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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 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


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


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


The Political Economy of Property Rights Reform and Farm Restructuring

Johan F. M. Swinnen

in From Marx and Mao to the Market: The Economics and Politics of Agricultural Transition

Published in print:
2006
Published Online:
May 2006
ISBN:
9780199288915
eISBN:
9780191603518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199288917.003.0009
Subject:
Economics and Finance, Development, Growth, and Environmental

This chapter explains why, when, and how transition countries chose to introduce property rights reforms and restructure their farms. It explains why China opted for the household responsibility ... More


Two-Dimensional Granular Gases

Nikolai V. Brilliantov and Thorsten Pöschel

in Kinetic Theory of Granular Gases

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198530381
eISBN:
9780191713057
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198530381.003.0023
Subject:
Physics, Condensed Matter Physics / Materials

This chapter discusses constant coefficient of restitution and granular gases of viscoelastic particles.


Particle Collisions

Nikolai V. Brilliantov and Thorsten Pöschel

in Kinetic Theory of Granular Gases

Published in print:
2004
Published Online:
January 2010
ISBN:
9780198530381
eISBN:
9780191713057
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198530381.003.0002
Subject:
Physics, Condensed Matter Physics / Materials

This chapter introduces the notation to describe particle collisions using the coefficient of restitution. It raises the question of whether the coefficient of restitution is adequate to describe ... More


Introduction

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/9780691151595.003.0001
Subject:
Law, Comparative Law

This book examines how the law of torts, contracts, and restitution can be improved by showing how private law reduces the cost of accidents, lubricates bargains, and encourages unrequested benefits. ... More


The Modern Law of Estoppel

Elizabeth Cooke

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198262220
eISBN:
9780191714412
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262220.001.0001
Subject:
Law, Law of Obligations

The law of estoppel by representation concerns those critical circumstances when the law will not allow a person to go back on what he has previously said. It might also be called the law of ... More


Skin of the Dog

Colin Dayan

in The Law Is a White Dog: How Legal Rituals Make and Unmake Persons

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691070919
eISBN:
9781400838592
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691070919.003.0007
Subject:
Literature, Criticism/Theory

This chapter argues that the nature and status of dogs as defined by law are crucial to understanding the limits of restitution and the uneven application of remedy to persons who must answer to or ... More


Introduction

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0001
Subject:
Law, Comparative Law, Law of Obligations

This introductory chapter begins with a discussion of the long tradition of unjust enrichment in English law and the advantages of taking a closer look at the German law of unjustified enrichment ... More


The Measure of Restitutionary Liability

Gerhard Dannemann

in The German Law of Unjustified Enrichment and Restitution: A Comparative Introduction

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199533114
eISBN:
9780191705526
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533114.003.0006
Subject:
Law, Comparative Law, Law of Obligations

This chapter discusses gain-based restitution. The measure of liability in unjustified enrichment is governed by §§ 818-820 BGB. The wording of these provisions makes no distinction between different ... More


Conclusion

Borzu Sabahi

in Compensation and Restitution in Investor-State Arbitration: Principles and Practice

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199601189
eISBN:
9780191729201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199601189.003.0008
Subject:
Law, Public International Law, Company and Commercial Law

This chapter discusses ten important findings included in this book. One finding is the dual origin of the modern rules on State responsibility and reparation in both private law notions and public ... More


The End of Translation

John Sallis

in Translation and the Classic: Identity as Change in the History of Culture

Published in print:
2008
Published Online:
September 2008
ISBN:
9780199288076
eISBN:
9780191713439
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199288076.003.0003
Subject:
Classical Studies, Literary Studies: Classical, Early, and Medieval

In its most general conception, translation consists in the transfer or conveyance of meaning across the interval between two languages. The origin of this conception is to be found in a passage in ... More


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