Wrongful Enrichment: A Study in Comparative Law and Culture

by Nahel Asfour, Christian Joerges, Gunther Teubner, Hugh Collins

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.

Product Details

ISBN-13:	9781509935154
Publisher:	Bloomsbury Academic
Publication date:	01/23/2020
Series:	International Studies in the Theory of Private Law
Pages:	216
Product dimensions:	6.14(w) x 9.21(h) x 0.44(d)

About the Author

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.

Table of Contents

Preface ix

Acknowledgements xi

Transliteration and Translation Notes xv

Table of Cases xvii

Table of Legislation xix

Table of DCFR and EU Projects and Table of EU xxi

Table of Restatements xxiii

Introduction 1

1 Law as a Mimetic Craft 14

2 European Law 26

The Route to Exemplars 26

Western Continental Law 27

Historical Overview 27

Current Law of Germany 30

Current Law of Austria 32

Current Law of Italy 33

Current Law of Spain 35

The Draft Common Frame of Reference 36

Tracing Exemplars 41

Assessment 43

3 European Culture 47

An Introductory Note 47

Is there a European Culture? 47

Wealth as Labour, Morality and Social Properties 50

Wealth as a Person's Earthly Dominion, Property and Possession 56

Wealth as Capital and Rights 61

Observing European Law and Culture 66

4 American Law 69

The Fathers of American Restitution Law 69

American Law 73

Historical Overview 73

Current law 81

Restatements of Restitution 86

Tracing Exemplars 90

Assessment 92

5 American Culture 95

Candide's New Paradise 95

Is there an American Culture? 96

Wealth as Work Ethic, Religious Values and Money 98

Observing American Law and Culture 114

6 Ottoman Law 116

The Genesis of the Mecelle 116

The Ottoman Mecelle 125

Tracing Exemplars 130

Assessment 134

7 Ottoman Culture 138

Politicised Poetics 138

Was there an Ottoman Culture? 139

Wealth as Socio-Political Status and Religious Trust 140

Observing Ottoman Law and Culture: The Exceptional Case of Imitatio 154

Conclusions 157

Bibliography 165

Index 181