This book is a sophisticated comparative analysis of the doctrine
of unjust enrichment in the North American and Jewish legal
systems, and in international law. By offering an explanatory
theory which brings to light the normative underpinnings of the
doctrine, it facilitates the prediction of legal outcomes and
supplies the necessary tools for evaluating existing legal rules.
Applying both theoretical analysis and comparative legal
techniques, the study claims that the choice of compensation
arising from a claim of unjust enrichment is not a matter of legal
technicality. Instead it describes how the legal choice of a
pecuniary remedy can be seen to embody a choice between competing
values. This decision, writes Dagan, is implicated in the
prevailing background ethos of the society at issue, and is deeply
influenced by its own complex conceptions of self and of community.
General
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