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Sender:
Steve Hedley
Date:
Fri, 19 Mar 2004 18:24:57
Re:
Burnett's trustee and "unjust enrichment"

 

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
Faculty of Law, University College, Cork


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