The Law and Ethics of Restitution
| Published date | 01 January 2006 |
| Author | James Edelman |
| Date | 01 January 2006 |
| DOI | http://doi.org/10.1111/j.1468-2230.2006.00579_6.x |
structure of these two ¢lms (namely, the redemptive power of masculinist vio-
lence as a mode ofcon£ict resolution) is re£ected in the formulation and imple-
mentation of US criminal justice policy. His argument on this score is persuasive
and his readings of the ¢lms are illuminating. Hallsworth’s essay enjoins us not
only to pay closer attention to the cultural texts which surround (and inform)
legal andpolicy developments(his piece represents a neatapologia for the ‘cultural
turn’ in contemporary penal studies), but also makes the point that, in doing so,
gender must form a central part of ouranalyses. His broader claim that studies of
crime and penality have traditionally failed to take gender and the question of
masculinity into account can perhaps be queried (p 143),nevertheless Hallsworth’s
contributionto this collection is a valuable one and the insights of his essay have
far-reaching applications, not simply to discussions of criminal justice policy, but
to analyses of the ‘War on Terror’and the so-called ‘new global securityenviron-
ment’.
Both of these essays represent qualities found in most of the contributions to
the book^an inventive (yet not intimidating) use of philosophyand legal theory,
original and carefully-constructed arguments, and well-written, often quite
witty prose. In sum, Imaginary Boundaries of Justice is a very useful text for students
of the law, legal philosophy and visualculture. If there is a serious criticismto be
made of the volume, however, it is in the quality of its pictorial reproductions.
While this is morelikely attributable to the ¢nancial limitations of Hart’s produc-
tion budget than it is to either editorial or authorial omission, it is somewhat dis-
appointing that in a book dedicated to imagery the images themselves are of such
startlingly poor quality. The cartoons accompanying Valier’s essay are grainy, but
nevertheless still legible. However, the black and white reproductionsof the Bur-
gundian 15
th
Century paintings which form the subject matter of Lippens’s essay
are barely recognisable as the artworks which the author so carefully interprets.
This is a disappointing aspect of the collection, and one which sent this reader in
search of better reproductions. Nevertheless, as I have indicated, Imaginary Bound-
aries of Jus tice is still, in the main, an impressive work of legal and interdisciplinary
scholarship.
Ben Golder
n
Hanoch Daga n,The Law and Ethics of Restitution,Cambridge: Cambridge
University Press, 2004, xxi þ374pp, hb d50.00.
The origins of the law of unjust enrichment can be found as far back as the well
known text of Pomponius from the Digest of Justinian: Jure naturae aequum est,
neminem cum alterius detrimento et injuria ¢eri locupletiorem (it is natural justice that
no-one should unjustly enrich himself to the detriment of another). But, despite
Pomponius, the Romans had no developed concept of unjust enrichment,
describing such obligations as quasi ex-contractu: ‘said to arise as though from a con-
tract’. Although Lord Mans¢eld attempted to break unjust e nrichment free from
n
Birkbeck College.
Reviews
131The Modern LawReview Limited 2006
To continue reading
Request your trial