Rethinking Unjust Enrichment
History, Sociology, Doctrine and Theory
Understanding the current problems of unjust enrichment on the deepest levels of its history, sociological forces, doctrinal fallacies and normative deficiencies.
This project is about the incoherency of private law which should be attributed to the advances of the so-called ‘unjust enrichment’ movement across the world. Over the recent decades, the law of unjust enrichment has established itself as a new category of private law, alongside such classical categories as property, contract and tort. With the strong support of academics across the globe, the unjust enrichment dogma has been recognised by the courts of the highest authority in such countries as the UK, Canada, Germany, India, China, Hong Kong, Singapore, and South Africa. Countries such as Australia stand at the verge of such recognition.
The Rethinking Unjust Enrichment aims to collect a contrary range of views which question the dominant position of the global movement of unjust enrichment. This is a clear, coherent, multi-layered, cross-jurisdictional and (hopefully) persuasive manifesto of sceptics, who point to serious deficiencies of the unjust enrichment movement, challenge its core claims and offer alternatives for a more coherent, self-reserved, historically accurate, tolerable, just, and efficient way to spell out the legal effects of basic interpersonal interactions. The project will accommodates a broad range of voices: starting with those scholars who think that the current unjust enrichment doctrine must be seriously qualified, ending with those scholars who think that it should be eliminated altogether.
presented over 3 dates in september
14 September 2022 (Wednesday)
Perth, Australia time
SINGAPORE/ HONG KONG
15 September 2022 (Thursday)
London, UK time
16 September 2022
NY, USA time
Coming in 2023
Rethinking Unjust Enrichment: History, Sociology, Doctrine and Theory
Professor Warren Swain and Dr. Sagi Peari editors
Oxford: Oxford University Press 2023
The Four Perspectives
The Rethinking Unjust Enrichment project aims to collect a contrary range of views which question the dominant position of unjust enrichment. These essays are a collective expression of doubt. The contributions will cast doubt on the various parameters of the unjust enrichment movement from an analytical standpoint representing the following four interrelated perspectives: (1) historical; (2) sociological; (3) doctrinal; and (4) conceptual.