Essays On Restitution
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| Author | : Charles Mitchell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 338 |
| Release | : 2013-05-09 |
| Genre | : Law |
| ISBN | : 1782251367 |
The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.
| Author | : Judith Jarvis Thomson |
| Publisher | : Harvard University Press |
| Total Pages | : 286 |
| Release | : 1986 |
| Genre | : Philosophy |
| ISBN | : 9780674769816 |
Moral theory should be simple: the moral theorist attends to ordinary human action to explain what makes some acts right and others wrong, and we need no microscope to observe a human act. Yet no moral theory that is simple captures all of the morally relevant facts. In a set of vivid examples, stories, and cases Judith Thomson shows just how wide an array of moral considerations bears on all but the simplest of problems. She is a philosophical analyst of the highest caliber who can tease a multitude of implications out of the story of a mere bit of eavesdropping. She is also a master teller of tales which have a philosophical bite. Beyond these pleasures, however, she brings new depth of understanding to some of the most pressing moral issues of the moment, notably abortion. Thomson's essays determinedly confront the most difficult questions: What is it to have a moral right to life, or any other right? What is the relation between the infringement of such rights and restitution? How is rights theory to deal with the imposition of risk?
| Author | : Paul D. Finn |
| Publisher | : Lawbook Company |
| Total Pages | : 396 |
| Release | : 1990 |
| Genre | : Law |
| ISBN | : |
| Author | : Jeannette Baxter |
| Publisher | : Manchester University Press |
| Total Pages | : 491 |
| Release | : 2015-11-01 |
| Genre | : Literary Criticism |
| ISBN | : 1526102048 |
This book investigates the crucial question of ‘restitution’ in the work of W. G. Sebald. Written by leading scholars from a range of disciplines, with a foreword by his English translator Anthea Bell, the essays collected in this volume place Sebald’s oeuvre within the broader context of European culture in order to better understand his engagement with the ethics of aesthetics. Whilst opening up his work to a range of under-explored areas including dissident surrealism, Anglo-Irish relations, contemporary performance practices and the writings of H. G. Adler, the volume notably returns to the original German texts. The recurring themes identified in the essays – from Sebald’s carefully calibrated syntax to his self-consciousness about ‘genre’, from his interest in liminal spaces to his literal and metaphorical preoccupation with blindness and vision – all suggest that the ‘attempt at restitution’ constitutes the very essence of Sebald’s understanding of literature.
| Author | : Andrew S. Burrows |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 308 |
| Release | : 1991 |
| Genre | : Restitution |
| ISBN | : 9780198254348 |
When Goff and Jones published The Law of Restitution in 1966, they can justifiably be said to have "created" a new legal subject, for they convincingly showed that a mass of cases drawn from apparently disparate areas were best understood and explained as applications of an underlying and unifying principle of reversing unjust enrichment. This book contributes to the ongoing fight for the recognition, development, and correct application of the law of restitution.
| Author | : Andrew Burrows |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 146 |
| Release | : 2000-11-15 |
| Genre | : Law |
| ISBN | : 1847316751 |
NEW in paperback From the Reviews of the hardback edition: This is a fascinating and thought-provoking collection of eight essays..... Taken together they represent a coherent and compelling exposition of the English law of obligations.... One is left with the picture of an [author] ... who remains a devotee of "practical scholarship" and the deductive technique of the common law and has a grasp on its intricacies second to non." Edwin Peel, The Law Quarterly Review, 1999 "[These essays], all concerned with various aspects of contract, tort and unjust enrichment, are a pleasure to peruse, and a distinct cut above the usual lacklustre collection of past triumphs now beyond their sell-by date. Without exception they are both topical and relevant: ... together they form a readable, scholarly and eclectic mixture of exposition and polemic, of speculation and analysis" Andrew Tettenborn, The Cambridge Law Journal, 1999 "..quite simply the most convincing and complete explanation of the law of obligations that is currently available - the book is thorough, compelling, definitive, and highly important." Paul Kearns, Anglo-American Law Review, 1999 "an extremely important work, produced by a leading academic." David Wright, Adelaide Law Review
| Author | : William Cornish |
| Publisher | : Hart Publishing |
| Total Pages | : 373 |
| Release | : 1998-06-19 |
| Genre | : Law |
| ISBN | : 1901362426 |
The essays in this volume are dedicated to Gareth Jones, the retiring Downing Professor of English Law at the University of Cambridge. His contribution to legal scholarship has been immense, particularly in the fields of legal history, the law of trusts, charities law and, most famously, the law of restitution. The publication of the first edition of the Law of Restitution, which he co-authored with Lord Goff, stimulated a renaissance in the study of a subject which had previously lain dormant. The effect of its publication on English legal scholarship has been profound and enduring. In these essays, written by a group of the world's leading restitution scholars, the opportunity is taken to conduct a fresh appraisal of the development of the subject - to look, in other words, at the past, present, and future of the law of restitution. Contributors: John Baker, Peter Birks, Justice Finn, Roy Goode, Ewan McKendrick, Justice McLachlin, Sir Peter Millett, Lord Nicholls of Birkenhead, Richard Nolan, Janet O'Sullivan, Graham Virgo (as well as shorter contributions from invited commentators).
| Author | : J. Beatson |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 263 |
| Release | : 1991 |
| Genre | : Business & Economics |
| ISBN | : 9780198254256 |
The Law of Restitution is now firmly established as a distinct branch of the law of obligations. Yet for much of the past 25 years its status has been the subject of debate both in the courts and in academia and there are those who still regard it with suspicion. This is therefore anappropriate time to publish the collected essays of a scholar who has made a significant contribution to the study of restitution and who has established a distinctive position on many of its most keenly disputed controversies. For this collection the author has chosen a number of previouslypublished and influential papers which he has selectively revised and updated, together with a number of completely new papers which present his latest views on a range of issues central to the law of restitution.
| Author | : Andrew S. Burrows |
| Publisher | : Oxford University Press |
| Total Pages | : 789 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 0199296529 |
This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
| Author | : Charles Mitchell |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 271 |
| Release | : 2006-04-18 |
| Genre | : Law |
| ISBN | : 1847316956 |
It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
