The Law and Ethics of Restitution
Editorial Reviews
Review
'In this well-argued and persuasive book, Hanoch Dagan undertakes a doctrinal and normative analysis of the American law of restitution ... Professor Dagan's approach to this multifaceted field requires him to wear different masks on different occasions, appearing [] sometimes as status quo-reinforcing conservative and other times as rule-revising revolutionary. The comprehensiveness and clarity of the book unlocks the exciting practical and theoretical potential of, to invoke Richard A. Epstein's metaphor, a common law coach restored to its former stability running atop four robust substantive wheels.' Harvard Law Review
'Hanoch Dagan undertakes to explain and justify the American law of restitution. He offers a broad theoretical account of this poorly understood subject, designed not only to fortify the substantive law of restitution but also to clarify the role and methodology of courts in developing the field ... Dagan has written an excellent book on a difficult subject. His analysis of restitution is careful, readable, extremely well-informed, and normatively attractive. It succeeds very well in presenting restitution as an accessible and appealing field of law.' Michigan Law Review
'Dagan's book is a significant milestone in the reawakening of the law of restitution in the legal academy of the United States. Its range and depth make it an effective protest against the marginalization of restitution. Dagan displays the intellectual richness of restitution by offering an intense and sustained analysis across the entire range of restitutionary problems ... Throughout, Dagan treats the law of restitution as a dynamic phenomenon whose every element calls for justification.' Virginia Law Review
Book Description
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.
The Law and Ethics of Restitution
The Law and Ethics of Restitution,Hanoch Dagan,Cambridge University Press,0521829046,Civil Rights,Comparative,Constitutional,Law,Legal Reference / Law Profession,Restitution,United States,Unjust enrichment,English legal system,Law / Comparative
English Books:
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