits; 6. Restitution in contexts of informal intimacy; 7. Wrongful enrichments; 8. Restitution in a contractual context; 9. Restitution in bankruptcy; 10. Reasons for restitution.