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    Through Thick and Thin: The Place of Corrective Justice in Unjust Enrichment
    Oxford Journal of Legal Studies 31 (3): 551-564. 2011.
    This article explores the justification for the defendant’s restitutionary obligation to the plaintiff consequent on an unjust enrichment. It focuses on the dominant corrective justice explanation, according to which the duty of restitution instantiates this virtue. It identifies two types of corrective justice explanation: a thin and thick version, attributed to John Gardner and Ernest Weinrib, respectively. According to the thin version, corrective justice is confined to the remedial relation …Read more
  •  1
    Concerns about Corrective Justice
    Canadian Journal of Law and Jurisprudence 26 (1): 137-156. 2013.
    According to the principle of corrective justice, one who causes a wrongful loss or receives a wrongful gain is obligated to make good that loss or restore that gain. The guiding principle of the remedies of private law is to put the aggrieved party in the position s/he would have been in had the complained of conduct not occurred. The connection between corrective justice and private law’s remedies thus appears analytic. My article challenges this orthodoxy. I argue that, on the one hand, if co…Read more