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A Public Goods Theory of Restitution

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0010
Subject:
Law, Comparative Law

This chapter introduces what it calls the “public goods theory of restitution,” which applies when one person's act creates unrequested benefits for two or more people. It begins with examples that ... More


Getting Incentives Right: Improving Torts, Contracts, and Restitution

Robert D. Cooter and Ariel Porat

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.001.0001
Subject:
Law, Comparative Law

Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would ... More


Conclusion

Robert D. Cooter and Ariel Porat

in Getting Incentives Right: Improving Torts, Contracts, and Restitution

Published in print:
2014
Published Online:
October 2017
ISBN:
9780691151595
eISBN:
9781400850396
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691151595.003.0013
Subject:
Law, Comparative Law

This book has advanced three central claims, each related to a different branch of private law. First, to achieve efficiency under negligence law, all foreseeable risks should be included when ... More


The Structure of Liberty: Justice and the Rule of Law

Randy E. Barnett

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.001.0001
Subject:
Political Science, Political Theory

What is liberty, as opposed to licence, and why is it so important? When people pursue happiness, peace, and prosperity whilst living in society, they confront pervasive problems of knowledge, ... More


 The Politics of Orthodox‐Greek Catholic Relations

Lavinia Stan and Lucian Turcescu

in Religion and Politics in Post-Communist Romania

Published in print:
2007
Published Online:
September 2007
ISBN:
9780195308532
eISBN:
9780199785728
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195308532.003.0005
Subject:
Religion, Religion and Society

In 1989 the Romanian state was called to return Roman and Greek Catholic property confiscated by communist authorities and transferred to the Orthodox Church. The Orthodox Church's refusal to return ... More


Fighting Crime Without Punishment

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0011
Subject:
Political Science, Political Theory

In a legal system based on pure restitution and self‐defence combined with enhanced reliance on several property and freedom of contract, the ability to effectively prevent crime rather than deter ... More


The Incentive Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0008
Subject:
Political Science, Political Theory

The incentive problem concerns ensuring that persons have an adequate incentive to make choices reflecting the knowledge to which they have access and to discover new information. This problem is ... More


The Compliance Problem

Randy E. Barnett

in The Structure of Liberty: Justice and the Rule of Law

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198297291
eISBN:
9780191598777
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198297297.003.0009
Subject:
Political Science, Political Theory

The compliance problem concerns conduct that conflicts with the rights that define justice or the requirements of the rule of law; it is the need to close the gap between the conduct that justice and ... More


An Uneasy Engagement: Chinese Ideas of Global Order and Justice in Historical Perspective

Rana Mitter

in Order and Justice in International Relations

Published in print:
2003
Published Online:
November 2003
ISBN:
9780199251209
eISBN:
9780191599293
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199251207.003.0009
Subject:
Political Science, International Relations and Politics

Mitter's study argues that until the late Qing, concepts of international order and justice were alien to China's imperial rulers. Subsequently, however, in the nineteenth and early twentieth ... More


Kinetic Theory of Granular Gases

Nikolai V. Brilliantov and Thorsten Pöschel

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198530381
eISBN:
9780191713057
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198530381.001.0001
Subject:
Physics, Condensed Matter Physics / Materials

Kinetic Theory of Granular Gases provides an introduction to the rapidly developing theory of dissipative gas dynamics — a theory which has mainly evolved over the last decade. The book ... More


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