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Restitution is now well established as a modern legal discipline. It has it own texts, a substantial journal literature, even a modicum of recognition from the courts. Yet the nature of restitution eludes consensus
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The law of restitution Restitution is now well established as a modern legal discipline. It has it own texts, a substantial journal literature, even a modicum of recognition from the courts. Yet the nature of restitution eludes consensus. The pioneers of the subject, eager to promote their vision of 'restitution as unjust enrichment', rely primarily on clarity of exposition, though also with occasional asides against the many they see as their enemies (see for example Birks 1985a, p 6; Burrows 1993, pp 2-6; Tettenborn 1996, pp 2-8). Their ultimate argument against all criticisms is through progressive refinement and redefinition of their 'unjust enrichment' theory, a strategy which has resulted in more and more precise notions, but also in a smaller and smaller ambit for their subject, as unpromising material is excluded. In this paper we will discuss many important structural and taxonomic matters. Mentioned in passing is Prof Birks' recanting of...
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