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RDG
online Restitution Discussion Group Archives |
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Allan Axelrod wrote:
it would be useful i think for us to
eschew the expression 'unjust' except as referring to behaviour so characterized
in the substantive law of UNJUST ENRICHMENT --- certainly avoiding the
term as a way of expressing subjective dissatisfaction with a result
I think you will have considerable difficulty in persuading
either lawyers or anyone else that "unjust" does not mean "contrary to
justice". Neither are they likely to accept that controversies over what
is "unjust" should lead to abandonment of that sense of the word.
As to whether this ordinary (and almost universal) sense
of the word is "subjective", I would point out that there is considerable
controversy about the scope of "unjust enrichment", the role of "injustice"
within it, and the ways in which "injustice" should be described and analyzed.
So it is far from obvious that your preferred meaning is any less subjective.
Steve Hedley <== Previous message Back to index Next message ==> |
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