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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.
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
Although the questions of modernity and postmodernity are debated as frequently in the Caribbean as in other cultural zones, the Enlightenment--generally considered the origin of European modernity--is rarely discussed as such in the Caribbean context. Paul B. Miller constellates modern Caribbean writers of varying national and linguistic traditions whose common thread is their representation of the Enlightenment and the Age of Revolution in the Caribbean. In a comparative reading of such writers as Alejo Carpentier (Cuba), C. L. R. James (Trinidad), Marie Chauvet (Haiti), Maryse Conde (Guadeloupe), Reinaldo Arenas (Cuba), and Edgardo Rodriguez Julia (Puerto Rico), Miller shows how these authors deploy their historical imagination in order to assess and reevaluate the elusive and often conflicted origins of their own modernity. Miller documents the conceptual and ideological shift from an earlier generation of writers to a more recent one whose narrative strategies bear a strong resemblance to postmodern cultural practices, including the use of parody in targeting their discursive predecessors, the questioning of Enlightenment assumptions, and a suspicion regarding the dialectical unfolding of history as their precursors understood it. By positing the Cuban Revolution as a dividing line between the earlier generation and their postmodern successors, Miller confers a Caribbean specificity upon the commonplace notion of postmodernity. The dual advantage of Elusive Origins's thematic specificity coupled with its inclusiveness allows a reflection on canonical writers in conjunction with lesser-known figures. Furthermore, the inclusion of Francophone and Anglophone writers in addition to those from the Hispanic Caribbean opens up the volume geographically, linguistically, and nationally, expanding its contribution to a nonessentialist understanding of the Caribbean in a Latin American, Atlantic, and global context.
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.
"From Revolutionaries to Citizens" is the first comprehensive account of the most important antiwar campaign prior to World War I: the antimilitarism of the French Left. Covering the views and actions of socialists, trade unionists, and anarchists from the time of France's defeat by Prussia in 1870 to the outbreak of hostilities with Germany in 1914, Paul B. Miller tackles a fundamental question of prewar historiography: how did the most antimilitarist culture and society in Europe come to accept and even support war in 1914? Although more general accounts of the Left's "failure" to halt
international war in August 1914 focus on its lack of unity or the
decline of trade unionism, Miller contends that these explanations
barely scratch the surface when it comes to interpreting the Left's
overwhelming acceptance of the war. By embedding his cultural
analysis of antimilitarist propaganda into the larger political and
diplomatic history of prewar Europe, he reveals the Left's
seemingly sudden transformation "from revolutionaries to citizens"
as less a failure of resolve than a confession of commonality with
the broader ideals of republican France. Examining sources ranging
from police files and court records to German and British foreign
office memos, Miller emphasizes the success of antimilitarism as a
rallying cry against social and political inequities on behalf of
ordinary citizens. Despite their keen awareness of the bloodletting
that awaited Europe, he claims, antimilitarists ultimately accepted
the war with Germany for the same reason they had pursued their own
struggle within France: to address injustices and defend the rights
of citizens in a democratic society.
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