Download or read book Restitution s Realism written by Hanoch Dagan and published by . This book was released on 2008 with total page 35 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Law and Ethics of Restitution (LER) I offered an account of the foundations of (significant parts of) the American law of restitution. I argued that this body of law can, and therefore should, be read as a contextual application of our commitments to autonomy, utility, and community in various situations of benefit-based liability or benefit-based recovery. LER shows that, because different restitutionary doctrines involve differing categories of interpersonal relationships, they invoke different interpretations and different balances of these values. And yet, maybe unsurprisingly, LER also demonstrates, at least at a high level of generality, how these core liberal values serve (or should serve) as the normative underpinnings of the law of restitution in its entirety.Since LER's publication in 2004, a number of review essays and book reviews have appeared. Reviewers have suggested interesting insights and several intriguing critiques. I appreciate these challenges, and have addressed them in this essay to rethink and, in some cases, defend some of LER's main propositions more successfully. I am obviously unable to cover all the points raised in these reviews or do justice to all their subtleties, and have confined my discussion to several recurrent themes focusing on LER's jurisprudential premises. These premises are legal realist, at least according to my reconstruction of this school's lessons. Some of the critics argue that LER fails because it is too infused with realism; others complain that LER is not loyal enough to the realist legacy. In this essay, I discuss both sides. Before embarking in a dialogue with my kind critics, however, I outline my understanding of legal realism, explain the ways in which LER is indeed an exercise in legal realism, and provide a summary of LER's analysis of the law of mistakes, on which many of my reviewers have focused.
Download or read book Reconstructing American Legal Realism Rethinking Private Law Theory written by Hanoch Dagan and published by Oxford University Press, USA. This book was released on 2013-09 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates how legal realism offers important and unique jurisprudential insights that are not just a part of legal history, but are also relevant and useful for a contemporary understanding of legal theory.
Download or read book Legal Realism to Law in Action written by William Clune and published by Quid Pro Books. This book was released on 2021-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book of papers and interviews about innovative law school courses developed by faculty of the Wisconsin Law School from 1950 to 1970 that forged a path from legal realism to law and social science. These courses took a “law in action” approach to the study of law which became a signature feature of the school’s tradition from that time to the present day. “The Legal Realists of the 1920s and 30s taught that the law that mattered was the law in action, as applied by ordinary officials and experienced by ordinary people. But they mostly failed to get their program adopted as part of professional education alongside the study of appellate cases. Only at Wisconsin—thanks to a cluster of great scholar-teachers in Willard Hurst, Frank Remington, Herman Goldstein, Stewart Macaulay, Bill Whitford, and their collaborators—has the Realist vision been fully and splendidly realized in law teaching. This is the story of that thrilling experiment.” — Robert W. Gordon, Professor of Law Emeritus, Stanford University; Chancellor Kent Professor Emeritus of Law and Legal History, Yale Law School “This book is a must read for anyone interested in the history of the law and society movement and the unique role that the University of Wisconsin Law School has played in that tradition. In a series of essays by and interviews of current and former Wisconsin law teachers, the creativity of Wisconsin’s challenge to the traditional legal academy comes alive.” — Lauren Edelman, Agnes Roddy Robb Professor of Law and Professor of Sociology, University of California, Berkeley "In a time when an increasing number of law schools characterize themselves as bastions of 'law in action,' this volume provides a bracing reminder of a more precise vision. That vision was rooted in the legal realist tradition during an earlier 'golden age' of sociolegal thought at the University of Wisconsin Law School. In this important book, we hear vivid accounts of the innovative law teaching during that time, which took realist discoveries seriously—in Contracts, Legal Process, Legal History, and Criminal Law.” — Elizabeth Mertz, Research Professor, American Bar Foundation; John and Rylla Bosshard Professor Emerita, UW-Madison Law School
Download or read book Restitution Past Present and Future written by William Cornish and published by Bloomsbury Publishing. This book was released on 1998-07-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book New Directions from the Field Restitution written by and published by . This book was released on 1998 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Goals of Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2009-11-16 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection contributes to a fundamentally important set of debates about the nature of private law. The essays consider whether private law should be seen as having goals and, if so, whether those goals are particular to private as opposed to public law. They consider the legitimacy of the pursuit of community welfare goals in private law and the place of instrumentalist thinking in private law scholarship. They explore the relationship between the pursuit of policy goals and the other influences that shape private law, such as the formal values of certainty, consistency and coherence and the need to do justice to the parties to particular disputes. The collection analyses the role that particular policy goals do and should play in particular private law doctrines, and contributes to debate about the relationship between community welfare goals and considerations of interpersonal morality arising from the interactions between individuals. The contributors are drawn from across the common law world and offer a diverse range of perspectives on the controversies under consideration.
Download or read book Property Rights and Bijuralism written by Jan Jakob Bornheim and published by Mohr Siebeck. This book was released on 2020-10-12 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Download or read book The Exhaustion of Difference written by Alberto Moreiras and published by Duke University Press. This book was released on 2001-09-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVA sophisticated theoretical reconsideration of Latin American studies, critiquing past work and proposing new frameworks for the discipline./div
Download or read book Philosophical Foundations of the Law of Unjust Enrichment written by Robert Chambers and published by Philosophical Foundations of L. This book was released on 2009 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction /Robert Chambers, Charles Mitchell, and James Penner --Correctively unjust enrichment /Ernest J Weinrib --Restitution's realism /Hanoch Dagan --The normative foundations of unjust enrichment /Dennis Klimchuk --Resisting temptations to 'justice' /Mitchell McInnes --The nature of responsibility for gain : gain, harm, and keeping the lid on Pandora's box /Kit Barker --Unjust enrichment : nearer to tort than contract /Stephen A. Smith --The meaning of loss and enrichment /James Edelman --Two kinds of enrichment /Robert Chambers --Philosophical foundations of proprietary remedies /Lionel Smith --Value, property, and unjust enrichment : trusts of traceable proceeds /James Penner --Property, unjust enrichment and defective transfers /Charlie Webb --'Mistakes of law' and legal reasoning : interpreting Kleinwort Benson v Lincoln City Council /Aruna Nair --Unjust enrichment and the idea of public law /Charles Mitchell and Peter Oliver --Unconscionable enrichment? /Prince Saprai.
Download or read book Upstarts Wanderers Or Swindlers Anatomy of the Picaro written by Pellon and published by BRILL. This book was released on 2023-11-20 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The American Law Institute written by and published by Oxford University Press. This book was released on 2023-05-02 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.
Download or read book Federal Probation written by and published by . This book was released on 2000 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unjust Enrichment written by Hanoch Dagan and published by Cambridge University Press. This book was released on 1997-09-18 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in the North American and Jewish legal systems, and in international law. By offering an explanatory theory which brings to light the normative underpinnings of the doctrine, it facilitates the prediction of legal outcomes and supplies the necessary tools for evaluating existing legal rules. Applying both theoretical analysis and comparative legal techniques, the study claims that the choice of compensation arising from a claim of unjust enrichment is not a matter of legal technicality. Instead it describes how the legal choice of a pecuniary remedy can be seen to embody a choice between competing values. This decision, writes Dagan, is implicated in the prevailing background ethos of the society at issue, and is deeply influenced by its own complex conceptions of self and of community.
Download or read book Economic Sanctions in Criminal Justice written by R. Barry Ruback and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Justice is expensive. So is injustice. These kinds of judgments are usually made in terms of money, and an economic focus makes sense in the context of criminal law and procedure, since money has long played a role in how society deals with unlawful behavior. These economic sanctions, the court-imposed financial obligations that follow a criminal conviction, are useful because they apply a metric that is understood by everyone. The notion of using money as a means of resolving criminal and civil problems goes back almost four thousand years, to the Code of Hammurabi (Van Ness, 1990), and there are several Biblical injunctions regarding payment after crimes. In the Middle Ages, victims were entitled to compensation for injuries (adjusted for their rank in society), and by the twelfth century, the king was entitled to a fee for administering the system (Klein, 1997)"--
Download or read book Restoring Justice written by Daniel W. Van Ness and published by Routledge. This book was released on 2014-02-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Restoring Justice: An Introduction to Restorative Justice offers a clear and convincing explanation of restorative justice, a movement within criminal justice with growing worldwide influence. It explores the broad appeal of this new vision and offers a brief history of its development. The book presents a theoretical foundation for the principles and values of restorative justice and develops its four cornerpost ideas of encounter, amends, inclusion and reintegration. After exploring how restorative justice ideas and values may be integrated into policy and practice, it presents a series of key issues commonly raised about restorative justice, summarizing various perspectives on each.
Download or read book The Oxford Handbook of the New Private Law written by Andrew S. Gold and published by Oxford University Press. This book was released on 2020-10-27 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the New Private Law reflects exciting developments in scholarship dedicated to reinvigorating the study of the broad field of private law. This field embraces the traditional common law subjects (property, contracts, and torts), as well as adjacent, more statutory areas, such as intellectual property and commercial law. It also includes important areas that have been neglected in the United States but are beginning to make a comeback. These include unjust enrichment, restitution, equity, and remedies more generally. "Private law" can also mean private law as a whole, which invites consideration of issues such as the public-private distinction, the similarities and differences between the various areas of private law, and the institutional framework supporting private law - including courts, arbitrators, and even custom. The New Private Law is an approach to these subjects that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement has begun resuscitating the notion of private law itself in the United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The Handbook embraces a broad range of perspectives to private law - including philosophical, economic, historical, and psychological, to name a few - yet it offers a unifying theme of seriousness about the structure and content of private law. It will be an essential resource for legal scholars interested in the future of this important field.
Download or read book Victims of the System written by Robert Elias and published by Transaction Publishers. This book was released on 1985-01-01 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book on criminology is a major attempt to evaluate actual victim compensation programs as well as their political and economic contexts, through the eyes of the victims themselves. Elias traces the experiences of violent-crime victims throughout the entire criminal justice process, comparing New York's and New Jersey's victim compensation programs. He shows how programs differ when compensation is viewed essentially as welfare and when it is viewed as a right. The study uses extensive interviews with officials and with violent crime victims. The study indicates victim compensation programs largely fail to achieve their stated goals of improving attitudes toward the criminal-justice system and the government. The programs produce poor attitudes toward government and criminal justice.
