Debates about the restitution of cultural objects have been ongoing for many decades, but have acquired a new urgency recently with the intensification of scrutiny of European museum collections acquired in the colonial period. Alexander Herman's fascinating and accessible book provides a comprehensive and up-to-date overview of the restitution ......
Lady Isabel Ashton longs to marry a nobleman and live out her days in the wealth and privilege she is accustomed to as the daughter of an earl. But her plans went awry when she was kidnapped and ravished by a notorious pirate captain. Scorned by society and banished by her family to live on the island of Jamaica, Isabel decides to keep her baby. But then her precious child is kidnapped. Desperate to find him, Isabel soon discovers she must accept the help of the one man she hates most in the world-the boy's father.
This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
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.
The robbery and restitution of Jewish property are two inextricably linked social processes. It is not possible to understand the lawsuits and international agreements on the restoration of Jewish property of the late 1990s without examining what was robbed and by whom. In this volume distinguished historians first outline the mechanisms and scope of the European-wide program of plunder and then assess the effectiveness and historical implications of post-war restitution efforts. Everywhere the solution of legal and material problems was intertwined with changing national myths about the war and conflicting interpretations of justice. Even those countries that pursued extensive restitution programs using rigorous legal means were unable to compensate or fully comprehend the scale of Jewish loss. Especially in Eastern Europe, it was not until the collapse of communism that the concept of restoring some Jewish property rights even became a viable option. Integrating the abundance of new research on the material effects of the Holocaust and its aftermath, this comparative perspective examines the developments in Germany, Poland, Italy, France, Belgium, Hungary and the Czech Republic.
Restitution takes its readers on a ride throughout the vast scenic physical splendour of America, while witnessing the destruction of the vast philosophical splendor of America. The suppressed and controversial music of Uriah Heep plays throughout this story of heart-wrenching love and dreams caught in a downward spiral to hopelessness ...but the individual's spirit will not give up against all odds. This individual will rebuild, only to have routine government bureaucracy take the dream away again ...a rogue is created. An incredible chase, smashing escapes, the absolute power of government on a manhunt that may never end ...the monster knows the road well. Ride on this journey exploring America and that vast world of the individual heart, mind, and soul; while learning the who, what, where, why, and how a rogue can be created by governments.
This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.
This book examines contemporary approaches to restitution from the perspective of museums. It focuses on the ways in which these institutions have been addressing the subject at a regional, national and international level. In particular, it explores contemporary practices and recent claims, and investigates to what extent the question of restitution as an issue of ownership is still at large, or whether museums have found additional ways to conceptualise and practice restitution, by thinking beyond the issue of ownership. The challenges, benefits and drawbacks of recent and current museum practice are explored. At the same time, the book discusses how these museum practices are received , and informed, by source communities, institutional and governmental agendas and visitors' expectations in order to explore issues of authority, collaboration and shared or conflicting values between the different communities involved in the process. This important book will contribute to the developing body of literature that academics, professionals, policy makers and students can refer to in order to understand how restitution has been negotiated, 'materialised', practiced and evaluated within museums.
