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Transnational Fiduciary Law

Addressing Authority Abuse Across Global Legal Systems

Seth Davis editor Gregory Shaffer editor Thilo Kuntz editor

Format:Hardback

Publisher:Cambridge University Press

Published:8th Feb '24

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Transnational Fiduciary Law cover

This insightful book explores the abuse of authority within legal systems, focusing on how Transnational Fiduciary Law addresses this critical issue across borders.

The book Transnational Fiduciary Law delves into the pervasive issue of authority abuse across various legal frameworks. It highlights how individuals, whether in family, political, or business contexts, can fall victim to others making decisions on their behalf. This examination reveals the vulnerabilities inherent in these relationships and underscores the need for a legal response that transcends national boundaries.

Central to the discourse in Transnational Fiduciary Law is the role of fiduciary law in the age of global capitalism. This area of law emphasizes the importance of considering the interests of others, standing in contrast to the often unchecked self-interest that can dominate business and governmental interactions. The book explores how fiduciary principles are being invoked not only in traditional private law disputes but also in broader contexts, such as ensuring human rights compliance from transnational corporations and holding national governments accountable for the rights of Indigenous Peoples.

Furthermore, the book investigates the dynamics of how fiduciary relationships and norms might evolve or face challenges in a transnational setting. It highlights the complexities involved in achieving a unified understanding of fiduciary principles across borders, addressing the potential for both convergence and divergence in these norms. By doing so, Transnational Fiduciary Law provides critical insights into the ongoing struggles against authority abuse in a globalized world.

'Fiduciary law has both a long history and an increasingly timely presence in both private and public law. This fascinating collection of essays brings the robust contemporary academic scholarship of the field to its next level both thematically (by shifting to the transnational dimensions of fiduciary law) and methodologically (by focusing on the processes of norm construction, conveyance, contestation, and resistance). It is thus a must read for students of both fiduciary law and transnational legal theory; and it is the foundational text for students of transnational fiduciary law.' Hanoch Dagan, Professor Law, UC Berkeley School of Law
'Fiduciary law and theory have attracted unprecedented scholarly interest over the past decade, as we've witnessed the emergence of original analyses of principles spanning private, public and international law, as well as civil and common law traditions. But in an increasingly crowded space, there has been a notable blind spot: examination of the transnational development and reach of fiduciary principles. Transnational Fiduciary Law provides a perfect antidote. Edited by leaders in the field and featuring exciting work by eminent scholars from several jurisdictions, Transnational Fiduciary Law is destined to become a landmark in the field.' Paul B. Miller, Robert and Marion Short Professor of Law, Notre Dame Law School

ISBN: 9781009310307

Dimensions: 235mm x 159mm x 23mm

Weight: 610g

320 pages