Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Derham on the Law of Set Off

Derham on the Law of Set Off

Price: £350.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION
The Law of Rights of Light 2nd ed



 Jonathan Karas


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Philosophical Foundations of Fiduciary Law

Edited by: Andrew S. Gold, Paul B. Miller

ISBN13: 9780198701729
Published: August 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £147.50
Paperback edition , ISBN13 9780198783343



Despatched in 10 to 12 days.

Also available as

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.

Subjects:
Equity and Trusts, Jurisprudence
Contents:
Introduction

PART I. FIDUCIARY RELATIONSHIPS
1. The Role of Status in the Law of Obligations: Lessons for Fiduciary Duties
2. Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent
3. The Fiduciary Relationship
4. Managing our Money: The Law of Financial Fiduciaries as a Private Law Institution

PART II. FIDUCIARY DUTIES
5. Fiduciary Loyalty as Kantian Virtue
6. Can We Be Obliged to Be Selfless?
7. Is Loyalty a Virtue, and Even If It Is, Does it Really Help Explain Fiduciary Liability?
8. The Loyalties of Fiduciary Law

PART III. ECONOMIC THEORY: CONSTRUCTIVE AND CRITICAL PERSPECTIVES
9. An Economic Theory of Fiduciary Law
10. Sharing Ex Ante and Ex Post: The Non-Contractual Basis of Fiduciary Relations
11. Knowledge in Fiduciary Relations
12. How to Water Down Fiduciary Duties
13. Why Fiduciary Law is Equitable

PART IV. FIDUCIARY PRINCIPLES IN CONTEXT: PRIVATE LAW
14. Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions
15. Constituency Directors and Corporate Fiduciary Duties
16. The Fiduciary Character of Agency and the Interpretation of Instructions
17. On Trust and Transubstantiation: Mitigating the Excesses of Ownership

PART V. FIDUCIARY PRINCIPLES IN CONTEXT: PUBLIC LAW
18. Fiduciary Authority and the Service Conception
19. Mapping Public Fiduciary Relationships
20. A Sacred Trust of Civilization: Fiduciary Foundations of International Law

Series: Philosophical Foundations of Law

Philosophical Foundations of Private International Law ISBN 9780192858771
Published June 2024
Oxford University Press
£140.00
Philosophical Foundations of Private International Law (eBook) ISBN 9780192674715
Published June 2024
Oxford University Press
£116.67
(ePub)
Buy
Philosophical Foundations of Precedent ISBN 9780192857248
Published April 2023
Oxford University Press
£140.00
Philosophical Foundations of Precedent (eBook) ISBN 9780192671561
Published April 2023
Oxford University Press
£116.99
(ePub)
Buy
Philosophical Foundations of Evidence Law ISBN 9780198859307
Published September 2021
Oxford University Press
£102.50
Philosophical Foundations of Evidence Law (eBook) ISBN 9780192603098
Published September 2021
Oxford University Press
£67.50
(ePub)
Buy
Philosophical Foundations of Constitutional Law ISBN 9780198754534
Published January 2019
Oxford University Press
£43.49
Philosophical Foundations of Labour Law ISBN 9780198825272
Published December 2018
Oxford University Press
£120.00
Philosophical Foundations of the Law of Torts
Edited by: John Oberdiek
ISBN 9780198824220
Published May 2018
Oxford University Press
£43.99
Philosophical Foundations of Children's and Family Law ISBN 9780198786429
Published March 2018
Oxford University Press
£120.00
Philosophical Foundations of The Nature of Law ISBN 9780198812951
Published November 2017
Oxford University Press
£41.49
Philosophical Foundations of Tax Law ISBN 9780198798439
Published February 2017
Oxford University Press
£115.00
Philosophical Foundations of Contract Law ISBN 9780198713029
Published October 2016
Oxford University Press
£49.99
Philosophical Foundations of Law and Neuroscience ISBN 9780198743095
Published July 2016
Oxford University Press
£99.00
Philosophical Foundations of Fiduciary Law ISBN 9780198783343
Published February 2016
Oxford University Press
£49.99
Philosophical Foundations of Constitutional Law ISBN 9780198754527
Published February 2016
Oxford University Press
£110.00
Philosophical Foundations of Human Rights ISBN 9780199688623
Published May 2015
Oxford University Press
£137.50
Philosophical Foundations of Human Rights (eBook) ISBN 9780191002915
Published April 2015
Oxford University Press
£52.50
(ePub)
Buy
Philosophical Foundations of Human Rights ISBN 9780199688630
Published April 2015
Oxford University Press
£74.00
Philosophical Foundations of Contract Law (eBook) ISBN 9780191022081
Published December 2014
Oxford University Press
£35.82
(ePub)
Buy
Philosophical Foundations of Contract Law ISBN 9780198713012
Published December 2014
Oxford University Press
£155.00
Philosophical Foundations of Fiduciary Law (eBook) ISBN 9780191005299
Published August 2014
Oxford University Press
£26.99
(ePub)
Buy
Philosophical Foundations of the Law of Torts (eBook)
Edited by: John Oberdiek
ISBN 9780191005084
Published March 2014
Oxford University Press
£30.82
(ePub)
Buy
Philosophical Foundations of the Law of Torts
Edited by: John Oberdiek
ISBN 9780198701385
Published March 2014
Oxford University Press
£120.00
Philosophical Foundations of Discrimination Law (eBook) ISBN 9780191641305
Published November 2013
Oxford University Press
£87.50
(ePub)
Buy
Philosophical Foundations of Discrimination Law ISBN 9780199664313
Published November 2013
Oxford University Press
£122.50
Philosophical Foundations of Property Law ISBN 9780199673582
Published November 2013
Oxford University Press
£125.00
Philosophical Foundations of Property Law (eBook) ISBN 9780191654534
Published November 2013
Oxford University Press
£87.50
(ePub)
Buy
Philosophical Foundations of The Nature of Law ISBN 9780199675517
Published March 2013
Oxford University Press
£140.00
Philosophical Foundations of The Nature of Law (eBook) ISBN 9780191665622
Published March 2013
Oxford University Press
£32.91
(ePub)
Buy
Philosophical Foundations of Criminal Law ISBN 9780199673674
Published January 2013
Oxford University Press
£56.00
Philosophical Foundations of Criminal Law (eBook) ISBN 9780191654701
Published January 2013
Oxford University Press
£44.17
(ePub)
Buy
Philosophical Foundations of Language in the Law ISBN 9780199673704
Published January 2013
Oxford University Press
£45.99
Philosophical Foundations of EU Law (eBook) ISBN 9780191652165
Published October 2012
Oxford University Press
£87.50
(ePub)
Buy
Philosophical Foundations of EU Law ISBN 9780199588770
Published October 2012
Oxford University Press
£105.00
Philosophical Foundations of Language in the Law ISBN 9780199572380
Published June 2011
Oxford University Press
£115.00
Philosophical Foundations of Language in the Law (eBook) ISBN 9780191654756
Published June 2011
Oxford University Press
£23.79
(ePub)
Buy
Philosophical Foundations of Criminal Law ISBN 9780199559152
Published March 2011
Oxford University Press
£127.50
Philosophical Foundations of the Law of Unjust Enrichment ISBN 9780199567751
Published March 2009
Oxford University Press
£127.50