Centripetal force: the restatement of unjust enrichment in England and Wales

Barker, Kit (2013) Centripetal force: the restatement of unjust enrichment in England and Wales. Oxford Journal of Legal Studies, 34 1: 1-25. doi:10.1093/ojls/gqt027

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Author Barker, Kit
Title Centripetal force: the restatement of unjust enrichment in England and Wales
Journal name Oxford Journal of Legal Studies   Check publisher's open access policy
ISSN 0143-6503
1464-3820
Publication date 2013
Year available 2013
Sub-type Article (original research)
DOI 10.1093/ojls/gqt027
Open Access Status
Volume 34
Issue 1
Start page 1
End page 25
Total pages 25
Editor A. C. L. Davies
Place of publication Oxford, United Kingdom
Publisher Oxford University Press
Collection year 2014
Language eng
Subject C1
180199 Law not elsewhere classified
Formatted abstract
Restatements of the law are usually considered a uniquely American phenomenon, explained by the complexities and uncertainties of a multi-jurisdictional common law system. They have also been subject to the accusation from legal realists that they are misleading, conservative and formalistic exercises. This review interrogates the role of the restatement in a jurisdiction with a singular common law tradition, focusing on Andrew Burrows’ recent Restatement of the English law of Unjust Enrichment. It compares and contrasts his restatement with previous American restatements and with other types of ‘public statement’ of private Law, such as codes and legal treatises. It concludes that there may be good (and particular) reasons for restating unjust enrichment law in England and that Burrows’ work is unique in its form and purposes. This article’s central thesis is that a restatement can provide an important public platform for intellectual debate and a powerful centripetal force addressing legal fragmentation and uncertainty even in a singular common law jurisdiction. It further suggests that modernist doctrinal enterprises of this type may be more sympathetic to the critical insights of legal realism than is sometimes suggested.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ

Document type: Journal Article
Sub-type: Article (original research)
Collections: ERA White List Items
Official 2014 Collection
TC Beirne School of Law Publications
 
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Created: Mon, 16 Dec 2013, 16:19:24 EST by Carmen Buttery on behalf of T.C. Beirne School of Law