Philosophical foundations of fiduciary law / edited by Andrew S Gold and Paul B Miller.

Format:

Book

Contributor:

Gold, Andrew S., 1973- editor.

Miller, Paul B. (Law teacher), editor.

Series:

Philosophical foundations of law

Language:

English

Subjects (All):

Trusts and trustees--Philosophy.

Trusts and trustees.

Philosophy.

Physical Description:

xii, 436 pages ; 26 cm.

Edition:

First edition.

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2014.

Summary:

The Philosophical Foundations of Law series aims to develop work at the intersection of legal philosophy and doctrinal law. Volumes in the series gather leading philosophers and lawyers to present original work on the theoretical foundations of substantive areas of law, or central topics in legal philosophy. Together, the essays provide a roadmap of current philosophical work in the field to lawyers and philosophers looking for high quality new work and provide a stimulus for further research by specialists in the area. Book jacket.

Contents:

The role of status in the law of obligations : lessons for fiduciary duties / The Hon. Justice James Edelman

Ascribing and limiting fiduciary obligations : understanding the operation of consent / Joshua Getzler

The fiduciary relationship / Paul B. Miller

Managing our money : the law of financial fiduciaries as a private law institution / Hanoch Dagan and Sharon Hannes

Fiduciary loyalty as Kantian virtue / Irit Samet

Can we be obliged to be selfless? / Lionel D. Smith

Is loyalty a virtue, and even if it is, does it really help explain fiduciary liability? / J.E. Penner

The loyalties of fiduciary law / Andrew S. Gold

An economic theory of fiduciary law / Robert H. Sitkoff

Sharing ex ante and ex post : the non-contractual basis of fiduciary relations / Daniel Markovits

Knowledge in fiduciary relations / Richard R.W. Brooks

How to water down fiduciary duties / Tamar Frankel

Why fiduciary law is equitable / Henry Smith

Virtue and utility : fiduciary law in civil law and common law jurisdictions / Michele Graziadei

Constituency directors and corporate fiduciary duties / Martin Gelter and Geneviève Helleringer

The fiduciary character of agency and the interpretation of instructions / Deborah A. DeMott

On trust and transubstantiation : mitigating the excesses of ownership / Avihay Dorfman

Fiduciary authority and the service conception / Evan Fox-Decent

Mapping public fiduciary relationships / Ethan J. Leib, David L. Ponet, and Michael Serota

A sacred trust of civilization : fiduciary foundations of international law / Evan J. Criddle.

Notes:

Includes bibliographical references and index.

ISBN:

9780198701729

0198701721

OCLC:

876680650

Online:

Contributor biographical information

Publisher description