Philosophical Foundations of Fiduciary Law
Series: Philosophical Foundations of Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 14 August 2014
- ISBN 9780198701729
- Binding Hardback
- No. of pages448 pages
- Size 253x179x29 mm
- Weight 944 g
- Language English 0
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Short description:
Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.
MoreLong description:
Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms.
Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
This edited collection brings together a number of leading scholars, one might say an all-star cast, to consider an area of law which, in recent years, has become increasingly topical. The editors are also admirably ambitious for the book, believing that it will âset the agenda for philosophical study of fiduciary law for generations to comeâ. Only the passage of time can vindicate that claim; but the coverage and quality of the collection go a long way to justifying such an expectation.
Table of Contents:
Introduction
Part I. Fiduciary Relationships
The Role of Status in the Law of Obligations: Lessons for Fiduciary Duties
Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent
The Fiduciary Relationship
Managing our Money: The Law of Financial Fiduciaries as a Private Law Institution
Part II. Fiduciary Duties
Fiduciary Loyalty as Kantian Virtue
Can We Be Obliged to Be Selfless?
Is Loyalty a Virtue, and Even If It Is, Does it Really Help Explain Fiduciary Liability?
The Loyalties of Fiduciary Law
Part III. Economic Theory: Constructive and Critical Perspectives
An Economic Theory of Fiduciary Law
Sharing Ex Ante and Ex Post: The Non-Contractual Basis of Fiduciary Relations
Knowledge in Fiduciary Relations
How to Water Down Fiduciary Duties
Why Fiduciary Law is Equitable
Part IV. Fiduciary Principles in Context: Private Law
Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions
Constituency Directors and Corporate Fiduciary Duties
The Fiduciary Character of Agency and the Interpretation of Instructions
On Trust and Transubstantiation: Mitigating the Excesses of Ownership
Part V. Fiduciary Principles in Context: Public Law
Fiduciary Authority and the Service Conception
Mapping Public Fiduciary Relationships
A Sacred Trust of Civilization: Fiduciary Foundations of International Law
What We Wished For
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