the law and ethics of restitution

Download Book The Law And Ethics Of Restitution in PDF format. You can Read Online The Law And Ethics Of Restitution here in PDF, EPUB, Mobi or Docx formats.

The Law And Ethics Of Restitution

Author : Hanoch Dagan
ISBN : 0521829046
Genre : Business & Economics
File Size : 36. 8 MB
Format : PDF, Kindle
Download : 207
Read : 963

Get This Book


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.

A Tragic Fate

Author : Nicholas M. O'Donnell
ISBN : 1634257332
Genre : Art
File Size : 62. 73 MB
Format : PDF, ePub, Docs
Download : 283
Read : 714

Get This Book


The organized theft of fine art by Nazi Germany has captivated worldwide attention in the last twenty years. As much as any other topic arising out of World War Two, stolen art has proven to be an issue that simply will not go away. Newly found works of art pit survivors and their heirs against museums, foreign nations, and even their own family members. These stories are enduring because they speak to one of the core tragedies of the Nazi era: how a nation at the pinnacle of fine art and culture spawned a legalized culture of theft and plunder. A Tragic Fate is the first book to seriously address the legal and ethical rules that have dictated the results of restitution claims between competing claimants to the same works of art. It provides a history of Art and Culture in German-occupied Europe, an introduction to the most significant collections in Europe to be targeted by the Nazis, and a narrative of the efforts to reclaim looted artwork in the decades following the Holocaust through profiles of some of the art world s most famous and influential restitution cases."

Enrichment In The Law Of Unjust Enrichment And Restitution

Author : Andrew Lodder
ISBN : 9781847319715
Genre : Law
File Size : 89. 55 MB
Format : PDF, Kindle
Download : 715
Read : 1247

Get This Book


Enrichment is key to understanding the law of unjust enrichment and restitution. This book provides a comprehensive analysis of the concept of enrichment and its implications for restitutionary awards. Dr Lodder argues that enrichment may be characterised either factually or legally, and explores the consequences of that distinction. In factual enrichment cases, the measure of enrichment is the objective value received. This is the basis of many awards of money had and received, quantum meruit, quantum valebat and money paid. In legal enrichment cases, the benefit is the acquisition of a specific right or the release of a specific obligation. The remedy is restitution of that right or reinstatement of that obligation. It is demonstrated that specific restitution of the defendant's legal enrichment is often the basis for resulting trusts, rescission, rectification and subrogation. This book has profound implications for understanding restitutionary awards and the relationship between the enrichment inquiry and other aspects of the law of unjust enrichment, including the 'at the expense of' inquiry and the defence of change of position.

The Law And Ethics Of Dementia

Author : Charles Foster
ISBN : 9781782254300
Genre : Law
File Size : 69. 91 MB
Format : PDF, ePub
Download : 746
Read : 1171

Get This Book


Dementia is a topic of enormous human, medical, economic, legal and ethical importance. Its importance grows as more of us live longer. The legal and ethical problems it raises are complex, intertwined and under-discussed. This book brings together contributions from clinicians, lawyers and ethicists ? all of them world leaders in the field of dementia ? and is a comprehensive, scholarly yet accessible library of all the main (and many of the fringe) perspectives. It begins with the medical facts: what is dementia? Who gets it? What are the current and future therapeutic and palliative options? What are the main challenges for medical and nursing care? The story is then taken up by the ethicists, who grapple with questions such as: is it legitimate to lie to dementia patients if that is a kind thing to do? Who is the person whose memory, preferences and personality have all been transformed by their disease? Should any constraints be placed on the sexual activity of patients? Are GPS tracking devices an unpardonable interference with the patient's freedom? These issues, and many more, are then examined through legal lenses. The book closes with accounts from dementia sufferers and their carers. It is the first and only book of its kind, and the authoritative text.

The Law Of Restitution In Nigeria

Author : Festus Emiri
ISBN : 9789785157833
Genre : Law
File Size : 21. 15 MB
Format : PDF, Kindle
Download : 449
Read : 566

Get This Book


The Law of Restitution in Nigeria covers the historical development of restitution in law, its scope, and contemporary issues related to it. Some of the issues covered are: Ignorance; Incapacity; Exploitation; Enrichment at the plaintiffs expense; Restitution for wrongs and general principles, torts, breach of contract, equitable wrongdoing, criminal offenses; Defenses relating to changing circumstances; Illegality; and limitation of actions in restitution.

Nazi Looted Art And The Law

Author : Bruce L. Hay
ISBN : 9783319649672
Genre : Law
File Size : 25. 59 MB
Format : PDF, ePub
Download : 227
Read : 884

Get This Book


This book offers a clear, accessible account of the American litigation over the restitution of works of art taken from Jewish families during the Holocaust. For the past two decades, the courts of the United States have been an arena of conflict over this issue that has recently captured widespread public attention. In a series of cases, survivors and heirs have come forward to claim artworks in public and private collections around the world, asserting that they were seized by the Nazis or were sold under duress by owners desperate to escape occupied countries. Spanning two continents and three-quarters of a century, the cases confront the courts with complex problems of domestic and international law, clashes among the laws of different jurisdictions, factual uncertainties about the movements of art during and after the war, and the persistent question whether restitution claims have been extinguished by the passage of time.Through individual case studies, the book examines the legal questions these conflicts have raised and the answers the courts have given. From the internationally celebrated “Woman in Gold” lawsuit against Austria to lesser-known claims against Germany, Hungary, Spain, and museums and private collections in the United States, the book synthesizes the legal and evidentiary materials and judicial rulings in each case, creating a coherent narrative of proceedings that are often labyrinthine in complexity. Written by a leading authority on litigation and procedure, the book will be of interest to readers in various fields of the humanities and social sciences as well as law, and to anyone interested in the fate of artworks that have been called the “last prisoners” of the Second World War.

Storytelling And Ethics

Author : Hanna Meretoja
ISBN : 9781351965774
Genre : Literary Criticism
File Size : 88. 13 MB
Format : PDF, ePub, Mobi
Download : 886
Read : 244

Get This Book


In recent years there has been a huge amount of both popular and academic interest in storytelling as something that is an essential part of not only literature and art but also our everyday lives as well as our dreams, fantasies, aspirations, historical self-understanding, and political actions. The question of the ethics of storytelling always, inevitably, lurks behind these discussions, though most frequently it remains implicit rather than explicit. This volume explores the ethical potential and risks of storytelling from an interdisciplinary perspective. It stages a dialogue between contemporary literature and visual arts across media (film, photography, performative arts), interdisciplinary theoretical perspectives (debates in narrative studies, trauma studies, cultural memory studies, ethical criticism), and history (traumatic histories of violence, cultural history). The collection analyses ethical issues involved in different strategies employed in literature and art to narrate experiences that resist telling and imagining, such as traumatic historical events, including war and political conflicts. The chapters explore the multiple ways in which the ethics of storytelling relates to the contemporary arts as they work with, draw on, and contribute to historical imagination. The book foregrounds the connection between remembering and imagining and explores the ambiguous role of narrative in the configuration of selves, communities, and the relation to the non-human. While discussing the ethical aspects of storytelling, it also reflects on the relevance of artistic storytelling practices for our understanding of ethics. Making an original contribution to interdisciplinary narrative studies and narrative ethics, this book both articulates a complex understanding of how artistic storytelling practices enable critical distance from culturally dominant narrative practices, and analyzes the limitations and potential pitfalls of storytelling.

Cultural Property Law And Restitution

Author : Irini A. Stamatoudi
ISBN : 9780857930309
Genre : Political Science
File Size : 36. 87 MB
Format : PDF, Mobi
Download : 961
Read : 1020

Get This Book


This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.

Principles Of The Law Of Restitution

Author : Graham Virgo
ISBN : 9780198726388
Genre : Law
File Size : 31. 11 MB
Format : PDF
Download : 104
Read : 1098

Get This Book


The third edition of The Principles of the Law of Restitution has been substantially rewritten to reflect the significant changes in the law of restitution and the expansion in the theoretical and critical commentary on the subject. It focuses on the identification and analysis of the principles which underpin the law of restitution as a whole, but with reference to its three distinct parts: unjust enrichment, restitution for wrongs, and the vindication ofproperty rights.

Restitution In Private International Law

Author : George Panagopoulos
ISBN : 9781841131429
Genre : Law
File Size : 70. 9 MB
Format : PDF, Docs
Download : 583
Read : 341

Get This Book


This important new book fills a large gap in legal literature by examining restitution in private international law, including both the jurisdiction and choice of law questions facing restitutionary claims with international elements. The book begins with a brief summary of the English domestic law of restitution and highlights some of the issues which may arise. It goes on to examine classification, or characterisation of restitutionary claims.. Restitution has a theoretical unity which enables the author to treat it essentially as a single issue for characterisation purposes. However, restitutionary claims arise in the context of contracts and wrongs; they may be at law or in equity; they may give rise to personal or proprietary remedies, whilst they may be contingent on tracing. Each of these contexts is analysed separately for the purposes of characterisation. The central part of the book examines the choice of law rule for restitutionary issues, and reviews the different approaches adopted in the US and UK and in other parts of the common law world. After weighing the merits of the different approaches the author adopts a choice of law rule for restitutionary issues which is the proper law of the unjust factor. Depending on whether the unjust factor is event-based or law-based, the choice of law rule will focus on either the law of the place, or alternatively, the legal system with which the unjust factor has its closest and most real connection. Jurisdiction is an area of increasing importance in private international law and the book provides a thorough analysis of the topic of jurisdiction for restitutionary claims, both under the Brussels Convention as well as the traditional common law rules contained in the Civil Procedure Rules. This is an important and timely new work for all lawyers interested in restitution, private international law and international commercial litigation.

Top Download:

Best Books