Private Law Theory

ABSTRACT
Unjust enrichment is often described as a third pillar of private law, distinct from contract and tort, yet its practical operation is deceptively hybrid: it simultaneously gates entitlement (whether restitution is due) and calibrates magnitude (how much is due). This paper treats unjust enrichment as a ‘normative operator’ that transforms a fact pattern into a structured remedial space. Building on a structure-before-metric methodology, I propose a pre-metric mapping protocol that (i) distinguishes rule norms from standard norms, (ii) separates binary from continuous decision components, and (iii) represents defenses as gating mechanisms rather than afterthoughts. The payoff is practical: AI tools can assist lawyers and judges where the structure is rule-like and auditable, while standard-like segments require explicit human oversight and justification. The paper concludes with a compact protocol for AI-augmented restitution analysis that is contestable, transparent, and resilient to false precision.

Calli, Yuksel, Unjust Enrichment as a Normative Operator: Mapping Restitution in a Pre-Metric Normative Space for AI-Augmented Legal Reasoning (January 28, 2026).