The Law and Ethics of Restitution
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About the Book
Dagan's book provides a dynamic and much needed account of the American law of restitution. The book reviews the existing doctrine, including the forthcoming (third) Restatement, 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, structuring the contextual application of commitments to autonomy, utility, and community in situations where either the cause of action or the measure of recovery is benefit-based. 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.
Book Details
ISBN-13: 9780521829045
EAN: 9780521829045
Publisher Date: 30 Nov 2012
Bood Data Readership Text: Professional & Vocational
Dewey: 347.730
Height: 228 mm
Language: English
MediaMail: Y
Number of Items: 01
PrintOnDemand: N
Series Title: English
Title Prefix: The
Width: 152 mm
ISBN-10: 0521829046
Publisher: Cambridge University Press
Binding: Hardcover
Country Of Origin: United Kingdom
Gardner Classification Code: V01
Is LeadingArticle: Y
LCCN: 2005280876
No of Pages: 398
Pagination: 398 pages, black & white illustrations
Returnable: N
Spine Width: 22 mm
UK Availability: GXC
Year Of Publication: 2004