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Injustice And Restitution
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Book Synopsis The Guilt of Nations by : Elazar Barkan
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.
Book Synopsis Rectifying International Injustice by : Daniel Butt
Download or read book Rectifying International Injustice written by Daniel Butt and published by Oxford University Press. 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.
Book Synopsis Injustice and Restitution by : Stephen David Ross
Download or read book Injustice and Restitution written by Stephen David Ross and published by SUNY Press. This book was released on 1993-01-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the nature and injustice of authority, retracing the ideas of reason and law from ancient Greece to the present, pursuing a line of thought begun with Anaximander, who speaks of the ordinance of time as restitution for immemorial injustice, and Heraclitus, who speaks of justice as strife. Predominantly philosophical, exploring the authority of Western philosophy in twentieth-century continental and pragmatist writings, the book explores alternative voices as challenges to authority, in feminist and multicultural writings, in Greek mythology and African narratives, in Greek drama and twentieth-century literature.
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.
Book Synopsis Injustice and Restitution by : Stephen David Ross
Download or read book Injustice and Restitution written by Stephen David Ross and published by SUNY Press. This book was released on 1993-09-28 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the nature and injustice of authority, retracing the ideas of reason and law from ancient Greece to the present, pursuing a line of thought begun with Anaximander, who speaks of the ordinance of time as restitution for immemorial injustice, and Heraclitus, who speaks of justice as strife. Predominantly philosophical, exploring the authority of Western philosophy in twentieth-century continental and pragmatist writings, the book explores alternative voices as challenges to authority, in feminist and multicultural writings, in Greek mythology and African narratives, in Greek drama and twentieth-century literature.
Book Synopsis Holocaust Justice by : Michael J Bazyler
Download or read book Holocaust Justice written by Michael J Bazyler and published by NYU Press. This book was released on 2005-04-01 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to tell the complete story of the American attempt at restitution for victims of the Holocaust The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today’s dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art—first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. 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. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks’ attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II—including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.
Book Synopsis The Rights and Wrongs of Land Restitution by : Derick Fay
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 312 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. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.
Book Synopsis Freedom from Past Injustices by : Nahshon Perez
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
Book Synopsis Redress for Historical Injustices in the United States by : Michael T. Martin
Download or read book Redress for Historical Injustices in the United States written by Michael T. Martin and published by Duke University Press. This book was released on 2007-07-16 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exceptional resource, this comprehensive reader brings together primary and secondary documents related to efforts to redress historical wrongs against African Americans. These varied efforts are often grouped together under the rubric “reparations movement,” and they are united in their goal of “repairing” the injustices that have followed from the long history of slavery and Jim Crow. Yet, as this collection reveals, there is a broad range of opinions as to the form that repair might take. Some advocates of redress call for apologies; others for official acknowledgment of wrongdoing; and still others for more tangible reparations: monetary compensation, government investment in disenfranchised communities, the restitution of lost property and rights, and repatriation. Written by activists and scholars of law, political science, African American studies, philosophy, economics, and history, the twenty-six essays include both previously published articles and pieces written specifically for this volume. Essays theorize the historical and legal bases of claims for redress; examine the history, strengths, and limitations of the reparations movement; and explore its relation to human rights and social justice movements in the United States and abroad. Other essays evaluate the movement’s primary strategies: legislation, litigation, and mobilization. While all of the contributors support the campaign for redress in one way or another, some of them engage with arguments against reparations. Among the fifty-three primary documents included in the volume are federal, state, and municipal acts and resolutions; declarations and statements from organizations including the Black Panther Party and the NAACP; legal briefs and opinions; and findings and directives related to the provision of redress, from the Oklahoma Commission to Study the Tulsa Race Riot of 1921 to the mandate for the Greensboro Truth and Reconciliation Commission. Redress for Historical Injustices in the United States is a thorough assessment of the past, present, and future of the modern reparations movement. Contributors. Richard F. America, Sam Anderson, Martha Biondi, Boris L. Bittker, James Bolner, Roy L. Brooks, Michael K. Brown, Robert S. Browne, Martin Carnoy, Chiquita Collins, J. Angelo Corlett, Elliott Currie, William A. Darity, Jr., Adrienne Davis, Michael C. Dawson, Troy Duster, Dania Frank, Robert Fullinwider, Charles P. Henry, Gerald C. Horne, Robert Johnson, Jr., Robin D. G. Kelley, Jeffrey R. Kerr-Ritchie, Theodore Kornweibel, Jr., David Lyons, Michael T. Martin, Douglas S. Massey , Muntu Matsimela , C. J. Munford, Yusuf Nuruddin, Charles J. Ogletree Jr., Melvin L. Oliver, David B. Oppenheimer, Rovana Popoff, Thomas M. Shapiro, Marjorie M. Shultz, Alan Singer, David Wellman, David R. Williams, Eric K. Yamamoto, Marilyn Yaquinto
Book Synopsis Politics and the Past by : John Torpey
Download or read book Politics and the Past written by John Torpey and published by Rowman & Littlefield Publishers. This book was released on 2004-09-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics and the Past offers an original, multidisciplinary exploration of the growing public controversy over reparations for historical injustices. Demonstrating that 'reparations politics' has become one of the most important features of international politics in recent years, the authors analyze why this is the case and show that reparations politics can be expected to be a major aspect of international affairs in coming years. In addition to broad theoretical and philosophical reflection, the book includes discussions of the politics of reparations in specific countries and regions, including the United States, France, Latin America, Japan, Canada, and Rwanda. The volume presents a nuanced, historically grounded, and critical perspective on the many campaigns for reparations currently afoot in a variety of contexts around the world. All readers working or teaching in the fields of transitional justice, the politics of memory, and social movements will find this book a rich and provocative contribution to this complex debate.
Book Synopsis Time for Reparations by : Jacqueline Bhabha
Download or read book Time for Reparations written by Jacqueline Bhabha and published by University of Pennsylvania Press. This book was released on 2021-09-03 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this sweeping international perspective on reparations, Time for Reparations makes the case that past state injustice—be it slavery or colonization, forced sterilization or widespread atrocities—has enduring consequences that generate ongoing harm, which needs to be addressed as a matter of justice and equity. Time for Reparations provides a wealth of detailed and diverse examples of state injustice, from enslavement of African Americans in the United States and Roma in Romania to colonial exploitation and brutality in Guatemala, Algeria, Indonesia, Jamaica, and Guadeloupe. From many vantage points, contributing authors discuss different reparative strategies and the impact they would have on the lives of survivor or descent communities. One of the strengths of this book is its interdisciplinary perspective—contributors are historians, anthropologists, human rights lawyers, sociologists, and political scientists. Many of the authors are both scholars and advocates, actively involved in one capacity or another in the struggles for reparations they describe. The book therefore has a broad and inclusive scope, aided by an accessible and cogent writing style. It appeals to scholars, students, advocates and others concerned about addressing some of the most profound and enduring injustices of our time.
Book Synopsis Reconsidering Reparations by : Olúfhemi O. Táíwò
Download or read book Reconsidering Reparations written by Olúfhemi O. Táíwò and published by Oxford University Press. This book was released on 2022 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Christopher Columbus' voyage changed the world forever because the era of racial slavery and colonialism that it started built the world in the first place. The irreversible environmental damage of history's first planet-sized political and economic system is responsible for our present climate crisis. Reparations calls for us to make the world over again: this time, justly. The project of reparations and racial justice in the 21st century must take climate justice head on. The book develops arguments about the role of racial capitalism in global politics, addresses other views of reparations, and summarizes perspectives on environmental racism"--
Book Synopsis Legacy of Injustice by : Donna K. Nagata
Download or read book Legacy of Injustice written by Donna K. Nagata and published by Springer Science & Business Media. This book was released on 2013-06-29 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the age of 6, I discovered a jar of brightly colored shells under my grandmother's kitchen sink. When I inquired where they had come from, she did not answer. Instead, she told me in broken English, "Ask your mother. " My mother's response to the same question was, "Oh, I made them in camp. " "Was it fun?" I asked enthusiastically. "Not really," she replied. Her answer puzzled me. The shells were beautiful, and camp, as far as I knew, was a fun place where children roasted marshmallows and sang songs around the fire. Yet my mother's reaction did not seem happy. I was perplexed by this brief exchange, but I also sensed I should not ask more questions. As time went by, "camp" remained a vague, cryptic reference to some time in the past, the past of my parents, their friends, my grand parents, and my relatives. We never directly discussed it. It was not until high school that I began to understand the significance of the word, that camp referred to a World War II American concentration camp, not a summer camp. Much later I learned that the silence surrounding discus sions about this traumatic period of my parents' lives was a phenomenon characteristic not only of my family but also of most other Japanese American families after the war.
Book Synopsis The Varieties of Restitution by : Ian Jackman
Download or read book The Varieties of Restitution written by Ian Jackman and published by . This book was released on 2017-03-17 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law and Ethics of Restitution by : Ḥanokh Dagan
Download or read book The Law and Ethics of Restitution written by Ḥanokh Dagan and published by Cambridge University Press. This book was released on 2004-08-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book provides acomprehensive account of the American law of restitution.
Download or read book Unjust Enrichment written by Peter Birks and published by OUP Oxford. This book was released on 2005-01-13 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Download or read book Crow Country written by Kate Constable and published by Allen & Unwin. This book was released on 2011-09-01 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of the Chanters of Tremaris series comes a contemporary time travel fantasy, grounded in the landscape of Australia Beginning and ending, always the same, always now. The game, the story, the riddle, hiding and seeking. Crow comes from this place; this place comes from Crow. And Crow has work for you. Sadie isn't thrilled when her mother drags her from the city to live in the country town of Boort. But soon she starts making connections--with the country, with the past, with two boys, Lachie and Walter, and, most surprisingly, with the ever-present crows. When Sadie is tumbled ba.
