Fiduciaries and Trust Ethics, Politics, Economics and Law

Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves.

Part I. Personal Trust and Fiduciary Relationships: 1. Fiduciary grounds and reasons Paul Faulkner; 2. Trust and advice Andrew S. Gold; 3. Contracts, fiduciary relationships, and trust Matthew Harding; 4. Trust, autonomy, and the fiduciary relationship Carolyn McLeod and Emma Ryman; 5. The psychology of trust and fiduciary obligations Tess Wilkinson-Ryan; Part II. Personal Trust and Fiduciary Duties: 6. Stakeholder fiduciaries Evan J. Criddle; 7. Trustees and agents behaving badly: when and how is 'bad faith' relevant? James E. Penner; 8. Conflict, profit, bias, misuse of power: dimensions of governance Lionel D. Smith; Part III. Personal Trust and Fiduciary Government: 9. Trust and authority Evan Fox-Decent; 10. The fiduciary crown: the private duties of public actors in state-indigenous relationships Kirsty Gover and Nicole Roughan; 11. Political (dis)trust and fiduciary government Paul B. Miller; 12. Trust, distrust, and the rule of law Gerald J. Postema; Part IV. Trust and Fiduciary Law in Context: 13. For-profit managers as public fiduciaries: a neoclassical republican perspective Robert E. Atkinson, Jr.; 14. Fiduciary law and the preservation of trust in business relationships Brian J. Broughman, Elizabeth Pollman and D. Gordon Smith; 15. How much trust do trusts require? Thomas P. Gallanis.

Paul B. Miller is Professor and Associate Dean for International and Graduate Programs, and Director of the Notre Dame Program on Private Law, Notre Dame Law School, Indiana. He is a leading private law theorist specializing in fiduciary law, the law of trusts, and corporate law. His other books include Philosophical Foundations of Fiduciary Law (with Andrew S. Gold, 2014), The Oxford Handbook of Fiduciary Law (with Evan J. Criddle and Robert H. Sitkoff, 2019), and Civil Wrongs and Justice in Private Law (with John Oberdiek, 2020).
Matthew Harding is Professor and Deputy Dean at Melbourne Law School, University of Melbourne. He is one of the world's leading experts on fiduciary law and on trust. He has published extensively in both areas. More generally, he is considered a leading authority on equity and trusts, and the law of charity.