Fiduciary Government

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Fiduciary Government

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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.

Introduction. Fiduciary government: provenance, promise, and pitfalls Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim and Paul B. Miller

Part I. Modes of Governance:

1. Fiduciary representation Paul B. Miller

2. Two problems of fiduciary government D. Theodore Rave

3. Guardians of legal order: the dual commissions of public fiduciaries Evan J. Criddle and Evan Fox-Decent

4. Fiduciary theory: the missing piece for positive rights Laura S. Underkuffler

Part II. Historical Approaches:

5. 'The state is a minor': fiduciary concepts of government in the Roman law of guardianship Daniel Lee

6. Fiduciary government and government officers' incentives Nicholas R. Parrillo

Part III. The Problem of Legitimacy:

7. Fiduciary political theory and legitimacy Stephen R. Galoob and Ethan J. Leib

8. The state as a wrongful fiduciary Andrew S. Gold

Part IV. Corruption and Breach of Trust: