Unjust Enrichment and the Socio-Legal Case for Reparations

2021 ◽  
pp. 73-84
Keyword(s):  
Author(s):  
Lasse Thomassen

This chapter on the concept and practice of tolerance makes use of the legal case Begum together with three other cases from the same period: X v Y, Playfoot and Watkins-Singh. The chapter analyses the debates about the cases in two broadsheets: The Guardian and The Telegraph. The cases all concerned the rights of schoolgirls in state schools to wear particular kinds of religious clothing and symbols: two different versions of the hijab, a Christian purity ring, and a Sikh bangle. Examining the way tolerance and difference and identity are articulated across the debates about the four cases, I show how lines of inclusion and exclusion are articulated, existing side by side and competing within the same representational space of British multiculturalism.


2016 ◽  
Vol 20 (3) ◽  
pp. 326-337
Author(s):  
Steve Hedley

In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123). The author takes the view that Jansen's paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider.


Author(s):  
Matt Eisenbrandt ◽  
Benjamín Cuéllar

In 1980, a death squad linked to business tycoons and military commanders murdered Archbishop Oscar Romero for denouncing widespread repression and poverty in El Salvador. Romero was known as the “voice of the voiceless,” and his criticism of the oligarchs who dominated the economy and the Security Forces that tortured and murdered civilians made Romero a military target. Two decades after his assassination, the Center for Justice & Accountability (CJA) found one of the conspirators, Álvaro Saravia, living in California and launched a wide-ranging investigation into the death squad and its financiers. This book chronicles the life and death of the Catholic martyr, examining his actions and situating his years as archbishop in the broader context of the Salvadoran clergy’s embrace of Liberation Theology. It also analyzes, through excerpts from witness interviews and trial testimony, the mindset of the death squad members, their leader Roberto D’Aubuisson, and their wealthy backers, that propelled them to want Romero dead. The U.S. government played an important and contradictory role in developing the death squads and funding the military from which they sprang while also investigating their crimes and seeking to keep them in check. Within this complicated historical context, the book provides a first-hand account of the investigation and U.S. legal case that led to the only court verdict ever reached for Archbishop Romero’s murder.


2019 ◽  
Vol 5 (2) ◽  
pp. 149-164
Author(s):  
Angelo Nicolaides ◽  
Stella Vettori
Keyword(s):  

2016 ◽  
Vol 167 (2) ◽  
pp. 82-89
Author(s):  
Michael Bütler

Responsibility for forest-linked dangers: examples from legal practice According to the Forest Policy 2020 of the Federal Council the share of old and dead wood should increase in Swiss forests. On the one hand, this is connected to positive ecological effects but on the other, to dangers, responsibilities and liability risks. Recent court and administrative decisions relating to accidents due to typical forest hazards such as falling trees and branches illustrate the legal situation for forest owners and enterprises as well as for forestry professionals. In the wooded environment near buildings and equipment there are obligations for the safety of traffic and passers-by. However, these obligations are limited by the reasonableness of protective measures and the personal responsibility of forest users. In this paper, the liability issue is illustrated by three legal case studies. The cases are assessed by the author, and the essential legal basis for liability is briefly summarized.


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