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Sunday, July 6, 2014

Article on Trust and Fiduciary Law

Matthew_Harding

Matthew Harding (University of Melbourne Law School) recently published an article entitled, Trust and Fiduciary Law (June 17, 2014) Oxford Journal of Legal Studies, Vol. 33 No. 1, 2013; U. of Melbourne Legal Studies Research Paper No. 686.  Provided below is the abstract from SSRN:

How can it be that the fiduciary relationship has trust at its core if trust is neither a necessary nor a sufficient condition for the existence of such a relationship? My aim in this article is to make some arguments that I think might assist in solving that puzzle. First, I argue that fiduciary relationships are likely to be characterized by relatively ‘thick’ interpersonal trust. Secondly, I argue that moral duties referring to trust play a role in the justification of fiduciary duties, but that the role of trust in the underlying moral duties is contingent, yielding only a contingent connection between trust and fiduciary duties. Finally, I argue that a goal of fiduciary law should be enabling and supporting trusting relationships, but that this goal should be viewed within a broader liberal outlook according to which fiduciary law also enables and supports relationships on terms of detachment.

http://lawprofessors.typepad.com/trusts_estates_prof/2014/07/article-on-trust-and-fiduciary-law.html

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