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Edited by Matthew Harding

This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
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Matthew Harding

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Matthew Harding

Chapter 3 explores some lines of inquiry raised by the topic of fiduciary relationships, fiduciary law, and trust. I pursue three lines of inquiry about fiduciary relationships and fiduciary law, with reference to trust. First, I explore how trust might figure in our understanding of the law’s aims in relation to the formation of fiduciary relationships. Secondly, I consider to what extent trust is an essential or central incident of fiduciary relationships, as has so often been claimed. Thirdly, I set out some thoughts on whether trust plays a role – and, if so, what precisely that role might be – in the justification of the norms of fiduciary law. Throughout, my aim is to draw out the possible implications of my analysis for the design and operation of fiduciary law.

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Luis Jimenez, Matthew C. Harding and Michael Lintell