Academic

Botterell on Corrective Justice & Unjust Enrichment

By Lawrence Solum

Andrew Botterell (University of Western Ontario - Faculty of Law) has posted Property, Corrective Justice, and the Nature of the Cause of Action in Unjust Enrichment (Canadian Journal of Law and Jurisprudence, Vol. 20, No. 2, pp. 275-296, 2007) on SSRN.  Here is the abstract:

In this paper I reconsider the relation between property and unjust enrichment and respond to a recent argument that actions in unjust enrichment cannot be actions in corrective justice. I suggest that any analysis that regards actions in unjust enrichment as embodying principles of corrective justice requires supplementation by considerations that are, at bottom, proprietary in nature. I argue that there is no incompatibility in viewing actions in unjust enrichment as actions whose grounds are broadly proprietary in nature; that understanding unjust enrichment in this manner does not threaten its theoretical coherence; and that understanding unjust enrichment in this manner allows us to view actions in unjust enrichment as actions in corrective justice.

Full post as published by Legal Theory Blog on October 10, 2008 (boomark / email).