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Philosophical Foundations of the Law of Express Trusts

Edited by: Simone Degeling, Jessica Hudson, Irit Samet

ISBN13: 9780192844934
Published: November 2023
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £90.00



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The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap.

The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.

Subjects:
Equity and Trusts
Contents:
Express Trusts: Concepts, Justifications, and Boundaries, Simone Degeling, Jessica Hudson, and Irit Samet
1:Justificanda, Jessica Hudson and Charles Mitchell
2:Trusts, Property, and Rights, Ben McFarlane
3:The Settlor's Conscience, Sinéad Agnew
4:Trusts, Estates, and Personhood, Simon Douglas
5:Historical Conceptions of the Express Trust, c 1600-1900, David Foster
6:Express Trust: The Dark Horse of the Liberal Property Regime, Hanoch Dagan and Irit Samet
7:Freedom of Testamentary Disposition, Paul B. Miller
8:A Fresh Look at Purpose Trusts, Matthew Harding
9:Administrators as Trustees of Australian Class Action Settlements, Simone Degeling
10:Illegality, Tax in Another Jurisdiction, and an Express Trust, Ann Mumford