Wrongful Enrichment: A Study in Comparative Law and Culture

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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

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