Philosophical Foundations of Fiduciary Law

Paperback | February 29, 2016

EditorAndrew S. Gold, Paul B. Miller

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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 andchildren. 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. Fiduciaryduties, 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 contentand 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 andimportant 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.

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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 andchildren. They structure a wide variety of ...

Andrew S. Gold is Bruce W. Nichols Visiting Professor of Law at Harvard Law School and Professor of Law at DePaul University College of Law. His recent scholarship has focused on fiduciary theory, contract theory, civil recourse theory, and corrective justice. He has been a Visiting Scholar at Harvard Law School, and an HLA Hart Visiti...

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Format:PaperbackDimensions:448 pages, 9.69 × 6.73 × 0.95 inPublished:February 29, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198783345

ISBN - 13:9780198783343

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Table of Contents

Andrew S. Gold and Paul B. Miller: IntroductionPart I. Fiduciary Relationships1. The Hon. Justice James Edelman: The Role of Status in the Law of Obligations: Lessons for Fiduciary Duties2. Joshua Getzler: Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent3. Paul B. Miller: The Fiduciary Relationship4. Hanoch Dagan and Sharon Hannes: Managing our Money: The Law of Financial Fiduciaries as a Private Law InstitutionPart II. Fiduciary Duties5. Irit Samet: Fiduciary Loyalty as Kantian Virtue6. Lionel D. Smith: Can We Be Obliged to Be Selfless?7. J.E. Penner: Is Loyalty a Virtue, and Even If It Is, Does it Really Help Explain Fiduciary Liability?8. Andrew S. Gold: The Loyalties of Fiduciary LawPart III. Economic Theory: Constructive and Critical Perspectives9. Robert H. Sitkoff: An Economic Theory of Fiduciary Law10. Daniel Markovits: Sharing Ex Ante and Ex Post: The Non-Contractual Basis of Fiduciary Relations11. Richard R.W. Brooks: Knowledge in Fiduciary Relations12. Tamar Frankel: How to Water Down Fiduciary Duties13. Henry Smith: Why Fiduciary Law is EquitablePart IV. Fiduciary Principles in Context: Private Law14. Michele Graziadei: Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions15. Martin Gelter and Genevieve Helleringer: Constituency Directors and Corporate Fiduciary Duties16. Deborah A. DeMott: The Fiduciary Character of Agency and the Interpretation of Instructions17. Avihay Dorfman: On Trust and Transubstantiation: Mitigating the Excesses of OwnershipPart V. Fiduciary Principles in Context: Public Law18. Evan Fox-Decent: Fiduciary Authority and the Service Conception19. Ethan J. Leib, David L. Ponet, and Michael Serota: Mapping Public Fiduciary Relationships20. Evan J. Criddle: A Sacred Trust of Civilization: Fiduciary Foundations of International Law

Editorial Reviews

"With the renewed interest in private law theory in the last decade, fiduciary obligations have emerged as an especially fertile area of study. As these obligations appear in so many areas of law - from corporate law to family law to the law of trusts - it can be it difficult to get a view ofthe whole. The chapters in Gold and Miller's volume provide just that. Individually, the contributions advance our understanding of fiduciary law in multiple directions. Taken together, they provide an excellent introduction to fiduciary law as a whole, to the various scholarly approaches tofiduciary obligations, and to the contemporary debates about their design, purpose and justification." --Gregory Klass, Professor of Law, Georgetown University Law Center