Challenges to Public Fiduciary Theory: An Assessment

Research Handbook on Fiduciary Law (Andrew S. Gold & Gordon Smith, eds., Forthcoming).

20 Pages Posted: 5 Jun 2017

See all articles by Evan Fox-Decent

Evan Fox-Decent

McGill University - Faculty of Law

Date Written: May 30, 2017

Abstract

Over the past decade, a growing number of legal and political theorists have looked to ideas of trusteeship and fiduciary relations to explain foundational concepts associated with the rule of law, constitutional government, the role of judges and legislators, and the idea of public authority itself. Professor Evan Criddle and I have contributed to this literature by arguing that fiduciary principles can help explain administrative law and international law. This public fiduciary literature has attracted thoughtful and nuanced critiques. Some of the critiques reject the public fiduciary project outright, while others are of a more in-house variety, and take exception to some of the arguments I have defended, either solely or with Professor Criddle. In this chapter I reply to the thorough-going critiques of Timothy Endicott and Seth Davis, and the in-house criticism of Paul Miller.

Keywords: fiduciary, trustee, fiduciary relationship, fiduciary duty

Suggested Citation

Fox-Decent, Evan, Challenges to Public Fiduciary Theory: An Assessment (May 30, 2017). Research Handbook on Fiduciary Law (Andrew S. Gold & Gordon Smith, eds., Forthcoming).. Available at SSRN: https://ssrn.com/abstract=2979365

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

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