Overview

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.

Full Product Details

Author:   Dr Nahel Asfour (Tel-Aviv University)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.464kg
ISBN:  

9781782257059

ISBN 10:   1782257055
Pages:   216
Publication Date:   21 September 2017
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

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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Author Information

Dr Nahel Asfour has lectured on private law and culture, property and restitution law theory at the University of Vienna, and currently lectures on remedies law at Tel-Aviv University as teaching fellow. He also practices law in Nazareth, Israel.

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