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Rumford Market and the Genesis of Fiduciary Obligations

Joshua Getzler

in Mapping the Law: Essays in Memory of Peter Birks

Published in print:
2006
Published Online:
January 2009
ISBN:
9780199206551
eISBN:
9780191705397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199206551.003.0032
Subject:
Law, Human Rights and Immigration, Philosophy of Law

Peter Birks's writings on English legal history, which stand alongside his studies of classical Roman law, are a model for historians of the law. His rationalization of the modern law of unjust ... More


Fiduciary Law as Equity’s Child

Irit Samet

in Equity: Conscience Goes to Market

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.003.0003
Subject:
Law, Philosophy of Law

This chapter challenges the argument that one of Equity’s most distinctive doctrines, fiduciary law, must be fused with a common law doctrine—the law of contract. In particular, it highlights the ... More


The Fiduciary Relationship

Paul B. Miller

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0004
Subject:
Law, Philosophy of Law, Law of Obligations

Fiduciary law is rife with references to fiduciary relationships. Most notably, the attribution of fiduciary duties turns on the existence of a “fiduciary relationship.” But does private law admit of ... More


Introduction

Paul B Miller and Andrew S Gold

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0001
Subject:
Law, Company and Commercial Law

This introduction outlines contributors’ key contributions, while also providing analysis of the background literature on contract, status, and fiduciary law. The contributions to this book ... More


The Idea of Status in Fiduciary Law

Paul B Miller

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0002
Subject:
Law, Company and Commercial Law

Much of fiduciary law is built upon status-based characterization of fiduciary relationships. Thus most fiduciary relationships—indeed, all relationships that we think of as being inherently ... More


The Loyalties of Fiduciary Law

Andrew S Gold

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0009
Subject:
Law, Philosophy of Law, Law of Obligations

Fiduciary theorists cannot agree on the minimum content of fiduciary loyalty. Some think that loyalty requires the avoidance of conflicts of interest. Others think that loyalty requires a fiduciary ... More


Why Fiduciary Law Is Equitable

Henry E Smith

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0014
Subject:
Law, Philosophy of Law, Law of Obligations

Like general equity, out of which it grew, fiduciary law is celebrated as unbound by rules and deplored as unprincipled. This chapter argues that a functional theory of equity—of equity as aimed at ... More


The Deed, Not the Motive: Fiduciary Law Without Loyalty

Stephen A Smith

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0010
Subject:
Law, Company and Commercial Law

This chapter criticizes the conventional view that loyalty lies at the heart of fiduciary law. What matters in fiduciary relationships, I argue, is that fiduciaries fulfill their mandates (e.g. ... More


Contract, Consent, and Fiduciary Relationships

Lionel D Smith

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0006
Subject:
Law, Company and Commercial Law

What is the relationship between contract and fiduciary obligations? This chapter shows that they are distinct juridical concepts and presents a best understanding of the relationship between these ... More


In Code(rs) We Trust: Software Developers as Fiduciaries in Public Blockchains

Angela Walch

in Regulating Blockchain: Techno-Social and Legal Challenges

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198842187
eISBN:
9780191878206
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198842187.003.0004
Subject:
Law, Intellectual Property, IT, and Media Law, Company and Commercial Law

This chapter addresses the myth of ‘decentralized governance’ of public blockchains, arguing that certain people who create, operate, or reshape them function much like fiduciaries of those who rely ... More


Theory and Rationale

Rosemary Teele Langford

in Company Directors’ Duties and Conflicts of Interest

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198813668
eISBN:
9780191927980
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198813668.003.0002
Subject:
Law, Company and Commercial Law

This chapter critically examines the theoretical underpinnings of fiduciary law and of company law, presenting the rationale of conflicts regulation within that landscape. This is important given ... More


Firms and Fiduciaries

D Gordon Smith

in Contract, Status, and Fiduciary Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.003.0013
Subject:
Law, Company and Commercial Law

Economists who study the theory of the firm strive to draw a line between firms and markets. This line corresponds to the line lawyers draw between fiduciary and nonfiduciary relationships. The ... More


Is Loyalty a Virtue, and Even If It Is, Does It Really Help Explain Fiduciary Liability?

J E Penner

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0008
Subject:
Law, Philosophy of Law, Law of Obligations

A duty of loyalty is often said to be the defining characteristic of the fiduciary relationship, but an examination of the concept of loyalty shows that it is best conceived as a negative virtue, ... More


Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions

Michele Graziadei

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0015
Subject:
Law, Philosophy of Law, Law of Obligations

Markets have a moral effect, and commerce creates a new social environment. This historical and comparative study of fiduciary law and contract law reveals a tension between an expanding market, and ... More


A Sacred Trust of Civilization: Fiduciary Foundations of International Law

Evan J Criddle

in Philosophical Foundations of Fiduciary Law

Published in print:
2014
Published Online:
October 2014
ISBN:
9780198701729
eISBN:
9780191771552
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198701729.003.0021
Subject:
Law, Philosophy of Law, Law of Obligations

This chapter challenges the view that the international community’s “responsibility to protect” constitutes a moral or political ideal without a well-established foundation in international law. The ... More


Contract, Status, and Fiduciary Law

Paul B. Miller and Andrew S. Gold (eds)

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198779193
eISBN:
9780191824364
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198779193.001.0001
Subject:
Law, Company and Commercial Law

Contract, Status, and Fiduciary Law is the first book of its kind, bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and ... More


Powers of Attorney, Strictly Speaking

Gino Dal Pont

in Agency Law in Commercial Practice

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198738473
eISBN:
9780191821233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198738473.003.0012
Subject:
Law, Company and Commercial Law

This chapter seeks to identify and explain where the power of attorney fits within the taxonomy of the broader law of agency. It therefore identifies where agency law and powers of attorney intersect ... More


Civil Wrongs and Justice in Private Law

Paul B. Miller and John Oberdiek (eds)

Published in print:
2020
Published Online:
July 2020
ISBN:
9780190865269
eISBN:
9780190865290
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190865269.001.0001
Subject:
Law, Criminal Law and Criminology

Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust ... More


Conclusion

Irit Samet

in Equity: Conscience Goes to Market

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.003.0005
Subject:
Law, Philosophy of Law

In this concluding chapter I discuss some findings from the analysis of three of Equity’s fundamental doctrines we explored: fiduciary law, proprietary estoppel, and clean hands. I wish to highlight ... More


Equity: Conscience Goes to Market

Irit Samet

Published in print:
2018
Published Online:
February 2019
ISBN:
9780198766773
eISBN:
9780191821042
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198766773.001.0001
Subject:
Law, Philosophy of Law

The Law of Equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. This book explores the general principles that underlie Equity’s intervention ... More


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