‘The Non-Domination Principle in Fiduciary Law’

Evan J Criddle, Liberty in Loyalty: A Republican Theory of Fiduciary Law, 95 Texas Law Review 993 (2017), available at SSRN. Fiduciary law crosses many domains, but it is of particular import to the field of trusts and estates, where it lays down rules of conduct for key actors within that legal system. In Liberty in Loyalty, Professor Criddle presents an appealing and detailed case for why republicanism is the theoretical basis for fiduciary law. This feat is impressive because he is very much swimming against the tide; scholars and judges alike have often seen classical liberal theory as fiduciary law’s guiding light. But the Article’s contribution is not merely theoretical. Important questions of doctrine turn on fiduciary law’s theoretical foundation, as Criddle skillfully shows. This article’s discussion is essential reading for scholars in numerous areas, most notably agency law, corporate law, and trust law, but it is also a valuable read for anyone interested in how the law manages relationships between those with unequal power … (more)

[Alexander Boni-Saenz, JOTWELL, 20 October]

Leave a Reply