Uniwersytet Wrocławski

Polish Political Science Review
Polski Przegląd Polityczny

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Rejoinder to Dominiak on Unjust Enrichment and Libertarianism

 

Abstract

Dominiak (2022) takes the position that, according to the libertarian philosophy, there should be no such thing as unjust enrichment. If there is, the beneficiary should be legally obligated to jettison his gains in favor of the benefactor. The present paper takes issue with that stance; it maintains that while there is indeed, of course, unjust enrichment, and in many cases the beneficiary must indeed give up his benefits, there are also counter examples in which this is not indicated.

Keywords: Libertarianism, unjust enrichment, title transfer