Injustice And Restitution
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Injustice And Restitution
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Author : Stephen David Ross
language : en
Publisher: SUNY Press
Release Date : 1993-01-01
Injustice And Restitution written by Stephen David Ross and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-01-01 with Law categories.
This book addresses the nature and injustice of authority, retracing the ideas of reason and law from ancient Greece to the present, pursuing a line of thought begun with Anaximander, who speaks of the ordinance of time as restitution for immemorial injustice, and Heraclitus, who speaks of justice as strife. Predominantly philosophical, exploring the authority of Western philosophy in twentieth-century continental and pragmatist writings, the book explores alternative voices as challenges to authority, in feminist and multicultural writings, in Greek mythology and African narratives, in Greek drama and twentieth-century literature.
Rectifying International Injustice
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Author : Daniel Butt
language : en
Publisher: OUP Oxford
Release Date : 2008-11-20
Rectifying International Injustice written by Daniel Butt and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-11-20 with Political Science categories.
The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of the popularity of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation to those in other states insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings.
Restitution
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Author : Ward Farnsworth
language : en
Publisher: University of Chicago Press
Release Date : 2014-10-14
Restitution written by Ward Farnsworth and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-14 with Law categories.
Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.
Injustice And Restitution
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Author : Stephen David Ross
language : en
Publisher: SUNY Press
Release Date : 1993-09-28
Injustice And Restitution written by Stephen David Ross and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-09-28 with Philosophy categories.
This book addresses the nature and injustice of authority, retracing the ideas of reason and law from ancient Greece to the present, pursuing a line of thought begun with Anaximander, who speaks of the ordinance of time as restitution for immemorial injustice, and Heraclitus, who speaks of justice as strife. Predominantly philosophical, exploring the authority of Western philosophy in twentieth-century continental and pragmatist writings, the book explores alternative voices as challenges to authority, in feminist and multicultural writings, in Greek mythology and African narratives, in Greek drama and twentieth-century literature.
The Varieties Of Restitution
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Author : Ian McNeil Jackman
language : en
Publisher:
Release Date : 1998
The Varieties Of Restitution written by Ian McNeil Jackman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
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.
The Guilt Of Nations
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Author : Elazar Barkan
language : en
Publisher: JHU Press
Release Date : 2001-10-09
The Guilt Of Nations written by Elazar Barkan and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-10-09 with History categories.
The author takes a sweeping look at the idea of restitution and its impact on the concept of human rights and the practice of politics. She confronts the difficulties of determining victims and assigning blame.
A Journey Back
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Author : Arnon Tamir
language : en
Publisher:
Release Date : 1997
A Journey Back written by Arnon Tamir and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Jews categories.
At the age of twenty-one, Arnon Tamir was deported to Poland from his home in Germany. A Journey Back describes Tamir's life in Germany, his deportation, and two return trips to Germany: in 1959 to clarify his claim for reparations from the German government, and thirty years later, at the invitation of the city of Stuttgart. As Tamir interweaves memories from different times and places, he draws startling comparisons between his own experiences of oppression and exile, and his life as one of the new settlers, in Palestine, themselves responsible for forcing the Arabs from their native land. Tamir's fluid narrative shows that there is no easy way to tell such a story, that the "journey back" is neither well defined nor easy.
Holocaust Justice
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Author : Michael J. Bazyler
language : en
Publisher: NYU Press
Release Date : 2005-04
Holocaust Justice written by Michael J. Bazyler and has been published by NYU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04 with History categories.
"The unique features of the American system of justice - which allowed it to handle claims that originated over fifty years ago and in another part of the world - made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers. Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored."--BOOK JACKET.
Freedom From Past Injustices
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Author : Nahshon Perez
language : en
Publisher: Edinburgh University Press
Release Date : 2012-07-18
Freedom From Past Injustices written by Nahshon Perez and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-18 with Political Science categories.
Should contemporary citizens provide material redress to right past wrongs? There is a widespread belief that contemporary citizens should take responsibility for rectifying past wrongs. Nahshon Perez challenges this view, questioning attempts to aggregate dead wrongdoers with living people, and examining ideas of intergenerational collective responsibility with great suspicion. He distinguishes sharply between those who are indeed unjustly enriched by past wrongs, and those who are not. Looking at issues such as the distinction between compensation and restitution, counterfactuals and the non-identity problem, Perez concludes that individuals have the right to a clean slate, and that almost all of the pro-intergenerational redress arguments are unconvincing. Key Features *Unique in claiming past wrongs should not be rectified *Analyses pro-intergenerational material redress arguments *Case studies include court cases from Australia, Northern Cyprus, the United States and Austria, and political and social movements from the US, Palestine and Arab countries
The Rights And Wrongs Of Land Restitution
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Author : Derick Fay
language : en
Publisher: Routledge
Release Date : 2008-08-18
The Rights And Wrongs Of Land Restitution written by Derick Fay and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-08-18 with Law categories.
The Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.