Justifying the Law of Unjust Enrichment: A Confucian Perspective

Authors

Siyi LinFollow

Abstract

In a wide range of situations, the law in different jurisdictions requires that a person who has been unjustly enriched at another’s expense make restitution to the other. However, what justifies the liability for unjust enrichment? This fundamental question has perplexed unjust enrichment scholars, especially in the common law world, for decades, with various justificatory ideas being proposed while no consensus has been reached. This article explores the justification of the law of unjust enrichment within the context of China’s historical, legal, and social frameworks for the first time. A historical review reveals that the notion of unjust enrichment has been persistently reserved in China after its transplantation through different historical periods due to its conformity with China’s most influential philosophical tradition: Confucianism. Therefore, this article proposes a rational explanation for unjust enrichment liabilities through a Confucian lens. This innovative Confucian account complements existing Western theories of unjust enrichment.

Recommended Citation

Siyi Lin, Justifying the Law of Unjust Enrichment: A Confucian Perspective, 34 Wash. Int’l L.J. (2025).
Available at: https://digitalcommons.law.uw.edu/wilj/vol34/iss2/3