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Vol 21 No 10 Oct/Nov 2016

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Philosophical Foundations of Fiduciary Law

Edited by: Andrew S. Gold, Paul B. Miller

ISBN13: 9780198783343
Published: February 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2014)
Price: £29.95
Hardback edition , ISBN13 9780198701729



In stock.

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.

Subjects:
Equity and Trusts, Jurisprudence
Contents:
Introduction

PART I. FIDUCIARY RELATIONSHIPS
1. The Role of Status in the Law of Obligations: Lessons for Fiduciary Duties
2. Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent
3. The Fiduciary Relationship
4. Managing our Money: The Law of Financial Fiduciaries as a Private Law Institution

PART II. FIDUCIARY DUTIES
5. Fiduciary Loyalty as Kantian Virtue
6. Can We Be Obliged to Be Selfless?
7. Is Loyalty a Virtue, and Even If It Is, Does it Really Help Explain Fiduciary Liability?
8. The Loyalties of Fiduciary Law

PART III. ECONOMIC THEORY: CONSTRUCTIVE AND CRITICAL PERSPECTIVES
9. An Economic Theory of Fiduciary Law
10. Sharing Ex Ante and Ex Post: The Non-Contractual Basis of Fiduciary Relations
11. Knowledge in Fiduciary Relations
12. How to Water Down Fiduciary Duties
13. Why Fiduciary Law is Equitable

PART IV. FIDUCIARY PRINCIPLES IN CONTEXT: PRIVATE LAW
14. Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions
15. Constituency Directors and Corporate Fiduciary Duties
16. The Fiduciary Character of Agency and the Interpretation of Instructions
17. On Trust and Transubstantiation: Mitigating the Excesses of Ownership

PART V. FIDUCIARY PRINCIPLES IN CONTEXT: PUBLIC LAW
18. Fiduciary Authority and the Service Conception
19. Mapping Public Fiduciary Relationships
20. A Sacred Trust of Civilization: Fiduciary Foundations of International Law

Series: Philosophical Foundations of Law

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Philosophical Foundations of Contract Law ISBN 9780198713012
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Philosophical Foundations of Fiduciary Law ISBN 9780198701729
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Philosophical Foundations of Language in the Law ISBN 9780199572380
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£56.00
Philosophical Foundations of Criminal Law ISBN 9780199559152
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£89.00
Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
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