Fiduciary government / edited by Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, Paul B. Miller.
2018
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Details
Title
Fiduciary government / edited by Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim, Paul B. Miller.
Added Author
Criddle, Evan J., editor.
Fox-Decent, Evan, editor.
Gold, Andrew S., 1973- editor.
Kim, Sung Hui, 1968- editor.
Miller, Paul B. (Law teacher), editor.
Davis, Seth (R. Seth)
Fox-Decent, Evan, editor.
Gold, Andrew S., 1973- editor.
Kim, Sung Hui, 1968- editor.
Miller, Paul B. (Law teacher), editor.
Davis, Seth (R. Seth)
Imprint
Cambridge : Cambridge University Press, 2018.
Description
1 online resource (xi, 343 pages) : digital, PDF file(s)
Formatted Contents Note
Machine generated contents note: Introduction. Fiduciary Government: Provenance, Promise, and Pitfalls Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim and Paul B. Miller; Part I. Modes of Governance; 1. Fiduciary Representation Paul B. Miller; 2. Two Problems of Fiduciary Government D. Theodore Rave; 3. Guardians of Legal Order: The Dual Commissions of Public Fiduciaries Evan J. Criddle and Evan Fox-Decent; 4. Fiduciary Theory: The Missing Piece for Positive Rights Laura S. Underkuffler; Part II. Historical Approaches 5. "The State Is a Minor": Fiduciary Concepts of Government in the Roman Law of Guardianship Daniel Lee; 6. Fiduciary Government and Government Officers' Incentives Nicholas R. Parrillo; Part III. The Problem of Legitimacy; 7. Fiduciary Political Theory and Legitimacy Stephen R. Galoob and Ethan J. Leib; 8. The State as a Wrongful Fiduciary Andrew S. Gold; Part IV. Corruption and Breach of Trust; 9. The Supreme Court's Fiduciary Duty to Forgo Gifts Sung Hui Kim; 10. Congressional Officials and the Fiduciary Duty of Loyalty: Lessons from Corporate Law Donna M. Nagy; 11. The American Law of Local Officials as Fiduciaries: Lessons on Fiduciary Government's Potential and Limits Nadav Shoked; Part V. Skeptical Challenges; 12. Pluralism and the Public Trust Seth Davis; 13. The Public Trust Timothy Endicott.
Summary
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.
Note
Title from publisher's bibliographic system (viewed on 15 Nov 2018).
Location
www
Available in Other Form
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Language
English
ISBN
9781108155267 ebook
9781107194243 hardback
9781107194243 hardback
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Faculty authors
Electronic Resources
Faculty authors
Electronic Resources