Wrongful enrichment : a study in comparative law and culture

著者

書誌事項

Wrongful enrichment : a study in comparative law and culture

Nahel Asfour

（International studies in the theory of private law / editors, Gunther Teubner ... [et al.], v. 13）

Hart, 2017

  • : hb

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注記

Includes bibliographical references (p. [165]-180) and index

内容説明・目次

内容説明

This book analyses enrichment law and its development and underpinning in social culture within three geographical regions: the United States, western members of the European Union and the late Ottoman Empire. These regions correspond, though imperfectly, with three different legal traditions: the American, continental and Islamic traditions. The book argues that we should understand law as a mimetic artefact. In so doing, it explains how typical patterns and exemplary articulations of wrongful enrichment law capture and reiterate vocal cultural themes found in the respective regions. The book identifies remarkable affinities between poetic tendencies, structures and default dispositions of wrongful enrichment law and cultural world views. It offers bold accounts of each region's law and culture providing fertile grounds for external and comparative elucidations of the legal doctrine.

目次

Introduction 1. Law as a Mimetic Craft 2. European Law The Route to Exemplars Western Continental Law Historical Overview Current Law of Germany Current Law of Austria Current Law of Italy Current Law of Spain The Draft Common Frame of Reference Tracing Exemplars Assessment 3. European Culture An Introductory Note Is there a European Culture? Wealth as Labour, Morality and Social Properties Wealth as a Person's Earthly Dominion, Property and Possession Wealth as Capital and Rights Observing European Law and Culture 4. American Law The Fathers of American Restitution Law American Law Historical Overview Current law Restatements of Restitution Tracing Exemplars Assessment 5. American Culture Candide's New Paradise Is there an American Culture? Wealth as Work Ethic, Religious Values and Money Observing American Law and Culture 6. Ottoman Law The Genesis of the Mecelle The Ottoman Mecelle Tracing Exemplars Assessment 7. Ottoman Culture Politicised Poetics Was there an Ottoman Culture? Wealth as Socio-Political Status and Religious Trust Observing Ottoman Law and Culture: The Exceptional Case of Imitatio Conclusions

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