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Author: Ian McNeil Jackman
Publisher:
ISBN: 9781862872820
Category : Restitution
Languages : en
Pages : 186
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Book Description
The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
Author: Ian McNeil Jackman
Publisher:
ISBN: 9781862872820
Category : Restitution
Languages : en
Pages : 186
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Book Description
The law of restitution is commonly described in terms of a unifying principle of "unjust enrichment at the plaintiffs expense." Jackman challenges that view, revealing that much of the law of restitution does not concern cases where the defendant has been "enriched" or where the plaintiff has suffered "expense." Demonstrating that there are several distinct concepts of "injustice" at stake, he then identifies three fundamentally distinct categories of legal thought in this area: the reversal of non-voluntary transactions; the fulfilment of non-contractual promises; and the protection of the private legal facilities of proprietary rights and fiduciary relationships. In so doing, the author highlights the central and disparate principles of restitution so often masked by the concern for uniformity.
Author: Ian Jackman
Publisher:
ISBN: 9781760021320
Category : Replevin
Languages : en
Pages : 226
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Book Description
Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.
Author: Ani Sarkissian
Publisher: Oxford University Press
ISBN: 0199348103
Category : Religion
Languages : en
Pages : 265
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Book Description
Religious repression--the non-violent suppression of civil and political rights--is a growing and global phenomenon. Though most often practiced in authoritarian countries, levels of religious repression nevertheless vary across a range of non-democratic regimes, including illiberal democracies and competitive authoritarian states. In The Varieties of Religious Repression, Ani Sarkissian argues that seemingly benign regulations and restrictions on religion are tools that non-democratic leaders use to repress independent civic activity, effectively maintaining their hold on power. Sarkissian examines the interaction of political competition and the structure of religious divisions in society, presenting a theory of why religious repression varies across non-democratic regimes. She also offers a new way of understanding the commonalties and differences of non-democratic regimes by focusing on the targets of religious repression. Drawing on quantitative data from more than one hundred authoritarian states, as well as case studies of sixteen countries from around the world, Sarkissian explores the varieties of repression that states impose on religious expression, association, and political activities, describing the obstacles these actions present for democratization, pluralism, and the development of an independent civil society.
Author: Dan B. Dobbs
Publisher:
ISBN:
Category : Remedies (Law)
Languages : en
Pages : 1146
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Book Description
Rev. ed. of : Handbook on the law of remedies. 1973.
Author: Claus Offe
Publisher: MIT Press
ISBN: 9780262650489
Category : Philosophy
Languages : en
Pages : 268
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Book Description
The nine essays in this volume explore such topics as the characteristics and shortcomings of state socialist societies and of democratic capitalism, the role of ethnic politics in East European transitions, issues of retribution and restitution in the transition to a democratic society based on a private economy, and the effects the collapse of Communism have had on Western democracies and on the Left in particular.
Author: Andrew S. Burrows
Publisher: Oxford University Press
ISBN: 0199296529
Category : Law
Languages : en
Pages : 789
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Book Description
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: Jason W Neyers
Publisher: Bloomsbury Publishing
ISBN: 1847310974
Category : Law
Languages : en
Pages : 430
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Book Description
This book is a collection of articles based on Understanding Unjust Enrichment,a symposium held at the University of Western Ontario in January 2003. The articles, written from the perspective of English, Australian, Canadian, German and Jewish law, deal with numerous theoretical and practical issues that surround restitution and unjust enrichment. The articles outline recent developments across the Commonwealth, explain the unjust enrichment principle and its component parts, and address discrete issues such as tracing, choice of law, disgorgement damages for breach of contract, and the use of unjust enrichment in the cohabitation context. The contributors are Kit Barker, Peter Benson, Jeffrey Berryman, Michael Bryan, Andrew Burrows, Robert Chambers, Gerald Fridman, Peter Jaffey, Dennis Klimchuk, Thomas Krebs, John McCamus, Mitchell McInnes, Stephen Pitel, Stephen Waddams and Ernest Weinrib.
Author: William G. Doerner
Publisher: Routledge
ISBN: 1437735118
Category : Social Science
Languages : en
Pages : 490
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Book Description
This breakthrough work provides an organizing structure for the history and current state of the field of victimology, and outlines the reasons compelling a separate focus on crime victims. Highly readable, Victimology explores the role of victimology in today’s criminal justice system, examining the consequences of victimization and the various remedies now available for victims. In addition to adding the latest developments in victimology, the authors have included a new chapter on property victimization, and have enhanced and expanded the chapter on personal victimization. The text is supplemented by learning tools including chapter-by-chapter learning objectives, key terms, illustrative figures and tables, and a listing of related Internet sites. * The text provides a comprehensive overview of the origins and scope of victimology, with detailed chapters on specific types of victimization * The authors offer analysis of policy decisions and historical events, with an eye toward future developments in the field * A key chapter highlights the important global impact of restorative justice on responding to the plight of victims * The ever-changing dynamics of contemporary work and school victimization are dissected with special attention to causes and societal responses * The text is supplemented by learning tools including chapter-by-chapter learning objectives, key terms, illustrative figures and tables, and listings of related Internet sites
Author: Joe Hudson
Publisher:
ISBN:
Category : Criminal law
Languages : en
Pages : 276
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Book Description
Author: Desmond Tutu
Publisher: Harper Collins
ISBN: 0062203584
Category : Psychology
Languages : en
Pages : 147
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Book Description
Archbishop Desmond Tutu, Nobel Peace Prize winner, Chair of The Elders, and Chair of South Africa’s Truth and Reconciliation Commission, along with his daughter, the Reverend Mpho Tutu, offer a manual on the art of forgiveness—helping us to realize that we are all capable of healing and transformation. Tutu's role as the Chair of the Truth and Reconciliation Commission taught him much about forgiveness. If you asked anyone what they thought was going to happen to South Africa after apartheid, almost universally it was predicted that the country would be devastated by a comprehensive bloodbath. Yet, instead of revenge and retribution, this new nation chose to tread the difficult path of confession, forgiveness, and reconciliation. Each of us has a deep need to forgive and to be forgiven. After much reflection on the process of forgiveness, Tutu has seen that there are four important steps to healing: Admitting the wrong and acknowledging the harm; Telling one's story and witnessing the anguish; Asking for forgiveness and granting forgiveness; and renewing or releasing the relationship. Forgiveness is hard work. Sometimes it even feels like an impossible task. But it is only through walking this fourfold path that Tutu says we can free ourselves of the endless and unyielding cycle of pain and retribution. The Book of Forgiving is both a touchstone and a tool, offering Tutu's wise advice and showing the way to experience forgiveness. Ultimately, forgiving is the only means we have to heal ourselves and our aching world.
