'Restitution for wrongs', or 'restitutionary damages', is the judicial award which compels the wrongdoer to give up to the victim the benefit obtained through the perpetration of the wrong, independently of any loss suffered by the victim.
The establishment of a civil trial in Roman law, which left compensation as the main response, and a widespread, loss-centred interpretation of the Aristotelian theory of corrective justice explain, but do not justify the difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture.
To overcome some of these problems, this study considers the basic structure of restitutionary damages from different angles. In part one, the topic is analysed from a comparative perspective. Although the focus remains on English law, the German, the Italian and the Roman jurisdictions provide research data which, in part two, support the development of a theory of restitution for wrongs as corrective justice.
- 262 pages
- English
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The Foundations of Restitution for Wrongs
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Table of contents
- Half Title Page
- Title Page
- Title verso
- Preface
- Contents
- Table of Citations
- Table of Cases
- Introduction
- 1. Terminology and Introduction to the Concept of Restitution for Wrongs
- 2. Restitution in the Context of the Law of Obligations
- 3. Comparative Analysis: Proprietary and Intellectual Property Wrongs
- 4. Comparative Analysis: Breach of Contract
- 5. Comparative Analysis: Other Wrongs and Concluding Observations
- 6. The Roman Law of Damages
- 7. The Law of Damages in the Tradition of Aristotelian Philosophy
- 8. Modern Aristotelian Approaches to Restitution for Wrongs
- 9. Wrongs and Restitution
- 10. Final Observations
- Bibliography
- Index
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Yes, you can access The Foundations of Restitution for Wrongs by Francesco Giglio in PDF and/or ePUB format, as well as other popular books in Law & Contract Law. We have over 1.5 million books available in our catalogue for you to explore.