This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in international, North American, and Jewish legal systems. Dagan offers an explanatory theory that reveals the normative underpinnings of the doctrine, facilitates the prediction of legal outcomes, and supplies the necessary tools for evaluating existing legal rules. The theory of unjust enrichment is seen to be implicated in the prevailing background ethos of the societies he studies, and deeply influenced by their conceptions of self and community.
This book is a sophisticated comparative analysis of the doctrine of unjust enrichment in international, North American, and Jewish legal systems. Dag...
Dagan's book provides a dynamic and much needed account of the American law of restitution. The book reviews the existing doctrine, including the forthcoming (third) Restatement, 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...
Dagan's book provides a dynamic and much needed account of the American law of restitution. The book reviews the existing doctrine, including the fort...
Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the field, yet loyal to the practice of property. It rejects the misleading dominant binarism in which property is either one monistic form, structured around Blackstone's (in)famous formula of sole and despotic dominion, or a formless bundle of rights. Instead, it conceptualizes property as an umbrella for a set of institutions bearing a mutual family resemblance. It resists the prevailing tendency to discuss property through the prism of only one...
Property: Values and Institutions, by Hanoch Dagan, offers an original understanding of property, different from the dominant voices in the f...