Lionel Smith

The Law of Loyalty (eBook, ePUB)

• Format: ePub

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Erscheinungstermin: 8. September 2023
• Englisch
• ISBN-13: 9780197664605
• Artikelnr.: 68699083

Autorenporträt

Lionel Smith, Downing Professor of the Laws of England, University of Cambridge. Lionel Smith, BSc (Toronto), LLB (Western Ontario), LLM (Cantab), DPhil, MA, DCL (Oxon), LLB (Montr?al) is Downing Professor of the Laws of England at the University of Cambridge and a fellow of Gonville and Caius College. He previously taught at the Universities of Alberta and Oxford before joining McGill University in 2000, where he was Sir William C Macdonald Professor of Law at McGill University from 2013-2022. Previously he was Director of the Paul-Andr? Cr?peau Centre for Private and Comparative Law and James McGill 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.

Inhaltsangabe

* 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