Injustice And Restitution

Download or read book Rectifying International Injustice written by Daniel Butt and published by Oxford University Press, USA. This book was released on 2009 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rectifying International Injustice examines the theory behind claims for reparations and compensation as a result of historic international injustice.

Download or read book Restitution written by Ward Farnsworth and published by University of Chicago Press. This book was released on 2014-10-14 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Freedom from Past Injustices written by Nahshon Perez and published by Edinburgh University Press. This book was released on 2012-07-18 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book The Rights and Wrongs of Land Restitution written by Derick Fay and published by Routledge. This book was released on 2008-08-18 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Addressing the practical and theoretical questions that arise, this book offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.

Download or read book The Guilt of Nations written by Elazar Barkan and published by JHU Press. This book was released on 2001-10-09 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Holocaust Justice written by Michael J. Bazyler and published by NYU Press. This book was released on 2005-04 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book When All Else Fails written by Jason Brennan and published by Princeton University Press. This book was released on 2020-12-08 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their government: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can't fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of "uncivil disobedience." We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power