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The Foundations of Restitution for Wrongs
Hardcover
ISBN13: 9781841136479
Publisher: Bloomsbury Publishing PLC
Published: Mar 1 2007
Pages: 262
Weight: 1.20
Height: 0.63 Width: 6.14 Depth: 9.21
Language: English
'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.
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