A Study of Private Law and Public Values
By (author) Hanoch Dagan
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Unjust Enrichment by Hanoch Dagan
Book DescriptionThis book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.
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Book DetailsISBN: 9780521584685
(228mm x 152mm x 20mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 18-Sep-1997
Country of Publication: United Kingdom
Books By Author Hanoch Dagan
Choice Theory of Contracts, Hardback (March 2017)
The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.
Reconstructing American Legal Realism & Rethinking Private Law Theory, Hardback (October 2013)
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.
Law and Ethics of Restitution, Hardback (August 2004)» View all books by Hanoch Dagan
This 2004 book provides acomprehensive account of the American law of restitution.
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