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THE LAW AND ETHICS OF RESTITUTION

Hanoch Dagan

Article comments

Cambridge University Press, 2004

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Abstract

This book analyzes the American law of restitution, including the forthcoming (third) Restatement, using an ethical perspective to expose and critically examine the normative underpinnings of the core categories of restitution. It also discusses some of the most controversial restitution issues, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. It further tackles the recent high-profile subrogation claims of various governmental bodies against an increasing number of injurious industries, and unjust enrichment claims of slave laborers (or their descendants) against corporate defendants that captured ill-gotten gains from their enslavements. This book demonstrates how the concept of unjust enrichment is not an independent reason for restitution, as it is often portrayed. Rather, unjust enrichment serves as a loose framework, structuring the contextual application of commitments to autonomy, utility, and community in situations where either the cause of action or the measure of recovery is benefit-based.

Subject Area

General Law

Recommended Citation

Hanoch Dagan , "THE LAW AND ETHICS OF RESTITUTION " (February 2005). Tel Aviv University Legal Working Paper Series. Tel Aviv University Law Faculty Papers. Working Paper 20.
http://law.bepress.com/taulwps/fp/art20

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