Theorizing Transnational Fiduciary Law

UCI Journal of International, Transnational & Comparative Law, Vol.5, No.1, 2020

UC Irvine School of Law Research Paper No. 2020-24

14 Pages Posted: 10 Apr 2020 Last revised: 15 May 2020

See all articles by Seth Davis

Seth Davis

University of California, Berkeley School of Law

Gregory Shaffer

University of California, Irvine School of Law

Date Written: April 8, 2020

Abstract

This symposium Article theorizes and assesses transnational legal ordering of fiduciary law. Fiduciary law imposes legally enforceable duties on those entrusted with discretionary authority over the interests of others. The fiduciary law of a state may apply to fiduciary relationships having a transnational (or even global) scope. Fiduciary norms themselves are transnational to the extent that they settle as governing legal norms in ways that transcend and permeate state boundaries. Curiously, however, fiduciary legal theory and transnational legal theory have yet to meet. This symposium takes the first steps towards a comprehensive theory of transnational fiduciary law. To assess transnational legal ordering of fiduciary law, one must study the extent of normative settlement across state boundaries. This can be done in terms of a meta concept of fiduciary law involving a transnational body of law, or in terms of the processes that give rise to discrete domains of fiduciary law to address particular problems as understood by relevant actors. Comparative legal analysis is critical for assessing the extent of concordance and divergence in the development and practice of fiduciary law across states. This Article introduces symposium articles that assess transnational fiduciary law as a meta concept; transnational legal ordering of fiduciary law in discrete domains; and comparative fiduciary law. Together, these articles suggest that processes of transnational legal ordering can give rise to transnational fiduciary law and the potential development of discrete transnational legal orders that transcend and permeate nation-states.

Suggested Citation

Davis, Seth and Shaffer, Gregory C., Theorizing Transnational Fiduciary Law (April 8, 2020). UCI Journal of International, Transnational & Comparative Law, Vol.5, No.1, 2020; UC Irvine School of Law Research Paper No. 2020-24. Available at SSRN: https://ssrn.com/abstract=3571782

Seth Davis

University of California, Berkeley School of Law ( email )

215 Boalt Hall
Berkeley, CA 94720-7200
United States

HOME PAGE: http://https://www.law.berkeley.edu/our-faculty/faculty-profiles/seth-davis/

Gregory C. Shaffer (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92612
United States

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