The Law of Restitution. Second edition. By Sir Robert Goff and Gareth Jones. [London: Sweet & Maxwell, 1978. lxxxiii and 583 and (bibliography and index) 19 pp. £27·50 net.]

AuthorP. S. Atiyah
Published date01 November 1979
Date01 November 1979
DOIhttp://doi.org/10.1111/j.1468-2230.1979.tb01568.x
Nov.
19791
REVIEWS
727
In
1972
we might have anticipated the actual finding that “the jury
is
broadly representative of the community in terms of age and social class”
but not that it was
unreprescntative in terms of sex and race
(p.
126).
The
significant under-representation of women and certain ethnic minorities in
Birmingham should give cause for concern. It was also perhaps surprising in
view
of
the rcccnt changes in relation to jurors’ occupations and defendants’
rights to challenge jurors, that Baldwin and McConville found that thcre was
no evidence to suggest any relationship between composition of juries and
the verdicts returned.
In conclusion it can be said that the main problems with this study are
two-fold. First, thcre is
a
considerablc dangcr in rclying solely on
‘‘
official
evaluations which are the basic fodder for the book. There is even
a
greater
strcss
on
some rcspondents’ opinions than others; for example the authors
say that in “a real sense, we felt that the opinion of a trial judge was likely
to be of greater value than that of other respondents
@.
32).
If recent social
science perspectives on law have taught
us
anything it should be that we must
treat the
opinions
of
experts
with considerable sccpticism. In other
words we should make such views, and the reasons given
for
them, a problem
to be studied. They should on no account be taken for granted.
Secondly, there
is
the problem
of
theory. It has been argued
(C.
Campbell
and
P.
Wiles:
The Study of Law in Society in Britain
in
Law
and
Society
Review
(1976).
Vol.
10,
pp.
547-578)
that in the growth
of
“Law in Society”
in Britain there have emerged two major trends, “sociology
of
law” and
socio-legal studies.” Baldwin and McConville’s book falls squarcly within a
socio-legal approach, which is characterised by its policy orientation and lack
of
rigorous theoretical framework.
Jury
Trials
emphasises that the aim of
the study is to produce a
factual framework
. .
.
which might serve to inform
discussions about the future of trial by jury’’
(p.
125).
Thc question of the
jury
is
seen then as
a
policy one, with the authors’ role
I‘
limited
to collecting
facts
(albeit
susceptible to differences
of
interpretation
”),
for the policy-
makers to use in their value judgments. However, the alternative approach,
though frequently excessively abstract and formalistic, would argue that a
rigorous theoretical framework is
a
precondition
for the adequate collection
of
data. The authors simply fail
to
provide
us
with the means
of
understanding
the
importance
of
the evaluation of jury verdicts and trends in acquittal rates,
within the current
political
debate about the jury in the legal system.
S.
REDHEAD.
THE
LAW
01;
RESTITUTION.
Second edition.
By
SIR
ROBERI
Goiw
and
GARETII
JONES.
[London
:
Sweet
&
Maxwell,
1978.
lxxxiii
and
583
and
(bibliography
and index) 19
pp.
€27.50 not.]
WHEN
this book was first published it was warmly welcomed, not only for its
learning and scholarship but for creating a new “subject.”
The
authors were
praised for being in advance of orthodox English thinking much as Anson,
Pollock and Kenny had been before them
(sce
(1966)
29
M.L.K.
579,
580).
The law of restitution had, it seemed, arrived with
The Law
of
Restitution;
and (in the accustomed English manncr) it now becanic possible to
oRcr
univcrsity courscs in the subject.
Since
1966
the authors have each advanced in distinction, and much
has
happened to support their view that the law docs recognise certain broad
principles of unjust enrichment.
A
number of cases in the past decade show a
greater willingness
to
recognisc an independent law of restitution, and even
Statute has now canoniscd the conccpt of “unjust enrichment” (see Torts
(Interference with Goods) Act
1977,
s.
7
(4)).
This new edition brings thc work
up
to date and
also
contains
a
ccrtain

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