The law and ethics of restitution /
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| Author / Creator: | Dagan, Ḥanokh. |
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| Imprint: | Cambridge, UK ; New York, NY : Cambridge University Press, 2004. |
| Description: | 1 online resource (xxi, 374 pages) |
| Language: | English |
| Subject: | |
| Format: | E-Resource Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/11814786 |
| Summary: | 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. |
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| Physical Description: | 1 online resource (xxi, 374 pages) |
| Bibliography: | Includes bibliographical references (pages 332-365) and index. |
| ISBN: | 0511207530 9780511207532 9780511211119 0511211112 9780521829045 0521829046 0511212887 9780511212888 0511214693 9780511214691 0511216483 9780511216480 9780511495496 0511495498 1280540206 9781280540202 1107147697 9781107147690 0511315279 9780511315275 |