Fiduciary Government

About this book

"The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study"-- "The idea of "fiduciary government"--that public officials enjoy a position of power and owe obligations comparable to those of agents, trustees, and other fiduciaries--has attracted unprecedented attention in recent years. As scholars have increasingly come to recognize the shortcomings of social contract theories of government, many have looked to fiduciary obligation as a new model for legitimating public authority and explaining the obligations of the state and public officials"--