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.
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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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Hard Cover. Condition: Very Good. No Jacket. First Edition. Laminated boards. Top of spine bumped and some faint crinkles in the lamination. Binding tight and contents clean. This is a heavy book and we will request extra shipping if ordered from outside the UK. 328536. Seller Inventory # 328536
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Hardcover. Condition: new. Hardcover. 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. This 2004 book provides a comprehensive account of the American law of restitution. By integrating doctrinal and ethical analyses of restitution, the book makes a major contribution to the resurrection of restitution in America. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780521829045
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Condition: New. This 2004 book provides acomprehensive account of the American law of restitution. Num Pages: 398 pages, black & white illustrations. BIC Classification: 1DBKE; 1DBKW; LNA. Category: (P) Professional & Vocational. Dimension: 228 x 152 x 22. Weight in Grams: 754. . 2004. hardcover. . . . . Seller Inventory # V9780521829045
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