Interpreting Fiduciary Law

Forthcoming, in Research Handbook on Fiduciary Law (D. Gordon Smith & Andrew S. Gold, eds.) (Edward Elgar Publishing)

24 Pages Posted: 1 Jun 2017

See all articles by Andrew S. Gold

Andrew S. Gold

University of California, Irvine School of Law

Date Written: May 29, 2017

Abstract

Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria, including: fit, coherence, morality, and transparency. I will suggest that fiduciary law has important implications for two of these criteria in particular: the coherence criterion and the morality criterion.

Keywords: Fiduciary, private law theory, corporate law, loyalty, coherence criterion, morality criterion

Suggested Citation

Gold, Andrew S., Interpreting Fiduciary Law (May 29, 2017). Forthcoming, in Research Handbook on Fiduciary Law (D. Gordon Smith & Andrew S. Gold, eds.) (Edward Elgar Publishing), Available at SSRN: https://ssrn.com/abstract=2976494

Andrew S. Gold (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

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