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Unjust Enrichment And Libertarianism Cover
Open Access
|Dec 2022

Abstract

The present paper takes on the question of whether the doctrine of unjust enrichment is compatible with libertarianism. Despite Walter Block’s recent arguments to the contrary, the paper argues that unless a gain is received in accordance with the libertarian principles of justice, it is without a basis and thus unjust. This fact alone proves that the concept of unjust enrichment is compatible with libertarianism. Besides, even though it is true — as Block claims — that forcing the recipient of an unjust gain to return it or pay for it involves positive duties and is therefore incompatible with libertarianism, the present paper argues that the practical consequences of this fact would be negligible, for compensatory schemes would develop on the free market anyway in justice-preserving steps.

Language: English
Page range: 1 - 13
Published on: Dec 30, 2022
Published by: University of Wroclaw, Faculty of Law, Administration and Economics
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2022 Łukasz Dominiak, published by University of Wroclaw, Faculty of Law, Administration and Economics
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.