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Fiduciaries and Trust: Ethics, Politics, Economics and Law

Edited by: Paul B. Miller, Matthew Harding

ISBN13: 9781108480420
Published: April 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £106.00
Paperback edition , ISBN13 9781108727389



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Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves.

  • Explores the fiduciary principle and trust from a range of disciplines and perspectives
  • Offers insights from discipline experts at the very top of their field, and also gives a sense of the scholarship to come
  • The collection explores a range of legal settings, from international law, to public law, to private law

Subjects:
Law and Economics
Contents:
Part I. Personal Trust and Fiduciary Relationships:
1. Fiduciary grounds and reasons
Paul Faulkner
2. Trust and advice
Andrew S. Gold
3. Contracts, fiduciary relationships, and trust
Matthew Harding
4. Trust, autonomy, and the fiduciary relationship
Carolyn McLeod and Emma Ryman
5. The psychology of trust and fiduciary obligations
Tess Wilkinson-Ryan
Part II. Personal Trust and Fiduciary Duties:
6. Stakeholder fiduciaries
Evan J. Criddle
7. Trustees and agents behaving badly: when and how is 'bad faith' relevant?
James E. Penner
8. Conflict, profit, bias, misuse of power: dimensions of governance
Lionel D. Smith
Part III. Personal Trust and Fiduciary Government:
9. Trust and authority
Evan Fox-Decent
10. The fiduciary crown: the private duties of public actors in state-indigenous relationships
Kirsty Gover and Nicole Roughan
11. Political (dis)trust and fiduciary government
Paul B. Miller
12. Trust, distrust, and the rule of law
Gerald J. Postema
Part IV. Trust and Fiduciary Law in Context:
13. For-profit managers as public fiduciaries: a neoclassical republican perspective
Robert E. Atkinson, Jr.
14. Fiduciary law and the preservation of trust in business relationships
Brian J. Broughman, Elizabeth Pollman and D. Gordon Smith
15. How much trust do trusts require?
Thomas P. Gallanis