Abstract

http://ssrn.com/abstract=2320548
 


 



Mapping Public Fiduciary Relationships


Ethan J. Leib


Fordham University School of Law

David L. Ponet


United Nations

Michael Serota


Independent

September 4, 2013

The Philosophical Foundations of Fiduciary Law (Andrew Gold & Paul Miller eds., Oxford University Press, 2014), Forthcoming

Abstract:     
Fiduciary political theorists have neglected to explore sufficiently the difficulty of mapping fiduciary-beneficiary relationships in the public sphere. This oversight is quite surprising given that the proper mapping of fiduciary-beneficiary relationships in the private sphere is one of the most longstanding and strongly contested debates within corporate law. After decades of case law and scholarship directed towards the question of to whom do a corporation’s directors or managers serve as fiduciaries, private law theorists remain deeply divided. This debate within private law should be of perennial interest to public fiduciary theorists because the cartography of public fiduciary relationships is essential to operationalizing the project. After all, it is only through identifying the relevant fiduciary and beneficiary that one is able to determine the precise contours of the fiduciary framework’s ethical architecture. As such, loose mapping of fiduciary-beneficiary relationships in the public sphere precludes a clear understanding of whose interests are pertinent to the public fiduciary’s representation, and what the public fiduciary is to do when beneficiaries’ interests collide. The purpose of this chapter, then, is to explore the central debate in corporate law about fiduciary-beneficiary relationships to help translate fiduciary principles into public law configurations.

Number of Pages in PDF File: 18

Keywords: fiduciary law, political theory, shareholder-stakeholder debate, philosophical foundations of private law

Accepted Paper Series


Download This Paper

Date posted: September 4, 2013 ; Last revised: October 23, 2013

Suggested Citation

Leib, Ethan J. and Ponet, David L. and Serota, Michael, Mapping Public Fiduciary Relationships (September 4, 2013). The Philosophical Foundations of Fiduciary Law (Andrew Gold & Paul Miller eds., Oxford University Press, 2014), Forthcoming. Available at SSRN: http://ssrn.com/abstract=2320548

Contact Information

Ethan J. Leib (Contact Author)
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
David L. Ponet
United Nations ( email )
New York, NY 10017
United States
Michael Eli Serota
Independent ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 347
Downloads: 108
Download Rank: 147,289

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.297 seconds