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The Law and Ethics of Restitution
  • Language: en
  • Pages: 374

The Law and Ethics of Restitution

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.

The Choice Theory of Contracts
  • Language: en
  • Pages: 188

The Choice Theory of Contracts

  • Categories: Law

This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.

Reconstructing American Legal Realism & Rethinking Private Law Theory
  • Language: en
  • Pages: 236

Reconstructing American Legal Realism & Rethinking Private Law Theory

  • Categories: Law

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.

Property
  • Language: en
  • Pages: 311

Property

  • Categories: Law

Property law and property theory have become a thriving industry in the legal academy rendering some exciting conceptual and normative challenges. In Property: Values and Institutions, Hanoch Dagan covers numerous property issues to provide a liberal theory of property. He analyzes the interactions between landowners and governments (both eminent domain and regulatory takings) and those regulating the governance of property owned by multiple individuals (such as co-ownership, marital property, and the law of common interest communities). Two additional features of this book are the emphasis on groups and the attempt to look at property law from a broad institutional perspective to show that ...

Properties of Property
  • Language: en
  • Pages: 450

Properties of Property

  • Categories: Law

Le site d'éditeur indique : "Broadly interdisciplinary, Properties of Property provides an overview of cutting-edge work from leading legal scholars as well as important non-legal scholars. The text is designed for an international audience, particularly teachers, scholars, and students throughout Europe, the British Commonwealth, and China. Properties of Property is perfectly suited for courses and seminars in other departments, from history to urban planning, both at the graduate and undergraduate level. It is a must for any law school library, even if no seminar on property theory is offered, because it appeals to law school students as well as scholars and graduate students interested in property. A Teacher's Guide provides different ways the authors have organized property theory seminars using the book; suggestions for using the book as a companion to a property casebook; and discussion of questions that are posed in the Notes."

Unjust Enrichment
  • Language: en
  • Pages: 195

Unjust Enrichment

  • Categories: Law

A sophisticated comparative analysis of the doctrine of unjust enrichment.

Institutionalizing Rights and Religion
  • Language: en

Institutionalizing Rights and Religion

  • Categories: Law

Modern statesmen and political theorists have long struggled to design institutions that will simultaneously respect individual freedom of religion, nurture religion's capacity to be a force for civic good and human rights, and tame religion's illiberal tendencies. Moving past the usual focus on personal free expression of religion, this illuminating book - written by renowned scholars of law and religion from the United States, England, and Israel - considers how the institutional design of both religions and political regimes influences the relationship between religious practice and activity and human rights. The authors examine how the organization of religious communities affects human rights, and investigate the scope of a just state's authority with respect to organized religion in the name of human rights. They explore the institutional challenges posed by, and possible responses to, the fraught relationship between religion and rights in the world today.

Philosophical Foundations of Fiduciary Law
  • Language: en
  • Pages: 450

Philosophical Foundations of Fiduciary Law

  • Categories: Law
  • Type: Book
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  • Published: 2014-08-14
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  • Publisher: OUP Oxford

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between pr...

Stateless Law
  • Language: en
  • Pages: 258

Stateless Law

  • Categories: Law
  • Type: Book
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  • Published: 2016-03-03
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  • Publisher: Routledge

This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that unde...

Private Law and the Rule of Law
  • Language: en
  • Pages: 354

Private Law and the Rule of Law

  • Categories: Law

The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.