Philosophical Foundations of Fiduciary Law (inbunden)
Inbunden (Hardback)
Antal sidor
OUP Oxford
Miller, Paul B.
249 x 175 x 33 mm
953 g
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Philosophical Foundations of Fiduciary Law (inbunden)

Philosophical Foundations of Fiduciary Law

Inbunden Engelska, 2014-08-14
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Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.
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Daniel J Carr, University of Edinburgh, Edinburgh Law Review This edited collection brings together a number of leading scholars, one might say an all-star cast, to consider an area of law which, in recent years, has become increasingly topical. The editors are also admirably ambitious for the book, believing that it will set the agenda for philosophical study of fiduciary law for generations to come. Only the passage of time can vindicate that claim; but the coverage and quality of the collection go a long way to
justifying such an expectation.

Övrig information

Andrew S. Gold, Professor, DePaul University College of Law, Paul B. Miller, McGill University Faculty of Law, Assistant Professor Andrew Gold is a Professor at the 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 Visiting Fellow at the University of Oxford. He is also a co-founder of the North American Workshop on Private Law Theory. Paul B. Miller is Assistant Professor at the McGill University Faculty of Law. He is a philosopher of private law concentrating on fiduciary law, trusts, corporate law, and the law of unincorporated organizations. He formerly served as a law clerk to the Hon. Justice Ian Binnie of the Supreme Court of Canada and taught law at Queen's University. He is also a co-founder of the North American Workshop on Private Law Theory.


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