Monday, January 10, 2005

Queer Nation

A Queer Nation is Born

Although the declaration of independence has been dismissed as a stunt by practically everyone, the kingdom’s leaders believe they have a valid claim to the islands. Essentially, they argue their new home is appropriate compensation for the inequalities they have suffered as a result of the government’s stance towards same-sex marriage. This is based on the arcane legal principle in English law of unjust enrichment, which says that if something is unjustly taken, compensation must be made.


It's not an arcane legal principle, it's just got really old roots. It's time-honored, baby. Unjust enrichment is a living, breathing, viable principle in Anglo-American law today. It's an "equity" (fairness) argument, that it is unjust to permit someone to be enriched at another person's detriment, without compensating them for their detriment.

No comments: