The Law and Ethics of Restitution
By (author) Hanoch Dagan
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Law and Ethics of Restitution by Hanoch Dagan
Book DescriptionDagan'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.
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Book DetailsISBN: 9780521829045
(228mm x 152mm x 22mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 12-Aug-2004
Country of Publication: United Kingdom
Books By Author Hanoch Dagan
Reconstructing American Legal Realism & Rethinking Private Law Theory, Hardback (October 2013)View all books by Hanoch Dagan
This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
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Author Biography - Hanoch Dagan
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.
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