{"title":"Restitution and Relationships","authors":"Hanoch Dagan","doi":"10.2139/SSRN.1906659","DOIUrl":null,"url":null,"abstract":"This Essay examines how restitutionary doctrines protect the integrity of certain types of relationships by providing guarantees against betrayal of trust and by making free-riding a losing proposition. It also considers contexts wherein restitution serves to recruit third parties, meaning parties external to the relationship the law seeks to safeguard, as indirect guardians. More broadly, this Essay challenges the schism between autonomy-based and utility-based accounts of restitution or of private law more generally, and explains how a pluralist theory may help to address this flaw.","PeriodicalId":47323,"journal":{"name":"Boston University Law Review","volume":null,"pages":null},"PeriodicalIF":1.6000,"publicationDate":"2011-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Boston University Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.1906659","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 1
Abstract
This Essay examines how restitutionary doctrines protect the integrity of certain types of relationships by providing guarantees against betrayal of trust and by making free-riding a losing proposition. It also considers contexts wherein restitution serves to recruit third parties, meaning parties external to the relationship the law seeks to safeguard, as indirect guardians. More broadly, this Essay challenges the schism between autonomy-based and utility-based accounts of restitution or of private law more generally, and explains how a pluralist theory may help to address this flaw.
期刊介绍：
The Boston University Law Review provides analysis and commentary on all areas of the law. Published six times a year, the Law Review contains articles contributed by law professors and practicing attorneys from all over the world, along with notes written by student members.
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