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Andrew S. Gold

Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria, including: fit; coherence; morality; and transparency. This chapter will suggest that fiduciary law has important implications for two of these criteria in particular: the coherence criterion and the morality criterion. Changes in legal understandings of fiduciary obligations – particularly with the advent of economic analysis of law – suggest that fiduciary law may best be understood as locally coherent rather than globally coherent. In addition, while fiduciary loyalty may be understood in moral terms, there is reason for caution in adopting a morality criterion when interpreting the field.

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Edited by D. G. Smith and Andrew S. Gold

This content is available to you

Edited by D. G. Smith and Andrew S. Gold

You do not have access to this content

Edited by D. G. Smith and Andrew S. Gold

The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.