Fiduciary Government: Provenance, Promise, and Pitfalls

Fiduciary Government (Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim & Paul B. Miller eds., Cambridge University Press 2018)

20 Pages Posted: 16 Dec 2018

See all articles by Evan J. Criddle

Evan J. Criddle

William & Mary Law School

Evan Fox-Decent

McGill University - Faculty of Law

Andrew S. Gold

Brooklyn Law School

Sung Hui Kim

UCLA School of Law

Paul B. Miller

Notre Dame Law School

Date Written: November 29, 2018

Abstract

The idea that the state is a fiduciary to its people has a long pedigree — ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This essay, which serves as an introduction to a new volume on “Fiduciary Government” (CUP 2018), contributes to the growing renaissance of public fiduciary theory. Drawing on the volume’s groundbreaking chapters, the essay explains how fiduciary principles yield new insights into a variety of important topics in legal and political theory. These topics include the proper roles of public officials and judges; the validity and operation of positive rights; and the concepts of political representation, legitimacy, and obligation. The essay also presents several important critiques of public fiduciary theory.

Keywords: fiduciaries, government, public officials, , purepresentation, legitimacy, corruptionblic trust, positive rights

Suggested Citation

Criddle, Evan J. and Fox-Decent, Evan and Gold, Andrew S. and Kim, Sung Hui and Miller, Paul B., Fiduciary Government: Provenance, Promise, and Pitfalls (November 29, 2018). Fiduciary Government (Evan J. Criddle, Evan Fox-Decent, Andrew S. Gold, Sung Hui Kim & Paul B. Miller eds., Cambridge University Press 2018) . Available at SSRN: https://ssrn.com/abstract=3292645

Evan J. Criddle (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States

Evan Fox-Decent

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

Andrew S. Gold

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

Sung Hui Kim

UCLA School of Law ( email )

385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States

Paul B. Miller

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

HOME PAGE: http://law.nd.edu/directory/paul-miller/

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