By Hanoch Dagan

ISBN-10: 0511216483

ISBN-13: 9780511216480

ISBN-10: 0521829046

ISBN-13: 9780521829045

Dagan's publication presents a dynamic and lots more and plenty wanted account of the yankee legislations of restitution. The ebook experiences the present doctrine, together with the imminent (third) Restatement, utilizing a moral standpoint to reveal and severely study the normative underpinnings of restitution's middle different types. the writer additionally discusses essentially the most debatable matters within the quarter, resembling cohabitation, flawed tax funds, and the position of optimistic trusts as trumps in financial disaster. He argues that the concept that of unjust enrichment isn't an self reliant cause of restitution yet, relatively, serves as a unfastened framework, structuring the contextual software of commitments to autonomy, application, and neighborhood in occasions the place both the reason for motion or the degree of restoration is benefit-based. by means of integrating doctrinal and moral analyses of restitution around the spectrum of restitution contexts, the writer deals major and provocative insights on present legislation in addition to attainable reforms.

Show description

Read Online or Download Law and ethics restitution PDF

Similar comparative books

Download e-book for iPad: Comparative Perspectives on Revenue Law: Essays in Honour of by John Avery Jones, Peter Harris, David Oliver

Devoted to the paintings of John Tiley, the most well known tax educational within the united kingdom for greater than 20 years, this quantity of essays specializes in subject matters that, between others, motivate the writings of Tiley. the 1st of those issues, tax avoidance, contains utilizing tax legislations in a fashion that's opposite to legislative reason.

New PDF release: Value Added Tax: A Comparative Approach (Cambridge Tax Law

This ebook integrates criminal, monetary, and administrative fabrics approximately worth extra tax. Its relevant goal is to supply entire educating instruments - legislation, circumstances, analytical routines, and questions drawn from the adventure of nations and companies from all components of the realm. It additionally serves as a source for tax practitioners and govt officers that needs to grapple with matters lower than their VAT or their potential VAT.

Read e-book online Comparative Pathobiology: Volume 3 Invertebrate Immune PDF

This represents the 3rd quantity of the sequence entitled Comparative PathobioZogy. The chapters incorporated signify the complaints of a symposium held at Oregon country collage, Corvallis, on August 16-22, 1975. The symposium used to be co-sponsored by means of the Society for Invertebrate Pathology (SIP) and the yankee Society of Zoologists (ASZ).

Stereo: Comparative Perspectives on the Sociological Study by Philippe Le Guern, Hugh Dauncey PDF

The time period 'Popular track' has routinely denoted various things in France and Britain. In France, the very notion of 'popular' tune has been fiercely debated and contested, while in Britain and extra principally all through what the French describe because the 'Anglo-saxon' international 'popular song' has been extra without difficulty approved as an outline of what humans do as rest or devour as a part of the track undefined, and as anything that lecturers are legitimately entitled to review.

Extra info for Law and ethics restitution

Example text

2083, 2084 (2001). preventing unjust enrichment 13 the “unitary principle” which “underlies the rules” of restitution. ” Institutional limitations, historical accidents, and conflicting principles that make it “impossible to be just to one without being unjust to the other” inhibit the perfect translation of “the fundamental conception of restitution” into rules. But this is always the case in law and, as with other branches of the law, such blemishes should not blind us from seeing the unitary principle of unjust enrichment.

Instead, I maintain that unjust enrichment can play a modest role as both a loose common theme of the law of restitution8 and as a reminder of the potential viability of the normative underpinnings of this body of law, thus functioning as an ongoing invitation to engage these underlying contextual commitments in developing restitution’s divergent doctrines. A Between moral principles and open-ended discretion When Warren Seavey and Austin Scott, the reporters of the first Restatement, explained the project to their readers in England, who were at that time “unfamiliar” with the field, they referred to unjust enrichment as 7 8 Andrew Kull, Rationalizing Restitution, 83 Cal.

Institutional limitations, historical accidents, and conflicting principles that make it “impossible to be just to one without being unjust to the other” inhibit the perfect translation of “the fundamental conception of restitution” into rules. But this is always the case in law and, as with other branches of the law, such blemishes should not blind us from seeing the unitary principle of unjust enrichment. As in other fields, “the subject of restitution is not properly or adequately described merely by a description of the purpose or interest that gives life to the rules.

Download PDF sample

Law and ethics restitution by Hanoch Dagan


by Anthony
4.3

Rated 4.79 of 5 – based on 48 votes