Asfour explores how culture has influenced the legal manifestation of the ancient Roman principle that nobody should be made richer through loss and wrong to another in Europe, America, and the Ottoman Empire. His topics include law as a mimetic craft; current law in several European countries; wealth as capital and rights; the fathers of American restitution law; Candide's new paradise; the genesis of the Ottoman mecelle; and wealth as socio-political status and religious trust. Distributed in the US by ISBS. Annotation ©2018 Ringgold, Inc., Portland, OR (protoview.com)
This book analyzes enrichment law, 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. The regions chosen correspond, though imperfectly, with three different legal traditions, namely, 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. Nahel Asfour identifies remarkable affinities between poetic tendencies, structures, and default dispositions of wrongful enrichment law and cultural world-views. Asfour offers bold accounts of each region's law and culture, providing fertile grounds for external and comparative elucidations of the legal doctrine. Revised Dissertation. (Series: International Studies in the Theory of Private Law, Vol. 13) [ Subject: Contract, Tort & Restitution Law; Comparative Law]