Although there are exceptions, fiduciary theory has paid limited attention to interpretive methodology. Yet methodology matters, and the distinctive features of fiduciary law offer insights for interpreting private law more generally. Private law theorists commonly assess interpretive theories against a range of criteria, including: fit, coherence, morality, and transparency. I will suggest that fiduciary law has important implications for two of these criteria in particular: the coherence criterion and the morality criterion.
Gold, Andrew S, Interpreting Fiduciary Law (May 29, 2017). Forthcoming, in Research Handbook on Fiduciary Law (D Gordon Smith and Andrew S Gold, eds) (Edward Elgar Publishing).