Mapping the Law: Essays in Memory of Peter Birks

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. This works in this volume cover 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' work and influence. As one of the most distinguished academic lawyers of his generation Peter Birks' 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' work.

LIST OF CONTRIBUTORS ; INTRODUCTION ; THE ENGLISH LAW OF UNJUST ENRICHMENT AND RESTITUTION ; 1. The Evolution of the Species ; GENERAL CONCEPTS ; 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 ; SOME PARTICULAR UNJUST FACTORS ; 9. Unlawful Statutes and Mistake of Law: Is There a Smile on the Face of Schrodinger's Cat? ; 10. The Further Travails of Duress ; 11. Undue Influence: Beyond Impaired Consent and Wrong-Doing Towards a Relational Analysis ; 12. Unjust Enrichment, Discharge for Breach, and the Primacy of Contract ; PROPERTY, INSOLVENCY AND RESTITUTION ; 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 ; THE COMPARATIVE LAW OF UNJUST ENRICHMENT AND RESTITUTION ; 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 ; ROMAN 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 Can Never Tell with Bees': Good Advice from Pooh for Students of the Lex Aquilia ; 26. Law Arrivals: The Appendix in Justinian's Digest Reconsidered ; 27. Logic and Experience in Roman Law ; 28. Unjust Enrichment: The Tenant's Tale ; LEGAL HISTORY ; 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 ; THE PUBLICATIONS OF PETER BIRKS 1969 - 2005