Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, October 11, 2024

Article: Trust Law and Colonialism

Masayuki Tamaruya (University of Tokyo) recently published, Trust Law and Colonialism, 2024. Provided below is an Abstract:

This chapter examines the evolution of trust law through the lens of colonialism, tracing its roots from the English Court of Chancery to its adoption in diverse jurisdictions worldwide. While trust law has been shaped by various factors such as legal traditions, judicial attitudes, and economic conditions, colonial history has played a significant yet often overlooked role. The chapter explores how the establishment of British colonies and the arrival of English settlers impacted local trust laws, while also highlighting how independence from colonial rule or resistance to colonial pressures could profoundly influence legal developments. It delves into the broader context of colonial rivalry, particularly between Britain and France, and how these dynamics shaped the evolution of trust law. By analyzing the interplay between colonialism and trust law across the British Empire, the Americas, and Asia, this chapter reveals the enduring influence of colonial legacies on global trust law practices.

https://lawprofessors.typepad.com/trusts_estates_prof/2024/10/article-trust-law-and-colonialism.html

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