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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
The dignity takings/dignity restoration framework was first created by Professor Bernadette Atuahene following her empirical exploration of South Africa’s land dispossession and restitution in her book, We Want What’s Ours: Learning from South Africa’s Restitution Program (Oxford University Press 2014). [1]
Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
Restitutio in integrum had a distinct meaning in ancient Roman law that differed from its common law counterpart. The core concept of reversing to original condition was preserved, but restitutio in integrum was a specific method of praetor intervention in an otherwise-valid legal action that was viewed as especially unjust or harmful.
Restorationism, also known as Restitutionism or Christian primitivism, is a religious perspective according to which the early beliefs and practices of the followers of Jesus were either lost or adulterated after his death and required a "restoration".
Reparations are broadly understood as compensation given for an abuse or injury. [1] The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see war reparations) that were punitive mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the World War I reparations paid by ...
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...