Wrongful Enrichment: A Study in Comparative Law and Culture

Law › Restitution

Wrongful Enrichment: A Study in Comparative Law and Culture

By Nahel Asfour
Hart Publishing September 2017

Specifications

ISBN-13
9781782257059
Publisher
Hart Publishing
Publication
September 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book analyses enrichment law, its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire.

The regions chosen correspond, though imperfectly, with three different legal traditions, namely, the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions.

The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world-views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.

Table of Contents

Introduction
1. Law as a Mimetic Craft
2. European Law
The Route to Exemplars
Western Continental Law
Historical Overview
Current Law of Germany
Current Law of Austria
Current Law of Italy
Current Law of Spain
The Draft Common Frame of Reference
Tracing Exemplars
Assessment
3. European Culture
An Introductory Note
Is there a European Culture?
Wealth as Labour, Morality and Social Properties
Wealth as a Person’s Earthly Dominion, Property and Possession
Wealth as Capital and Rights
Observing European Law and Culture
4. American Law
The Fathers of American Restitution Law
American Law
Historical Overview
Current law
Restatements of Restitution
Tracing Exemplars
Assessment
5. American Culture
Candide’s New Paradise
Is there an American Culture?
Wealth as Work Ethic, Religious Values and Money
Observing American Law and Culture
6. Ottoman Law
The Genesis of the Mecelle
The Ottoman Mecelle
Tracing Exemplars
Assessment
7. Ottoman Culture
Politicised Poetics
Was there an Ottoman Culture?
Wealth as Socio-Political Status and Religious Trust
Observing Ottoman Law and Culture: The Exceptional Case of Imitatio
Conclusions

HKD 1,134.90 −3%
HKD 1,170.00

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4 weeks
Extra 2-10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Restitution

View all
Cases and Materials on the Law of Restitution, 2nd Edition
Oxford University Press

Cases and Materials on the Law of Restitution, 2nd Edition

Andrew Burrows; Ewan McKendrick; James Edelman
HKD 1,084.33
Justice in Private Law
Hart Publishing

Justice in Private Law

Peter Jaffey
HKD 529.49
Decisions of the Arbitration Panel for In Rem Restitution
Hart Publishing

Decisions of the Arbitration Panel for In Rem Restitution

Josef Aicher; Erich Kussbach; August Reinisch
HKD 1,034.02
Private Law and the State
Hart Publishing

Private Law and the State

Andrew Robertson; Jason W. Neyers
HKD 1,387.10
Claims to Traceable Proceeds: Law, Equity, and the Control of Assets
Oxford University Press

Claims to Traceable Proceeds: Law, Equity, and the Control of Assets

Aruna Nair
HKD 1,450.15
Understanding Private Law: Essays in Honour of Stephen A. Smith
Hart Publishing

Understanding Private Law: Essays in Honour of Stephen A. Smith

Evan Fox-Decent; John C.P. Goldberg; Lionel Smith
HKD 1,261.00