Philosophical Foundations of Fiduciary Law

Andrew S. Gold, Professor, DePaul University College of Law,Paul B. Miller, McGill University Faculty of Law, Assistant Professor

Andrew Gold is a Professor at the DePaul University College of Law. His recent scholarship has focused on fiduciary theory, contract theory, civil recourse theory, and corrective justice. He has been a Visiting Scholar at Harvard Law School, and an HLA Hart Visiting Fellow at the University of Oxford. He is also a co-founder of the North American Workshop on Private Law Theory.


Paul B. Miller is Assistant Professor at the McGill University Faculty of Law. He is a philosopher of private law concentrating on fiduciary law, trusts, corporate law, and the law of unincorporated organizations. He formerly served as a law clerk to the Hon. Justice Ian Binnie of the Supreme Court of Canada and taught law at Queen's University. He is also a co-founder of the North American Workshop on Private Law Theory.

Introduction, Andrew S. Gold and Paul B. Miller
Part I. Fiduciary Relationships
1. The Role of Status in the Law of Obligations: Lessons for Fiduciary Duties, The Hon. Justice James Edelman
2. Ascribing and Limiting Fiduciary Obligations: Understanding the Operation of Consent, Joshua Getzler
3. The Fiduciary Relationship, Paul B. Miller
4. Managing our Money: The Law of Financial Fiduciaries as a Private Law Institution, Hanoch Dagan and Sharon Hannes
Part II. Fiduciary Duties
5. Fiduciary Loyalty as Kantian Virtue, Irit Samet
6. Can We Be Obliged to Be Selfless?, Lionel D. Smith
7. Is Loyalty a Virtue, and Even If It Is, Does it Really Help Explain Fiduciary Liability?, J.E. Penner
8. The Loyalties of Fiduciary Law, Andrew S. Gold
Part III. Economic Theory: Constructive and Critical Perspectives
9. An Economic Theory of Fiduciary Law, Robert H. Sitkoff
10. Sharing Ex Ante and Ex Post: The Non-Contractual Basis of Fiduciary Relations, Daniel Markovits
11. Knowledge in Fiduciary Relations, Richard R.W. Brooks
12. How to Water Down Fiduciary Duties, Tamar Frankel
13. Why Fiduciary Law is Equitable, Henry Smith
Part IV. Fiduciary Principles in Context: Private Law
14. Virtue and Utility: Fiduciary Law in Civil Law and Common Law Jurisdictions, Michele Graziadei
15. Constituency Directors and Corporate Fiduciary Duties, Martin Gelter and Genevieve Helleringer
16. The Fiduciary Character of Agency and the Interpretation of Instructions, Deborah A. DeMott
17. On Trust and Transubstantiation: Mitigating the Excesses of Ownership, Avihay Dorfman
Part V. Fiduciary Principles in Context: Public Law
18. Fiduciary Authority and the Service Conception, Evan Fox-Decent
19. Mapping Public Fiduciary Relationships, Ethan J. Leib, David L. Ponet, and Michael Serota
20. A Sacred Trust of Civilization: Fiduciary Foundations of International Law, Evan J. Criddle