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Fiduciaries and trust : ethics, politics, economics and law

Fiduciaries and trust : ethics, politics, economics and law

Material type
단행본
Personal Author
Miller, Paul B., (Law teacher), editor. Harding, Matthew, 1974-, editor.
Corporate Author
University of Melbourne. Law School, host institution.
Title Statement
Fiduciaries and trust : ethics, politics, economics and law / edited by Paul B. Miller, University of Notre Dame, Indiana [and] Matthew Harding, University of Melbourne.
Publication, Distribution, etc
Cambridge, UK ;   New York, NY, USA :   Cambridge University Press,   2020.  
Physical Medium
xi, 343 p. ; 26 cm.
ISBN
9781108480420 (hardback) 9781108727389 (paperback) 9781108616225 (epub)
요약
"We begin with two bibliographical observations. First, scholarly interest in trust is no recent phenomenon, but lately there has been a flowering of academic literature studying numerous dimensions of trust from the standpoints of philosophy, economics, sociology and psychology. The depth and richness of this literature is impressive but hardly surprising, given that trust itself is a notoriously complex, elusive, and fact-specific phenomenon. Secondly, scholarly interest in the fiduciary principle that plays such a central role in common law legal systems with a tradition of equity was scarce until the late twentieth century. However, that situation has most definitely changed (for the better), and we now enjoy an abundance of scholarship exploring the fiduciary principle in private law. Moreover, there is a growing body of work exploring ideas of fiduciary government and international law. Scholars are puzzling over fiduciaries and trust as never before. Given this, one might expect to see a flourishing of academic interest in the relation of fiduciaries and trust, especially as it is often assumed or asserted that such a relation exists and that it has descriptive or normative significance for fiduciary law and practice. Yet this is not the case. Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. Our contributors 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"--
General Note
Includes index.  
Content Notes
Introduction / Paul B. Miller & Matthew Harding -- Fiduciary Grounds and Reasons / Paul Faulkner -- Trust and Advice / Andrew S. Gold -- Contracts, Fiduciary Relationships, and Trust / Matthew Harding -- Trust, Autonomy, and the Fiduciary Relationship / Carolyn McLeod and Emma Ryman -- The Psychology of Trust and Fiduciary Obligations / Tess Wilkinson-Ryan -- Stakeholder Fiduciaries / Evan J. Criddle -- Trustees and Agents Behaving Badly : When and How is 'Bad Faith' Relevant? / James E. Penner -- Conflict, Profit, Bias, Misuse of Power: Dimensions of Governance / Lionel D. Smith -- Trust and Authority / Evan Fox-Decent -- The Fiduciary Crown : The Private Duties of Public Actors in State-Indigenous Relationships / Kirsty Gover and Nicole Roughan -- Political (Dis)Trust and Fiduciary Government / Paul B. Miller -- Trust, Distrust, and the Rule of Law / Gerald J. Postema -- For-Profit Managers as Public Fiduciaries : A Neoclassical Republican -- Perspective / Robert E. Atkinson, Jr. -- Fiduciary Law and the Preservation of Trust in Business Relationships / -- Brian J. Broughman, Elizabeth Pollman, and D. Gordon Smith -- How Much Trust Do Trusts Require? / Thomas P. Gallanis
Subject Added Entry-Topical Term
Trusts and trustees --English-speaking countries --Congresses.
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008 210510s2020 enk 101 0 eng
010 ▼a 2019048223
020 ▼a 9781108480420 (hardback)
020 ▼a 9781108727389 (paperback)
020 ▼a 9781108616225 (epub)
035 ▼a (KERIS)REF000019150373
040 ▼a DLC ▼b eng ▼e rda ▼c DLC ▼d 211009
042 ▼a pcc
050 0 0 ▼a K795.A6 ▼b F53 2018
082 0 0 ▼a 346.05/9 ▼2 23
084 ▼a 346.059 ▼2 DDCK
090 ▼a 346.059 ▼b F451
245 0 0 ▼a Fiduciaries and trust : ▼b ethics, politics, economics and law / ▼c edited by Paul B. Miller, University of Notre Dame, Indiana [and] Matthew Harding, University of Melbourne.
260 ▼a Cambridge, UK ; ▼a New York, NY, USA : ▼b Cambridge University Press, ▼c 2020.
264 1 ▼a Cambridge, United Kingdom ; ▼a New York, NY, USA : ▼b Cambridge University Press, ▼c 2020.
300 ▼a xi, 343 p. ; ▼c 26 cm.
336 ▼a text ▼b txt ▼2 rdacontent
337 ▼a unmediated ▼b n ▼2 rdamedia
338 ▼a volume ▼b nc ▼2 rdacarrier
500 ▼a Includes index.
505 0 ▼a Introduction / Paul B. Miller & Matthew Harding -- Fiduciary Grounds and Reasons / Paul Faulkner -- Trust and Advice / Andrew S. Gold -- Contracts, Fiduciary Relationships, and Trust / Matthew Harding -- Trust, Autonomy, and the Fiduciary Relationship / Carolyn McLeod and Emma Ryman -- The Psychology of Trust and Fiduciary Obligations / Tess Wilkinson-Ryan -- Stakeholder Fiduciaries / Evan J. Criddle -- Trustees and Agents Behaving Badly : When and How is 'Bad Faith' Relevant? / James E. Penner -- Conflict, Profit, Bias, Misuse of Power: Dimensions of Governance / Lionel D. Smith -- Trust and Authority / Evan Fox-Decent -- The Fiduciary Crown : The Private Duties of Public Actors in State-Indigenous Relationships / Kirsty Gover and Nicole Roughan -- Political (Dis)Trust and Fiduciary Government / Paul B. Miller -- Trust, Distrust, and the Rule of Law / Gerald J. Postema -- For-Profit Managers as Public Fiduciaries : A Neoclassical Republican -- Perspective / Robert E. Atkinson, Jr. -- Fiduciary Law and the Preservation of Trust in Business Relationships / -- Brian J. Broughman, Elizabeth Pollman, and D. Gordon Smith -- How Much Trust Do Trusts Require? / Thomas P. Gallanis
520 ▼a "We begin with two bibliographical observations. First, scholarly interest in trust is no recent phenomenon, but lately there has been a flowering of academic literature studying numerous dimensions of trust from the standpoints of philosophy, economics, sociology and psychology. The depth and richness of this literature is impressive but hardly surprising, given that trust itself is a notoriously complex, elusive, and fact-specific phenomenon. Secondly, scholarly interest in the fiduciary principle that plays such a central role in common law legal systems with a tradition of equity was scarce until the late twentieth century. However, that situation has most definitely changed (for the better), and we now enjoy an abundance of scholarship exploring the fiduciary principle in private law. Moreover, there is a growing body of work exploring ideas of fiduciary government and international law. Scholars are puzzling over fiduciaries and trust as never before. Given this, one might expect to see a flourishing of academic interest in the relation of fiduciaries and trust, especially as it is often assumed or asserted that such a relation exists and that it has descriptive or normative significance for fiduciary law and practice. Yet this is not the case. Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. Our contributors 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"-- ▼c Provided by publisher.
650 0 ▼a Trusts and trustees ▼z English-speaking countries ▼v Congresses.
700 1 ▼a Miller, Paul B., ▼c (Law teacher), ▼e editor.
700 1 ▼a Harding, Matthew, ▼d 1974-, ▼e editor.
710 2 ▼a University of Melbourne. ▼b Law School, ▼e host institution.
711 2 ▼a Fiduciaries and trust (Conference) ▼d (2018 : ▼c University of Melbourne, Law School).
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 346.059 F451 Accession No. 111848556 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of 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.

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