Author: Hanoch Dagan File Type: pdf Dagans 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.ReviewIn this well-argued and persuasive book, Hanoch Dagan undertakes a doctrinal and normative analysis of the American law of restitution ... Professor Dagans 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. Epsteins metaphor, a common law coach restored to its former stability running atop four robust substantive wheels. --Harvard Law ReviewHanoch 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 ReviewDagans 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... what we have here is a clearly-argued and highly sophisticated treatment of a large number of the major issues arising in restitution cases ... You may not agree with the arguments but if you do not, you will have to mount some pretty sophisticated ones of your own. In any case, this is an excellent, scholarly and readable work that will not have much chance to gather dust on a restitution lawyers shelves. --Restitution Law ReviewThe book is a beautifully researched and argued analysis for the specialist. It is unusual in conception and execution but it is impressive, firstly, in its presentation of the central issues that arise in relation to important cases of the law of restitution. It also offers a very interesting and sometimes challenging critique of mainstream theory. --Edinburgh Law ReviewDagans thoughtful and thought-provoking book is a welcome and fundamental reappraisal of the ethical basis of the modern law of restitution ... [He] has produced an important and illuminating work with lessons of general application which will be of value throughout the common law world. He set himself the optimistic task of integrating the normative discourse into the legal analysis and, in this task, he has succeeded admirably. --Dublin University Law Journal...The Law and Ethics of Restitution is a challenging and important work not only in the law of restitution but also in legal theory... --Dennis Klimchuk, Canadian Journal of Law and JurisprudenceBook DescriptionAfter a long period of decline, the American law of restitution is finally being revived. The production of a new Restatement and a few recent high-profile restitution cases have played a part in this revival. This is the first book in more than two decades to provide a comprehensive account of the American law of restitution. By integrating doctrinal and ethical analyses of restitution, this book makes a major contribution to the long-overdue resurrection of restitution in America.

Author: Frank S. Giese File Type: pdf Artus Desire, whose career extended from 1545 to at least 1578, was the author of more than twenty theological treatises and anti-Protestant pamphlets. In this volume, Frank S. Giese provides the first comprehensive study of Artus Desire and his work. **

Author: Benjamin B. Olshin File Type: pdf span box-sizing inherit orphans 2 widows 2Lost Knowledge The Concept of Vanished Technologies and Other Human Historiesspanspan orphans 2 widows 2examines the idea of lost knowledge, reaching back to a period between myth and history. It investigates a peculiar idea found in a number of early texts that there were civilizations with knowledge of sophisticated technologies, and that this knowledge was obscured or destroyed over time along with the civilization that had created it. This book presents critical studies of a series of early Chinese, South Asian, and other texts that look at the idea of specific lost technologies, such as mechanical flight and the transmission of images. There is also an examination of why concepts of a vanished golden age were prevalent in so many cultures. Offering an engaging and investigative look at the propagation of history and myth in technology and culture, this book is sure to interest historians and readers from many backgrounds.span

Author: Beth Savickey File Type: epub Wittgensteins Art of Investigation is one of the first to focus on and provide an original and detailed analysis of Wittgensteins grammatical investigations. Beth Sarkey offers us new insight into the historical context and influences on method which will help students understand the intricacies and depth of his work.**