In its verdict that followed proceedings lasting about two years, the UN's top court did not accept India's contention that Jadhav was entitled to 'restitutio in integrum
' (restoration to original position) and turned down its request to annul the decision of the Pakistani military court.
(4) The authors argue convincingly that the Court, in that case, failed to observe the distinction between rescission and disgorgement; their Lordships seemed to say that they were ordering an account of profits in order to bring about restitutio in integrum. (5) However, the authors are not content simply to point out the Court's category error.
In Chapter 13 ('General Principles of Restitutio in Integrum'), the authors contend that the case law reveals two 'heretical approaches' (23) in which the objective of restitutio in integrum has been abandoned in the pursuit of practical justice:
Mexico requested as a remedy the restitutio in integrum
, meaning the annulment of the convictions and sentences at issue.
In fact the rationalistic and pre-scientific Aristotelianism, Lullo's hermeneutics, and the kabbalistic Neoplatonism represent different aspects of the analysis of man's status corruptionis after his original sin, and of his longing for restitutio in integrum
that, although developed in different forms, always presents the memory function as one of its main active principles.