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Philosophical Foundations of Fiduciary Law

Philosophical Foundations of Fiduciary Law

Name: Philosophical Foundations of Fiduciary Law
Brand: Oxford University Press
SKU: 9780198783343
Price: 706.16 HKD
Availability: InStock
Author: Andrew S. Gold; Paul B. Miller
ISBN: 9780198783343

Edited by Andrew S. Gold · Paul B. Miller

Oxford University Press February 2016

Specifications

ISBN-13: 9780198783343
Publisher: Oxford University Press
Publication: February 2016
Format: Paperback , 448 pages
Jurisdiction: U.K. ? Countri(es) for reference only

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The first collection of philosophical essays examining the foundations of fiduciary law, a major branch of private law
Addresses key questions of legal, moral and political philosophy, including principles of natural justice in international law and the conditions of legitimate exercise of state authority
Sheds light on a foundational, critical field of law, establishing directions for future scholarship

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.

Readership: Scholars and advanced students of philosophy of law and political philosophy, lawyers and legal scholars engaged in the foundations of private law.

Andrew S. Gold and Paul B. Miller: Introduction
Part I. Fiduciary Relationships
1: The Hon. Justice James Edelman: The Role of Status in the Law of Obligations: Lessons for Fiduciary Duties
2: Joshua Getzler: Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent
3: Paul B. Miller: The Fiduciary Relationship
4: Hanoch Dagan and Sharon Hannes: Managing our Money: The Law of Financial Fiduciaries as a Private Law Institution
Part II. Fiduciary Duties
5: Irit Samet: Fiduciary Loyalty as Kantian Virtue
6: Lionel D. Smith: Can We Be Obliged to Be Selfless?
7: J.E. Penner: Is Loyalty a Virtue, and Even If It Is, Does it Really Help Explain Fiduciary Liability?
8: Andrew S. Gold: The Loyalties of Fiduciary Law
Part III. Economic Theory: Constructive and Critical Perspectives
9: Robert H. Sitkoff: An Economic Theory of Fiduciary Law
10: Daniel Markovits: Sharing Ex Ante and Ex Post: The Non-Contractual Basis of Fiduciary Relations
11: Richard R.W. Brooks: Knowledge in Fiduciary Relations
12: Tamar Frankel: How to Water Down Fiduciary Duties
13: Henry Smith: Why Fiduciary Law is Equitable
Part IV. Fiduciary Principles in Context: Private Law
14: Michele Graziadei: Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions
15: Martin Gelter and Geneviève Helleringer: Constituency Directors and Corporate Fiduciary Duties
16: Deborah A. DeMott: The Fiduciary Character of Agency and the Interpretation of Instructions
17: Avihay Dorfman: On Trust and Transubstantiation: Mitigating the Excesses of Ownership
Part V. Fiduciary Principles in Context: Public Law
18: Evan Fox-Decent: Fiduciary Authority and the Service Conception
19: Ethan J. Leib, David L. Ponet, and Michael Serota: Mapping Public Fiduciary Relationships
20: Evan J. Criddle: A Sacred Trust of Civilization: Fiduciary Foundations of International Law

About the Author

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.

Contributors:
Richard R.W. Brooks is the Charles Keller Beekman Professor of Law at Columbia Law School.
Evan J. Criddle is Professor of Law at William & Mary Law School.
Hanoch Dagan is the Stewart and Judy Colton Chair in Legal Theory and Innovation and former Dean of the Tel-Aviv University Faculty of Law.
Deborah A. DeMott is the David F. Cavers Professor of Law at Duke Law School.
Evan Fox-Decent is Associate Professor of Law at the McGill University Faculty of Law.
Avihay Dorfman is Senior Lecturer in Law at the Tel-Aviv University Faculty of Law.
The Hon. Justice James Edelman is a Justice of the Supreme Court of Western Australia and former Professor of the Law of Obligations at the University of Oxford Faculty of Law.
Tamar Frankel is Professor of Law and Michaels Faculty Research Scholar at the Boston University School of Law.
Martin Gelter is Associate Professor of Law at Fordham Law School.
Joshua Getzler is Professor of Law and Legal History at the University of Oxford Faculty of Law.
Andrew S. Gold is Professor of Law at the DePaul University College of Law.
Michele Graziadei is Professor of Law at the University of Turin Faculty of Law.
Sharon Hannes is Professor of Law and Director of the Cegla Center for Interdisciplinary Research at the Tel-Aviv University Faculty of Law.
Geneviève Helleringer is Associate Professor in the Department of Public and Private Policy at Essec Business School, and Fellow at the Institute of European and Comparative Law, Oxford University.
Ethan J. Leib is Professor of Law at Fordham Law School.
Daniel Markovits is the Guido Calabresi Professor of Law at Yale Law School.
Paul B. Miller is Assistant Professor of Law at the McGill University Faculty of Law.
J.E. Penner is Professor of Law at the National University of Singapore Faculty of Law.
David L. Ponet is a Parliamentary Specialist at UNICEF.
Irit Samet is a Senior Lecturer in the Dickson Poon School of Law at King's College London.
Michael Serota is a Criminal Code Reform Attorney in the United States.
Robert H. Sitkoff is the John L. Gray Professor of Law at Harvard Law School.
Henry E. Smith is the Fessenden Professor of Law and Director of the Project on the Foundations of Private Law at Harvard Law School.
Lionel D. Smith is James McGill Professor of Law and Director of the Paul-André Crépeau Centre for Private and Comparative Law at the McGill University Faculty of Law.