This book investigates the crucial question of ‘restitution’ in the work of W. G. Sebald. Written by leading scholars from a range of disciplines, with a foreword by his English translator Anthea Bell, the essays collected in this volume place Sebald’s oeuvre within the broader context of European culture in order to better understand his engagement with the ethics of aesthetics. Whilst opening up his work to a range of under-explored areas including dissident surrealism, Anglo-Irish relations, contemporary performance practices and the writings of H. G. Adler, the volume notably returns to the original German texts. The recurring themes identified in the essays – from Sebald’s carefully calibrated syntax to his self-consciousness about ‘genre’, from his interest in liminal spaces to his literal and metaphorical preoccupation with blindness and vision – all suggest that the ‘attempt at restitution’ constitutes the very essence of Sebald’s understanding of literature.

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.

Panagopoulos, a barrister practicing in London, begins with a summary of the English domestic law of restitution and reviews the classification of restitutionary claims. He then examines the differences among a variety of common law approaches to restitutionary issues, focusing on the US and UK. A final section analyzes jurisdiction in private international law, both under the Brussels Convention and the traditional common law rules of England. The legalistic language used in the book emphasizes that it was designed primarily for law professionals. Distributed by ISBS. c. Book News Inc.

Over the past decade, the High Court has repeatedly rejected the notion that there is a unifying principle of unjust enrichment at the plaintiff's expense, in contrast to the position in the UK. This book provides a vigorous and sustained justification for the Australian position, and demonstrates that the law in the UK has generated more fictions than it was ever thought to abolish. The law of restitution is shown to comprise several fundamentally distinct legal concepts which fill gaps in the law of contract and tort, and which have nothing in common beyond the historical accident that they arose out of the action of indebitatus assumpsit. These are (i) the recovery of non-voluntary payments (by mistake, duress, undue influence, unconscionable dealing and total failure of consideration); (ii) remuneration for goods or services requested by the defendant in circumstances indicating a promise to pay for them; and (iii) the protection of certain facilitative institutions of private law (such as private property and fiduciary relationships). The book staunchly defends the traditional common law approach of analysing legal principles by the empirical method of treating like cases alike, rather than by derivation from supposedly unifying theories. This edition updates the first edition, which was published in 1998, in the light of almost 20 years of case-law and academic debate. It also adds a separate chapter dealing with the history of the law of restitution and why it matters.

This 2004 book provides acomprehensive account of the American law of restitution.

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.

This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.