This 2004 book provides acomprehensive account of the American law of restitution.

This book adopts a novel approach to the social question of restitution and repatriation of sacred cultural property and heritage acquired unethically during the colonial era. It uses an approach premised on better integration of law, ethics, history, anthropology, and provenance research. To bridge the material and the sacred world in adjudication and policy formulation, a common definition of what the ‘sacred’ denotes in the context of colonial legacies is adopted as a viable methodology. ‘Sacred’ loot in private and public collections is defined based on clues imparted by disputes which are paradigmatic of the fragmentation that envelops the material, the systems of knowledge associated with that material, the structure and method of international law, subject specialisations, and the legal frameworks in play. The book suggests that the Parthenon Sculptures dispute and the parallel transnational litigation in the Zhanggong Zushi Statue cases offer practical approaches for deconstructing hurdles and assumptions concerning historical claims in the secondary legal norms and tenets of PrIL. It will be of interest to researchers interested in interdisciplinary work across the humanities and social sciences, including public and private international law, cultural property law, heritage law, and provenance research and practice.

This comprehensive yet accessible Research Handbook offers an expert guide to the key concepts, principles and debates in the modern law of unjust enrichment and restitution.

This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.

The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

'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.

This invaluable book, for the first time, brings together the international and European Union legal framework on cultural property law and the restitution of cultural property. Drawing on the author's extensive experience of international disputes, it provides a very comprehensive and useful commentary. Theories of cultural nationalism and cultural internationalism and their founding principles are explored. Irini Stamatoudi also draws on soft law sources, ethics, morality, public feeling and the role of international organisations to create a complete picture of the principles and trends emerging today.

Analyses the social imaginary of undoing, repair and return underpinning the international norm of restitution-makingApproaches restitution not just as a legal norm of property return, but as a social imaginary and a cultural-psychoanalytic 'scene' of undoing, repair and returnBrings together philosophic-political, socio-legal and cultural-psychoanalytic approaches to the study of restitutionOutlines a heterogeneous and multifaceted idea of restitution emergent in modernity, and looks at the peripheries of the modern restitutive tradition in the search for alternatives and counter-traditionsThis book takes a unique approach grounded in political and cultural discourse to develop a political theory of restitution. Challenging assumptions about restitution in the Western legal and political tradition, where it has become nearly synonymous with reacquisition and where legal studies focus on material objects and claims to their ownership, Zolkos argues that the development of restitutive norms has been auxiliary to the emergence of modern state sovereignty, and excavates the restitutive tradition's mythical-religious substrate. Bringing together texts from within and outwith the Western canon of political theory and philosophy, including the writings of Grotius, Durkheim, Freud, and Klein, as well as Mary Shelley's Frankenstein, the book undertakes a dual task: reading literary texts as a political theorising of restitution, and reading political or sociological texts as literary narratives with distinctive 'restitutive tropes' of repair, undoing and return.

In this book, David Jarrett argues that the influential Lockean thesis of justice in property, which traces back to John Locke, seems to entail much egalitarian property redistribution. Put briefly, Lockeans argue that people justly own: (1) any unowned natural resources they labour on, (2) any resources they receive via voluntary transfer from a legitimate owner, and (3) any resources they legitimately receive in compensation for harm done to their person or legitimately held property. However, a question that has been largely overlooked by Lockeans is how to address the problem of property which did not arise in line with Lockean justice. What do we do about property which derives from feudal and colonial conquest, for example? Drawing on a range of theoretical and historical sources, this book argues that the legal concept of restitution is the most reasonable way to address the problem. If we apply this concept, it appears that much property in the world is held unjustly and should be redistributed in an egalitarian manner. Lockean Property Ethics and Restitution will be of interest to political theorists and philosophers alike.