David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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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.
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Ethan J. Leib & David L. Ponet (2011). Fiduciary Representation and Deliberative Engagement with Children. Journal of Political Philosophy 20 (2):178-201.
Paul Gowder (2013). The Rule of Law and Equality. Law and Philosophy 32 (5):565-618.
Cedric E. Dawkins (2013). The Principle of Good Faith: Toward Substantive Stakeholder Engagement. Journal of Business Ethics:1-13.
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