David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The fundamental interaction that triggers a fiduciary obligation is the exercise by one party of discretionary power of an administrative nature over another party's interests, where the latter party is unable, as a matter of fact or law, to exercise the fiduciary's power. The goal of this paper is to demonstrate that there is something "deeply fiduciary" about the interaction between a state and its subjects. The fiduciary nature of this relationship provides the justification for the state's legal authority and its obligation to act in the interests of its subjects. The practical manifestation of the state's overarching fiduciary obligation to its subjects is the rule of law.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
Cedric E. Dawkins (2013). The Principle of Good Faith: Toward Substantive Stakeholder Engagement. Journal of Business Ethics 121 (2):1-13.
Paul Gowder (2013). The Rule of Law and Equality. Law and Philosophy 32 (5):565-618.
Ethan J. Leib & David L. Ponet (2011). Fiduciary Representation and Deliberative Engagement with Children. Journal of Political Philosophy 20 (2):178-201.
Similar books and articles
William A. Edmundson (2010). Political Authority, Moral Powers and the Intrinsic Value of Obedience. Oxford Journal of Legal Studies 30 (1):179-191.
Paul B. Miller & Charles Weijer (2006). Fiduciary Obligation in Clinical Research. Journal of Law, Medicine & Ethics 34 (2):424-440.
William Martin (2009). Socially Responsible Investing: Is Your Fiduciary Duty at Risk? [REVIEW] Journal of Business Ethics 90 (4):549 - 560.
Sallyanne Payton (1992). The Concept of the Person in the Parens Patriae Jurisdiction Over Previously Competent Persons. Journal of Medicine and Philosophy 17 (6):605-645.
Thomas Alured Faunce & T. A. Bolsin, Fiduciary Disclosure of Medical Mistakes: The Duty to Promptly Notify Patients of Adverse Health Care Events.
Andrew Wicks (1999). Getting Real. Business Ethics Quarterly 9 (2):273-293.
Evan Fox-Decent (2008). Is the Rule of Law Really Indifferent to Human Rights? Law and Philosophy 27 (6):533 - 581.
Added to index2009-01-28
Total downloads38 ( #87,235 of 1,726,249 )
Recent downloads (6 months)1 ( #369,877 of 1,726,249 )
How can I increase my downloads?