Results for 'fiduciary'

330 found
Order:
  1. Fiduciary Duties and the Shareholder-Management Relation: Or, What's so Special About Shareholders?John R. Boatright - 1994 - Business Ethics Quarterly 4 (4):393-407.
    The claim that managers have a fiduciary duty to shareholders to run the corporation in their interests is generally supported by two arguments: that shareholders are owners of a corporation and that they have a contract or agency relation with management. The latter argument is used by Kenneth E. Goodpaster, who rejects a multi-fiduciary, stakeholder approach on the grounds that the shareholder-management relation is “ethically different” because of its fiduciary character. Both of these arguments provide an inadequate (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   54 citations  
  2.  68
    Fiduciary Duties and the Shareholder-Management Relation: Or, What's so Special About Shareholders?John R. Boatright - 1994 - Business Ethics Quarterly 4 (4):393-407.
    The claim that managers have a fiduciary duty to shareholders to run the corporation in their interests is generally supported by two arguments: that shareholders are owners of a corporation and that they have a contract or agency relation with management. The latter argument is used by Kenneth E. Goodpaster, who rejects a multi-fiduciary, stakeholder approach on the grounds that the shareholder-management relation is “ethically different” because of its fiduciary character. Both of these arguments provide an inadequate (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   55 citations  
  3. A Fiduciary Argument Against Stakeholder Theory.Alexei M. Marcoux - 2003 - Business Ethics Quarterly 13 (1):1-24.
    Critics attack normative ethical stakeholder theory for failing to recognize the special moral status of shareholders that justifiesthe fiduciary duties owed to them at law by managers. Stakeholder theorists reply that there is nothing morally significant about shareholders that can underwrite those fiduciary duties. I advance an argument that seeks to demonstrate both the special moral status of shareholders in a firm and the concomitant moral inadequacy of stakeholder theory. I argue that (i) if some relations morally requirefiduciary (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   62 citations  
  4.  44
    Fiduciary Obligation in Clinical Research.Paul B. Miller & Charles Weijer - 2006 - Journal of Law, Medicine and Ethics 34 (2):424-440.
    Heated debate surrounds the question whether the relationship between physician-researcher and patient-subject is governed by a duty of care. Miller and Weijer argue that fiduciary law provides a strong legal foundation for this duty, and for articulating the terms of the relationship between physician-researcher and patient-subject.
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   22 citations  
  5.  13
    Fiduciary Obligation in Clinical Research.Paul B. Miller & Charles Weijer - 2006 - Journal of Law, Medicine and Ethics 34 (2):424-440.
    Bioethics is currently witnessing unprecedented debate over the moral and legal norms governing the conduct of clinical research. At the center of this debate is the duty of care in clinical research, and its most widely accepted specification, clinical equipoise. In recent work, we have argued that equipoise and cognate concepts central to the ethics of clinical research have been left unnecessarily vulnerable to criticism. We have suggested that the vulnerability lies in the conspicuous absence of an articulated foundation in (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   21 citations  
  6.  17
    The Fiduciary Constitution of Human Rights: Evan Fox-Decent and Evan J. Criddle.Evan Fox-Decent - 2009 - Legal Theory 15 (4):301-336.
    We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state's fiduciary duty to provide equal security under the rule of law, a duty that flows from (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   8 citations  
  7.  47
    A Fiduciary Theory of Jus Cogens.Evan J. Criddle & Evan Fox-Decent - unknown
    For several decades, international law has recognized certain norms such as the prohibitions against genocide, slavery, and military aggression as "jus cogens"- peremptory law which supersedes conflicting international treaties and customs. Despite widespread acceptance of the jus cogens concept, legal theorists continue to debate whether peremptory norms derive their legal authority from state consent, natural law, or the demands of international public order. Anxiety over peremptory norms' legal basis has frustrated efforts to clarify the scope and content of jus cogens, (...)
    Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  8.  11
    Fiduciary Duty, Risk, and Shareholder Desert.Gordon G. Sollars & Sorin A. Tuluca - 2018 - Business Ethics Quarterly 28 (2):203-218.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  9.  57
    The Fiduciary Nature of State Legal Authority.Evan Fox-Decent - manuscript
    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 (...)
    Direct download  
     
    Export citation  
     
    Bookmark   5 citations  
  10.  67
    Socially Responsible Investment and Fiduciary Duty: Putting the Freshfields Report Into Perspective.Joakim Sandberg - 2011 - Journal of Business Ethics 101 (1):143-162.
    A critical issue for the future growth and impact of socially responsible investment (SRI) is whether institutional investors are legally permitted to engage in it – in particular whether it is compatible with the fiduciary duties of trustees. An ambitious report from the United Nations Environment Programme’s Finance Initiative (UNEP FI), commonly referred to as the ‘Freshfields report’, has recently given rise to considerable optimism on this issue among proponents of SRI. The present article puts the arguments of the (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   10 citations  
  11.  35
    The Fiduciary Obligation of the Physician-Researcher in Phase IV Trials.Rosemarie Dlc Bernabe, Ghislaine Jmw van Thiel, Jan Am Raaijmakers & Johannes Jm van Delden - 2014 - BMC Medical Ethics 15 (1):11.
    BackgroundIn this manuscript, we argue that within the context of phase IV, physician-researchers retain their fiduciary obligation to treat the patient-participants.DiscussionWe first clarify why the perspective that research ethics ought to be differentiated from clinical ethics is not applicable in phase IV, and therefore, why therapeutic orientation is most convivial in this phase. Next, assuming that ethics guidelines may be representative of common morality, we show that ethics guidelines see physician-researchers primarily as physicians and only secondarily as researchers. We (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  12.  22
    The Fiduciary Relationship Model for Managing Clinical Genomic “Incidental” Findings.Gabriel Lázaro-Muñoz - 2014 - Journal of Law, Medicine and Ethics 42 (4):576-589.
    This paper examines how the application of legal fiduciary principles , can serve as a framework to promote management of clinical genomic “incidental” or secondary target findings that is patient-centered and consistent with recognized patient autonomy rights. The application of fiduciary principles to the clinical genomic testing context gives rise to at least four physician fiduciary duties in conflict with recent recommendations by the American College of Medical Genetics and Genomics . These recommendations have generated much debate (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   4 citations  
  13.  43
    Trust, Autonomy, and the Fiduciary Relationship.Carolyn McLeod & Emma Ryman - 2020 - In Paul Miller & Matthew Harding (eds.), Fiduciaries and Trust: Ethics, Politics, Economics, and Law. Cambridge, UK: pp. 74-86.
    Some accounts of the fiduciary relationship place trust and autonomy at odds with one another, so that trusting a fiduciary to act on one’s behalf reduces one’s ability to be autonomous. In this chapter, we critique this view of the fiduciary relationship (particularly bilateral instances of this relationship) using contemporary work on autonomy and ‘relational autonomy’. Theories of relational autonomy emphasize the role that interpersonal trust and social relationships play in supporting or hampering one’s ability to act (...)
    Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  14.  63
    Fiduciary Duties and the Ethics of Public Apology.Alice MacLachlan - 2018 - Journal of Applied Philosophy 35 (2):359-380.
    The practice of official apology has a fairly poor reputation. Dismissed as ‘crocodile tears’ or cheap grace, such apologies are often seen by the public as an easy alternative to more punitive or expensive ways of taking real responsibility. I focus on what I call the role-playing criticism: the argument that someone who offers an apology in public cannot be appropriately apologetic precisely because they are only playing a role. I offer a qualified defence of official apologies against this objection, (...)
    Direct download (8 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  15.  53
    Reason, Rationality, and Fiduciary Duty.Steve Lydenberg - 2014 - Journal of Business Ethics 119 (3):1-16.
    This paper argues that since the last decades of the twentieth century the discipline of modern finance has directed fiduciaries to act "rationally"—that is, in the sole financial interest of their funds--downplaying the effects of their investments on others. This approach has deemphasized a previous, more "reasonable" interpretation of fiduciary duty that drew on a conception of prudence characterized by wisdom, discretion and intelligence—one that accounts to a greater degree for the relationship between one's investments and their effects on (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  16.  22
    Fiduciary Society and Confucian Theory of Xin - on Tu Wei-Ming's Fiduciarity Proposal.Zhaolu Lu - 2001 - Asian Philosophy 11 (2):85 – 101.
    This paper evaluates Tu Wei-ming's proposal that the Confucian ideal model of human society should be viewed as a fiduciary community. To do the evaluation, I provide a systematic elaboration of Tu's proposal, which is essentially absent in Tu's writings, and a systematic explication of the Confucian theory of fiduciarity, which is supposed to be the theoretical foundation of Tu's proposal but is completely absent in the studies of Confucianism, including Tu's own. On the basis of these studies, I (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  17.  18
    The Fiduciary Relationship Model for Managing Clinical Genomic “Incidental” Findings.Gabriel Lázaro-Muñoz - 2014 - Journal of Law, Medicine and Ethics 42 (4):576-589.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  18.  37
    Fiduciary Duties as a Helpful Guide to Ethical Decision-Making in Business.Stephen B. Young - 2007 - Journal of Business Ethics 74 (1):1-15.
  19.  45
    Ethical Standards for Stockbrokers: Fiduciary or Suitability? [REVIEW]James J. Angel & Douglas McCabe - 2013 - Journal of Business Ethics 115 (1):183-193.
    What are the ethical obligations of the sellers of financial products to their customers? Stockbrokers in the U.S. have a legal and ethical requirement to recommend only “suitable” investments to their customers. This is a fairly weak standard. Currently, there are proposals to raise the standard to a fiduciary one in which the recommendations would have to be in the best interests of the clients. Brokers sell solutions to financial problems. Similar to an auto mechanic or a doctor, the (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  20.  16
    The Clinical Investigator as Fiduciary: Discarding a Misguided Idea.E. Haavi Morreim - 2005 - Journal of Law, Medicine and Ethics 33 (3):586-598.
    One of the most important questions in the ethics of human clinical research asks what obligations investigators owe the people who enroll in their studies. Research differs in many ways from standard care - the added uncertainties, for instance, and the nontherapeutic interventions such as diagnostic tests whose only purpose is to measure the effects of the research intervention. Hence arises the question whether a physician engaged in clinical research has the same obligations toward research subjects that he owes his (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   25 citations  
  21.  13
    The Internal Limits on Fiduciary Loyalty.Andrew S. Gold - 2020 - American Journal of Jurisprudence 65 (1):65-82.
    : In the abstract, the limits on a lawyer’s loyalty obligations could take several forms. For example, constraints on a fiduciary’s loyalty obligations may be derived from a correct understanding of that fiduciary’s loyalty itself. Indeed, violations might count as a form of disloyalty to the client. Alternatively, such constraints could stem from obligations owed to parties other than a lawyer’s client, or even something more abstract like the rule of law. Notably, such constraints could be derived from (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  22.  22
    The Clinical Investigator as Fiduciary: Discarding a Misguided Idea.E. Haavi Morreim - 2005 - Journal of Law, Medicine and Ethics 33 (3):586-598.
    One of the most important questions in the ethics of human clinical research asks what obligations investigators owe the people who enroll in their studies. Research differs in many ways from standard care - the added uncertainties, for instance, and the nontherapeutic interventions such as diagnostic tests whose only purpose is to measure the effects of the research intervention. Hence arises the question whether a physician engaged in clinical research has the same obligations toward research subjects that he owes his (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   25 citations  
  23.  28
    The Fiduciary Duty of Corporate Directors to Protect the Environment for Future Generations.Diane Saxe - 1992 - Environmental Values 1 (3):243-252.
    The 'business judgement rule ' requires corporate directors only to act with honesty and reasonable care in the interest of shareholders. A stronger ' fiduciary ' duty is required where one party requires protection from another. This paper argues that where corporations take risks with the environment, directors are fiduciaries. Stakeholders are in that case the general public, future generations and other species, which have not voluntarily accepted risk and cannot limit liability. Recognition of fiduciary duty in such (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  24.  12
    Motives and Fiduciary Loyalty.Stephen R. Galoob & Ethan J. Leib - 2020 - American Journal of Jurisprudence 65 (1):41-63.
    : How, if at all, do motives matter to loyalty? We have argued that loyalty has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty in the fiduciary context. We contend that this counterargument depends on a flawed understanding of the significance of motive to loyalty. We defend a view of the importance of motivation to loyalty that we call (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  25.  6
    The Fiduciary Obligation.Robert Flannigan - 1989 - Oxford Journal of Legal Studies 9 (3):285-322.
  26.  23
    (Re-)Interpreting Fiduciary Duty to Justify Socially Responsible Investment for Pension Funds?Joakim Sandberg - 2013 - Corporate Governance 21 (5):436-446.
    A critical issue for the future growth of socially responsible investment (SRI) is to what extent institutional investors such as pension funds can be persuaded to engage in it. This paper considers attempts at justifying such engagement stemming from a range of (re-)interpretations of the fiduciary duties owed by pension funds to their beneficiaries, and thereby develops a hypothesis concerning the most effective political or legal remedy. Previous commentary suggests that fiduciary duty either already mandates SRI for pension (...)
    Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  27.  83
    Trust and Fiduciary Law.Matthew Harding - 2013 - Oxford Journal of Legal Studies 33 (1):81-102.
    How can it be that the fiduciary relationship has trust at its core if trust is neither a necessary nor a sufficient condition for the existence of such a relationship? My aim in this article is to make some arguments that I think might assist in solving that puzzle. First, I argue that fiduciary relationships are likely to be characterized by relatively ‘thick’ interpersonal trust. Secondly, I argue that moral duties referring to trust play a role in the (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  28.  57
    Vulnerability and the Basis of Business Ethics: From Fiduciary Duties to Professionalism. [REVIEW]Eric Brown - 2013 - Journal of Business Ethics 113 (3):489-504.
    This paper examines the role of vulnerability in the basis of business ethics by criticizing its role in giving a moral substantial character to fiduciary duties to shareholders. The target is Marcoux’s (Bus Ethics Q 13(1):1–24, 2003) argument for morally substantial fiduciary duties vis-à-vis the multifiduciary stakeholder theory. Rather than proceed to support the stakeholder paradigm, a conception of vulnerability is combined with Heath’s 2004) “market failure” view of the ethical obligations of managers as falling out of their (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   8 citations  
  29.  29
    Fiduciary Representation and Deliberative Engagement with Children.Ethan J. Leib & David L. Ponet - 2012 - Journal of Political Philosophy 20 (2):178-201.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  30.  9
    Fiduciary Representation and Deliberative Engagement with Children.David L. Ponet Ethan J. Leib - 2012 - Journal of Political Philosophy 20 (2):178-201.
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  31.  23
    Intentions, Compliance, and Fiduciary Obligations.Stephen R. Galoob & Ethan J. Leib - 2014 - Legal Theory 20 (2):106-132.
    This essay investigates the structure of fiduciary obligations, specifically the obligation of loyalty. Fiduciary obligations differ from promissory obligations with respect to the possibility of Promissory obligations can be satisfied through behavior that conforms to a promise, even if that behavior is done for inappropriate reasons. By contrast, fiduciary loyalty necessarily has an intentional dimension, one that prevents satisfaction through accidental compliance. The intentional dimension of fiduciary loyalty is best described by what we call the account. (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  32. Fiduciary Relationship: An Ethical Approach and a Legal Concept?Margaret Brazier & Mary Lobjoit - 2001 - In Rebecca Bennett & Charles A. Erin (eds.), Hiv and Aids, Testing, Screening, and Confidentiality. Clarendon Press.
     
    Export citation  
     
    Bookmark   1 citation  
  33.  20
    The Case Against Fiduciary Media: Ethics is the Key. [REVIEW]Walter Block & Laura Davidson - 2011 - Journal of Business Ethics 98 (3):505 - 511.
    Salerno asserts that in the debate between those who favor and oppose fractional reserve banking, the important issue is not whether or not this institution is inherently fraudulent, but, rather, does it or does it not cause the business cycle. We join this author in thinking both important; however, we reverse this order.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  34.  20
    A Fiduciary Model of Political Ethics and Protocol for Dealing with Constituent Requests.John Alan Cohan - 2002 - Journal of Business Ethics 38 (3):277 - 290.
  35.  28
    Selfhood and Fiduciary Community: A Smithian Reading of Tu Weiming’s Confucian Humanism. [REVIEW]Yen-zen Tsai - 2008 - Dao: A Journal of Comparative Philosophy 7 (4):349-365.
    Weiming, as a leading spokesman for contemporary New Confucianism, has been reinterpreting the Confucian tradition in the face of the challenges of modernity. Tu takes selfhood as his starting point, emphasizing the importance of cultivating the human mind-and-heart as a deepening and broadening process to realize the anthropocosmic dao. He highlights the concept of a fiduciary community and advocates that, because of it, Confucianism remains a dynamic inclusive humanism. Tu’s mode of thinking tallies well with Wilfred C. Smith’s vision (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  36.  28
    Doctors as Fiduciaries: Do Medical Professionals Have the Right Not to Treat?Edwin C. Hui - 2005 - Poiesis and Praxis 3 (4):256-276.
    In the first part of the paper, the author discusses the origin and obligation of the medical profession and argues that the duty of fidelity in the context of a patient–professional relationship (PPR) is the central obligation of medical professionals. The duty of fidelity entails seeking the patient’s best interests even at the expense of the professional’s own, and refusing to treat a risk-patient infected by SARS is a breach of fidelity because the medical professional is involved in a situation (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  37.  19
    Managers' Double Fiduciary Duty: To Stakeholders and to Freedom.Allen Kaufman - 2002 - Business Ethics Quarterly 12 (2):189-214.
    Abstract: In providing an ethical guide for managers, the Clarkson Principles offer one part of a possible professional code, namely, that managers have a fiduciary duty—a duty of loyalty of the corporation’s stakeholders. However, the Clarkson Principles contain little advise for managers when they act politically to fashion the regulatory framework in which stakeholders negotiate. When managers participate in these arenas, I argue that they ought to assume a second fiduciary duty—a duty of loyalty to fair bargaining. Where (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   5 citations  
  38.  11
    Guarding the Fiduciary's Conscience—A Justification of a Stringent Profit-Stripping Rule.Irit Samet - 2008 - Oxford Journal of Legal Studies 28 (4):763-781.
    This article argues that considerations of moral psychology support the traditional stringency of the rule according to which fiduciaries who get involved in a potential conflict of interest shall be stripped of all their gains. The application of the rule, regardless of good faith on the part of the fiduciary, is being contested by courts and academia alike. The article is focused on the ‘deterrence’ justification for the rule, and argues that its unusual strictness should be read as a (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  39.  15
    Sovereignty's Promise: The State as Fiduciary.Evan Fox-Decent - 2011 - Oxford University Press.
    Arguing that the state and its people stand in a fiduciary relationship, Sovereignty's Promise puts forward a bold new account of political authority and its legal limits. In doing so it presents a fresh argument for common law constitutionalism and a novel theoretical framework for understanding the requirements of the rule of law.
    Direct download  
     
    Export citation  
     
    Bookmark   7 citations  
  40.  10
    Corporate Fiduciary Duties and Prudential Regulation of Financial Institutions.Edward M. Iacobucci - 2015 - Theoretical Inquiries in Law 16 (1):183-210.
    While corporate fiduciary duties in many jurisdictions are generally understood to be owed to shareholders, recent Canadian Supreme Court cases have held that directors owe their duties to the corporation, period, not to shareholders or any other stakeholders. This development has introduced significant indeterminacy to the law since it is not clear what such a conception of the duty requires. The Supreme Court did, however, make one clear statement: it held that directors owe a fiduciary duty to ensure (...)
    Direct download  
     
    Export citation  
     
    Bookmark  
  41.  24
    Fiduciary Paradox and Psychotherapy.Dennis E. Skocz - 2003 - Philosophy in the Contemporary World 10 (1):69-74.
    In the psychotherapist-patient relationship, the therapist-fiduciary must deal with ambiguity, assume risks, and make decisions without final appeal to psychiatric theory. Ambiguity regarding patient autonomy poses treatment paradoxes. Caregiving that aims at autonomy can end up undermining it. Additionally, pursuit of autonomy can put the patient’s well-being at risk.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  42.  23
    Parents of Unhappy Poets: Fiduciary Responsibility and Genetic Enhancements.Toby Schonfeld - 2003 - Cambridge Quarterly of Healthcare Ethics 12 (4):411-417.
    “What is a poet? An unhappy person who conceals profound anguish in his heart but whose lips are so formed that as sighs and cries pass over them they sound like beautiful music.” These opening lines from Kierkegaard's Either/Or signify a tragic state of affairs because the poet brings joy to others and yet experiences no joy himself. In a similar vein, consider the child prodigy—Bobby Fischer, Shirley Temple, Mozart. Although there is no question that these children were gifted, there (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  43.  26
    Fiduciary Decision-Making Using Comfort Care.Raymond J. Kolcaba - 2003 - Philosophy in the Contemporary World 10 (1):81-86.
    Ethical fiduciaries in health care lack sufficient criteria for making ethical decisions. The authors introduce criteria from The Theory of Comfort as developed in the nursing literature. According to the theory, comfort is based in observation, measurable, and represents a nearly universal human need and interest. Use of the theory is illustrated through three case studies.
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  44.  32
    Getting Real: Stakeholder Theory, Managerial Practice, and the General Irrelevance of Fiduciary Duties Owed to Shareholders.Andrew Wicks - 1999 - Business Ethics Quarterly 9 (2):273-293.
    Stakeholder theorists have generally misunderstood the nature and ramifications of the fiduciary responsibilities that corporate directors owe their stockholders. This fiduciary duty requires the exercise of care, loyalty, and honesty with regard to the financial interests of stockholders. Such obligations do not conflict with the normative goals of stakeholder theory, nor, after a century of case law that includes Dodge Bros. v. Ford, do fiduciary responsibilities owed shareholders prevent managerial policies that are generous orsensitive to other corporate (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   33 citations  
  45.  4
    Intentions, Compliance, and Fiduciary Obligations.Stephen R. Galoob & Ethan J. Leib - 2014 - Legal Theory 20 (2):106-132.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  46.  29
    Getting Real: Stakeholder Theory, Managerial Practice, and the General Irrelevance of Fiduciary Duties Owed to Shareholders.Richard Marens & Andrew Wicks - 1999 - Business Ethics Quarterly 9 (2):273-293.
    Stakeholder theorists have generally misunderstood the nature and ramifications of the fiduciary responsibilities that corporate directors owe their stockholders. This fiduciary duty requires the exercise of care, loyalty, and honesty with regard to the financial interests of stockholders. Such obligations do not conflict with the normative goals of stakeholder theory, nor, after a century of case law that includes Dodge Bros. v. Ford, do fiduciary responsibilities owed shareholders prevent managerial policies that are generous orsensitive to other corporate (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   39 citations  
  47.  24
    Fiduciary Duty and Socially Responsible Investing.George R. Gay - 2003 - Philosophy in the Contemporary World 10 (1):49-54.
    Most discussions of fiduciary duty focus on medical decision-making, but that is not the only context in which the concept is important. Investment advisers have fiduciary duties to their clients: in this essay, we address those duties. Many advisers refuse to help their clients with ‘socially responsible’ investment plans, for a variety of reasons, among which are fiduciary concerns. We argue that the reasons generally given not to pursue a religious, environmental, or social investment strategy are mistaken, (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  48. Fiduciary Knowledge and Moral Consensus in Bioethics.Jonathan Moreno - 2002 - Janus Head 5 (1):1.
     
    Export citation  
     
    Bookmark   1 citation  
  49.  9
    The Fiduciary Responsibility of Directors to Preserve Intergenerational Equity.Arjya B. Majumdar - 2019 - Journal of Business Ethics 159 (1):149-160.
    The well-being of generations yet to come must necessarily be an important concern for the present. As an extension of Rawls’ ‘just savings’ principle, one of the arguments for sustainable development is that of intergenerational equity—the idea that future generations must have the same access to natural resources as the present generation. In this article, I attempt to reconcile the divergent positions of the shareholder and stakeholder primacy debate by proposing that directors—acting for the corporation—should preserve intergenerational equity. Three arguments (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  50.  31
    Socially Responsible Investing: Is Your Fiduciary Duty at Risk?William Martin - 2009 - Journal of Business Ethics 90 (4):549-560.
    Socially responsible investing identifies the fiduciary duty and liability for financial advisors serving individual and institutional clients when consulting in the SRI space. This article first discusses the role of a fiduciary emerging from both a legal and an ethical basis. Further, the special aspects of maintaining fiduciary duty and minimizing fiduciary liability are described as they relate to SRI. A number of recommendations are discussed: legal, ethical, and practice. This study argues that prudence focuses more (...)
    Direct download (4 more)  
     
    Export citation  
     
    Bookmark   3 citations  
1 — 50 / 330