Subject: Law Book Title: Mapping the Law
Mapping the Law
Essays in Memory of Peter Birks
Burrows, Andrew (Editor),
Norton Rose Professor of Financial and Commercial Law, and Fellow of St Hughes College, Oxford
Rodger, Alan (Editor),
Lord Rodger of Earlsferry, Lord of Appeal in Ordinary, Fellow of the British Academy, President of the Expert Witness Institute, and Honourary Professor of Law at the Universities of Aberdeen and Glasgow.
Print publication date: 2006
Published to Oxford Scholarship Online: January 2009 Print ISBN-13: 978-0-19-920655-1 doi:10.1093/acprof:oso/9780199206551.001.0001 |
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Abstract:
This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment. The works in this volume cover a wide range of topics of interest to private law scholars, ranging from the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks's work and influence. As one of the most distinguished academic lawyers of his generation Peter Birks's contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to Peter Birks's work.
Keywords: Peter Birks, obligations law, law of restitution, comparative restitution, unjust enrichment, legal scholar, Clarendon Law Lectures, Clarendon Law Series, Oxford English Law Series Table of Contents
Introduction
1.
The Evolution of the Species
2.
Absence of Basis: The New Birksian Scheme
3.
Three Enrichment Issues
4.
Some Thoughts on Change of Position
5.
The Role of Fault in the Law of Restitution
6.
Subrogation: Persistent Misunderstandings
7.
Tracing
8.
Gain-Based Damages and Compensation
9.
Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrödinger's Cat?
10.
The Further Travails of Duress
11.
Undue Influence: Beyond Impaired Consent and Wrongdoing towards a Relational Analysis
12.
Unjust Enrichment, Discharge for Breach, and the Primacy of Contract
13.
Resulting Trusts
14.
Jones v Jones: Property or Unjust Enrichment?
15.
Unjust Delivery
16.
The Avoidance of Transactions in Insolvency Proceedings and Restitutionary Defences
17.
Restitution after Termination for Breach of Contract: German Law after the Reform of 2002
18.
No Basis: A Comparative View
19.
Unjust Enrichment as Absence of Basis: Can English Law Cope?
20.
The Fallacy of ‘Restitution for Wrongs’
21.
Peter Birks and Scots Enrichment Law
22.
What did Damnum Iniuria Actually Mean?
23.
The Romanization of Spain: The Contribution of City Laws in the Light of the Lex Irnitana
24.
Absent Parties and Bloody-Minded Judges
25.
‘You Never Can Tell with Bees’: Good Advice from Pooh for Students of the Lex Aquilia
26.
Late Arrivals: The Appendix in Justinian's Digest Reconsidered
27.
Logic and Experience in Roman Law
28.
Unjust Enrichment: The Tenant's Tale
29.
Bezoar-Stones, Gall-Stones, and Gem-Stones: A Chapter in the History of the Tort of Deceit
30.
Denials Ancient and Modern, with some Roman Footnotes
31.
Rumford Market and the Genesis of Fiduciary Obligations
32.
Slavery and the Roman Law of Evidence in Eighteenth-Century Scotland
33.
Sir William Jones and the Nature of Law
Bibliography
Index
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doi:10.1093/acprof:oso/9780199206551.001.0001
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