Edited by D. G. Smith and Andrew S. Gold
Chapter 3: Fiduciary relationships, fiduciary law, and trust
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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