Readership: Scholars and advanced students of philosophy of law and political philosophy, lawyers and legal scholars engaged in the foundations of private law.
Edited by Andrew S. Gold, Professor, DePaul University College of Law, and 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.
"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 âset the agenda for philosophical study of fiduciary law for generations to comeâ. 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." - Daniel J Carr, University of Edinburgh, Edinburgh Law Review
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