The Law of Loyalty
Published on 7. November 2023
Book
Hardback
496 pages
978-0-19-766458-2 (ISBN)
Description
The Law of Loyalty is a study of the principles governing the use of legal powers that are held for other-regarding ends. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others.
It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role.
These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role.
These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
Reviews / Votes
If you have ever wondered about loyalty in both private and public law, or have wondered whether acting for others in a certain capacity has logic and unity, then this study is for you. * Zainab Zaeem, The Gazette * This magisterial treatise is unique, both in the range of coverage, which is vast, and in the boldness of its primary thesis. * Dr Nuncio D'Angelo, Australian Law Journal * The Law of Loyalty is an exceptional work that should be required reading for all its many audiences. * Rachel Leow, The Modern Law Review *More details
Language
English
Place of publication
New York
United States
Target group
College/higher education
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 226 mm
Width: 165 mm
Thickness: 58 mm
Weight
839 gr
ISBN-13
978-0-19-766458-2 (9780197664582)
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Schweitzer Classification
Other editions
Additional editions
Person
Lionel Smith, BSc (Toronto), LLB (Western Ontario), LLM (Cantab), DPhil, MA, DCL (Oxon), LLB (Montreal) is the Professor of Comparative Law at the University of Oxford and a fellow of Brasenose College. He previously taught at the University of Alberta (1991-2; 1994-96), Oxford University (1996-2000), McGill University (2000-2022) and the University of Cambridge (2022-24), where he was Downing Professor of the Laws of England and Director of the Cambridge Private Law Centre. At McGill, he was Director of the Paul-Andre Crepeau Centre for Private and Comparative Law and Sir William C Macdonald Professor. He is a Titular Member of the International Academy of Comparative Law and member of the American Law Institute, the European Law Institute, and the International Academy of Estate and Trust Law, and is a non-practising member of the Bar of Alberta.
Content
PART I: INTRODUCTION Chapter 1. Foundations PART II: ACTING FOR OTHERS IN PRIVATE LAW Chapter 2. Introduction PART II.A: THE CORE CASES OF PRIVATE LAW ADMINISTRATION Chapter 3. Loyalty in the Exercise of Private Law Powers of Administration Chapter 4. Conflicts in Relation to Private Law Administration Chapter 5. Attribution: Costs, Profits, and Information Chapter 6. Other Obligations of Private Law Administrators PART II.B: THE WIDENING REACH OF ADMINISTRATION IN PRIVATE LAW Chapter 7. The Widening Reach of Administration in Private Law PART II.C: THE ENFORCEMENT AND SUPERVISION OF PRIVATE ADMINISTRATION Chapter 8. The Enforcement and Supervision of Private Administration PART III: ACTING FOR OTHERS IN PUBLIC LAW Chapter 9. Foundations of Public Law Administration Chapter 10. The Enforcement and Supervision of Public Law Administration Chapter 11. Spheres of Public Law Administration PART IV: CONCLUSION 12. Conclusion