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Unjust Legality


Unjust Legality
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Judges And Unjust Laws


Judges And Unjust Laws
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Author : Douglas E. Edlin
language : en
Publisher: University of Michigan Press
Release Date : 2008-12-02

Judges And Unjust Laws written by Douglas E. Edlin and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-02 with Law categories.


"A powerful historical, conceptual, and moral case for the proposition that judges on common law grounds should refuse to enforce unjust legislation. This is sure to be controversial in an age in which critics already excoriate judges for excessive activism when conducting constitutional judicial review. Edlin's challenge to conventional views is bold and compelling." ---Brian Z. Tamanaha, Chief Judge Benjamin N. Cardozo Professor of Law, St. John's University, and author of Law as a Means to an End: Threat to the Rule of Law In Judges and Unjust Laws, Douglas Edlin uses case law analysis, legal theory, constitutional history, and political philosophy to examine the power of judicial review in the common law tradition. He finds that common law tradition gives judges a dual mandate: to apply the law and to develop it. There is no conflict between their official duty and their moral responsibility. Consequently, judges have the authority---perhaps even the obligation---to refuse to enforce laws that they determine unjust. As Edlin demonstrates, exploring the problems posed by unjust laws helps to illuminate the institutional role and responsibilities of common law judges. Douglas E. Edlin is Associate Professor in the Department of Political Science at Dickinson College.



Unjust Legality


Unjust Legality
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Author : James L. Marsh
language : en
Publisher: Rowman & Littlefield
Release Date : 2001

Unjust Legality written by James L. Marsh and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.


This book is an interpretation and critique of Habermas's philosophy as contained in his book, Between Facts and Norms. The main argument is that while Habermas does succeed in laying out foundations, conceptual and methodological, for the philosophy of law, the book is flawed by a fundamental contradiction between a democracy ruled by law and capitalism. Visit our website for sample chapters!



A Restatement Of The English Law Of Unjust Enrichment


A Restatement Of The English Law Of Unjust Enrichment
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Author : Andrew S. Burrows
language : en
Publisher: Oxford University Press, USA
Release Date : 2012-11-29

A Restatement Of The English Law Of Unjust Enrichment written by Andrew S. Burrows and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Law categories.


This Restatement presents a distillation of the current state of the common law of unjust enrichment into a coherent set of doctrines. Written by an authority in the area, assisted by senior judges, academics, and practitioners, the Restatement offers a persuasive statement of the law in this newly recognized and uncertain branch of the common law.



Unjust Enrichment


Unjust Enrichment
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Author : E. J. H. Schrage
language : de
Publisher:
Release Date : 1995

Unjust Enrichment written by E. J. H. Schrage and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.


"... to be consulted before any significant legal debate." W. J. Stewart in: Scots Law Times 1995This volume is concerned with the history of the concept of, or of the remedies for, unjust enrichment in the Civil law and the Common law. But this history is radically different in the two systems - different both in the starting point of each system and in the methods by which progress from that starting point was made.What for the Civil law is the starting point is for the Common law the ultimate outcome. The Civil law from its earliest medieval beginnings had before its eyes, at least as a potential unifying principle, the concept of unjust enrichment which it found in the Corpus Iuris, whereas it is only very recently (and outside the chronological scope of this volume) that the Common law has come to accept such a principle.The methods by which the Civil lawyers progressed from their starting point towards the well articulated concepts of the modern law were those of the interpreter and elaborator of texts which had their own unquestioned authority. And their discussions, which were those of the scholar and the school-room, are well documented.For the Common lawyers, on the other hand, the starting point was nothing but the practice of the courts and their methods were those appropriate to that practice. The plaintiff's remedy in a particular case was everything. Moreover, since the practice of the courts until very recent times is very imperfectly evidenced, the course of the development of the Common law is often difficult to trace. The researches contained in this volume show that it is only with benefit of hindsight, and then only to very limited extent, that one can see that development as leading to the recent acceptance of a doctrine of unjust enrichment.



A Restatement Of The English Law Of Unjust Enrichment


A Restatement Of The English Law Of Unjust Enrichment
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Author : Andrew (hon) Burrows FBA
language : en
Publisher: OUP Oxford
Release Date : 2012-11-29

A Restatement Of The English Law Of Unjust Enrichment written by Andrew (hon) Burrows FBA and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-29 with Law categories.


A Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law. Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present the best interpretation of the current state of the law. The Restatement will be accessible to, and of great practical benefit to, students, academics, judges, and lawyers alike as they work with this area of law. The text of the Restatement is supported by full commentary explaining its provisions and roots together with its application to real and hypothetical cases. The Restatement appears as European private law takes its first steps towards harmonization. In providing an accessible survey of the English law, the Restatement will offer an important reference point for the English position on unjust enrichment in the harmonization debates. Also appearing shortly after the United States Third Restatement on Restitution and Unjust Enrichment, this Restatement offers an interesting contrast with American law in this area.



Unjust Enrichment And Contract


Unjust Enrichment And Contract
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Author : Tariq Baloch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-03-12

Unjust Enrichment And Contract written by Tariq Baloch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-12 with Law categories.


This book examines the role of unjust enrichment in the contractual context, defined as contracts which are (a) terminated for breach, or (b) subsisting, or (c) unenforceable. The book makes three claims in relation to the orthodox common law account of restitution (founded on unjust enrichment) in the contractual context. Firstly, the orthodox account correctly proceeds on the basis that the restitutionary claim in the contractual context is founded on an independent cause of action in unjust enrichment, rather than some equitable notion of unconscientiousness or the law of contract. Secondly, the book departs from the orthodox account by rejecting the unjust factors approach and endorsing the absence of basis approach for the law of unjust enrichment. Finally, the book argues that the right to restitution in the contractual context should be determined by the conditionality of the transfer of the benefit rather than a requirement such as the termination of the contract, as the orthodox account dictates. To that end the book proposes the following model, under which the right to restitution in the contractual context is determined by the resolution of the following two questions: (1) Was the transfer of the benefit (eg of money or services) conditional? (2) Was there a qualifying failure of condition? A condition can be, and often is, the other contracting party's counter-performance, but it may also be an event not promised by either party. What qualifies as a failure of condition depends on the type of contract in question. This book identifies two types of contracts, namely those which are apportioned (eg instalment contracts) and those which are unapportioned. It is only in relation to the latter that termination is required. It is a particular strength of the book that it is underpinned by detailed and original historical analysis which makes a novel and distinct contribution to the history of the laws of unjust enrichment and contract. 'Dr Baloch has produced the definitive study of the inter-relationship between contract and unjust enrichment. This has been achieved by carefully considering the historical roots of our common law, and how this is to be understood in its best light in the modern era.' Robert H Stevens, University College, London. 'Dr Baloch's exploration of the boundary between contractual and unjust enrichment liability in the 17th to 19th centuries has important things to say about the history of ideas of 'contract' in this period.' Mike Macnair, Oxford University. 'This is an innovative and rigorous book which engages with one of the most difficult areas in the law of unjust enrichment, namely the relationship between the law of unjust enrichment and the law of contract. Baloch roots his treatment of the modern law in its history and the historical analysis throughout is very careful and well grounded in the primary sources.' David Ibbetson, Cambridge University. 'This is a valuable book, thoughtful and well researched. It is concerned to build a model that fits comfortably with the cases, and its focus is on the work of modern commentators. Those concerned with the relationship of contract and the law of restitution whether at a theoretical level or in practice will benefit by careful study of what Dr Baloch has to say, whether or not they agree with it.' Jack Beatson, Royal Courts of Justice, 14 February 2009 (From the foreword)



Reason And Restitution


Reason And Restitution
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Author : Charlie Webb
language : en
Publisher: Oxford University Press
Release Date : 2016-02-11

Reason And Restitution written by Charlie Webb and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-11 with Law categories.


In law, gains, like losses, don't always lie where they fall. The circumstances in which the law requires defendants to give up their gains are well documented in the work of unjust enrichment lawyers. The same cannot be said, however, of the reasons for ordering restitution of such gains. It is often suggested that unjust enrichment's existence can be demonstrated without inquiry into these reasons, into the principles of justice it represents and invokes. Yet while we can indeed show that there exists a body of claims dealing with the recovery of mistaken payments and the like without going on to inquire into their rationale, this isn't true of unjust enrichment's existence as a distinct ground of such claims. If unjust enrichment exists as a body of like cases and claims, truly independent of contract and tort, it does so by virtue of the distinct reasons it identifies and to which these claims respond. Reason and Restitution examines the reasons which support and shape claims in unjust enrichment and how these reasons bear on the law's resolution of these claims. The identity of these reasons matters. For one thing, unjust enrichment's status as a distinct ground of liability depends on the distinctiveness of these reasons. But, more importantly, it matters to those charged with the practical tasks of deciding cases and making laws, for it is these reasons alone which can direct how judges and legislators ought to respond to these claims.



Probate Confiscation


Probate Confiscation
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Author : Mrs. J. W. Stow
language : en
Publisher:
Release Date : 1876

Probate Confiscation written by Mrs. J. W. Stow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1876 with Electronic books categories.




Understanding Unjust Enrichment


Understanding Unjust Enrichment
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Author : Jason W. Neyers
language : en
Publisher: Bloomsbury Publishing
Release Date : 2004-04-20

Understanding Unjust Enrichment written by Jason W. Neyers and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-04-20 with Law categories.


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.



Unjust Justice


Unjust Justice
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Author : Chantal Delsol
language : en
Publisher: Crosscurrents
Release Date : 2015-03-30

Unjust Justice written by Chantal Delsol and has been published by Crosscurrents this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-30 with Law categories.


Now available in paperback this book offers a devastating critique of progressives' relentless quest for "international law" and "international justice". This purportedly humanitarian project represents a way for the Western world to do penance for its missionary, colonial, and imperial past. But Delsol shows how deeply flawed it is in all respects - in its premises, means, and ends.