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Informationen zum Autor Francesco Giglio is a Senior Lecturer in Law at the University of Manchester. Klappentext Restitution for wrongs, or restitutionary damages, is the judicial award which compels the wrongdoer to surrender 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 left compensation as the main response, but there have been difficulties encountered by modern attempts to account for restitutionary damages. Mistakes in the classification of this institution have complicated the picture. In Part One of this book, the topic is analyzed 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 is the first book to address this subject in both comparative and historical terms. Zusammenfassung '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. Inhaltsverzeichnis Introduction 1 Terminology and Introduction to the Concept of Restitution for WrongsI First Things First II Restitution III Wrong IV Setting the Terminological Premises 2 Restitution in the Context of the Law of Obligations I Legal Analysis II Some Remarks 3 Comparative Analysis: Proprietary and Intellectual Property Wrongs I Organisation of the Analysis II Proprietary Wrongs III Intellectual Property Wrongs 4 Comparative Analysis: Breach of Contract I English Law II German Law III Italian Law 5 Comparative Analysis: Other Wrongs and Concluding Observations I Other Wrongs II Concluding Observations 6 The Roman Law of Damages I The Role of Non-Compensatory Responses II Legal Responses to Wrongs III The Punitive Character of the Roman Law of Delict IV Penal and Compensatory Actions VI Evolution of the Law of Damages in the Post-Classical Period VII The Law of Damages in the Ius Commune VIII Some Reflections 7 The Law of Damages in the Tradition of Aristotelian Philosophy I Introduction II The Aristotelian Approach to Responses to Wrongdoing III Aristotelian Theory and Law of Damages IV The Influence of Philosophical Analysis over Legal Interpretation 8 Modern Aristotelian Approaches to Restitution for Wrongs I Introduction II German Legal Theory and Aristotelian Justice III A Moral Instrumentalist Theory on the Law of Damages IV A Moral Formalist Theory on the Law of Damages V Corrective Justice and Restitution for Wrongs 9 Wrongs and Restitution I Introduction II Birks' Three Tests III Protection of Facilitative Institutions IV General Acceptance V Position of the Law Commission VI Restitution Disgorgement and Deterrence VII The Requirements of the Claim VIII The Object of the Restitutionary Claim IX Election between Compensation and Restitution X The Neutrality of Restitution for Wron...
