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Revaluing Restitution: From the Talmud to Postsocialism

Heller, Michael A.; Serkin, Christopher

Whatever happened to the study of restitution? Once a core private law subject along with property, torts, and contracts, restitution has receded from American legal scholarship. Few law professors teach the material, fewer still write in the area, and no one even agrees what the field comprises anymore. Hanoch Dagan's Unjust Enrichment: A Study of Private Law and Public Values threatens to reverse the tide and make restitution interesting again. The book takes commonplace words such as "value" and "gain" and shows how they embody a society's underlying normative principles. Variations across cultures in the law of unjust enrichment reflect differences in national understandings of sharing, property, and even personhood.

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Also Published In

Title
Michigan Law Review
DOI
https://doi.org/10.2307/1290212

More About This Work

Academic Units
Law
Publisher
Michigan Law Review Association
Published Here
October 12, 2015
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