Research Handbook on Fiduciary Law
Show Less

Research Handbook on Fiduciary Law

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.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 2: Interpreting fiduciary law

Andrew S. Gold

Abstract

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.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.


Further information

or login to access all content.