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Philosophical Foundations of Fiduciary Law (Paperback)
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Philosophical Foundations of Fiduciary Law (Paperback)
Series: Philosophical Foundations of 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 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.
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