Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 1 - Fiduciary Grounds and Reasons

  • from Part I - Personal Trust and Fiduciary Relationships
  • Edited by Paul B. Miller, University of Notre Dame, Indiana, Matthew Harding, University of Melbourne
  • Book:
    Fiduciaries and Trust
    Published online:
    13 March 2020
    Print publication:
    02 April 2020, pp 17-34

  • Summary

    This paper pursues two questions: what is it in the fiduciary relationship that grounds this transfer of legal power? And, given this grounds, what kind of reason (e.g. practical, moral or otherwise) does the fiduciary then have to act on behalf of the beneficiary? In response to the first, it argues that the principle modes of grounding the transfer of legal power — mutual consent and presumed consent — both involve trust. And in response to the second, it argues that this involvement of trust entails that a fiduciary’s reason for action is ultimately third personal.