Full Description
Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves.
Contents
Part I. Personal Trust and Fiduciary Relationships: 1. Fiduciary grounds and reasons Paul Faulkner; 2. Trust and advice Andrew S. Gold; 3. Contracts, fiduciary relationships, and trust Matthew Harding; 4. Trust, autonomy, and the fiduciary relationship Carolyn McLeod and Emma Ryman; 5. The psychology of trust and fiduciary obligations Tess Wilkinson-Ryan; Part II. Personal Trust and Fiduciary Duties: 6. Stakeholder fiduciaries Evan J. Criddle; 7. Trustees and agents behaving badly: when and how is 'bad faith' relevant? James E. Penner; 8. Conflict, profit, bias, misuse of power: dimensions of governance Lionel D. Smith; Part III. Personal Trust and Fiduciary Government: 9. Trust and authority Evan Fox-Decent; 10. The fiduciary crown: the private duties of public actors in state-indigenous relationships Kirsty Gover and Nicole Roughan; 11. Political (dis)trust and fiduciary government Paul B. Miller; 12. Trust, distrust, and the rule of law Gerald J. Postema; Part IV. Trust and Fiduciary Law in Context: 13. For-profit managers as public fiduciaries: a neoclassical republican perspective Robert E. Atkinson, Jr.; 14. Fiduciary law and the preservation of trust in business relationships Brian J. Broughman, Elizabeth Pollman and D. Gordon Smith; 15. How much trust do trusts require? Thomas P. Gallanis.
