Abstract:
Legal and extra-legal conceptions of loyalty often diverge, most notably in fiduciary law. Some consider this divergence problematic because they see loyalty duties as moral duties, or because they see loyalty as a moral virtue. This chapter raises doubts about a moralistic view of fiduciary loyalty, in part due to difficulties in legal enforcement. Rather than seek to bring the law into a closer fit with moral understandings of loyalty, this chapter will instead suggest that the law should accommodate extra-legal conceptions of loyalty – that is, it should make space for loyal individuals to take on obligations that match their understanding of what it is to be loyal.
Gold, Andrew S, Accommodating Loyalty (November 29, 2015). Forthcoming in: Contract, Status, and Fiduciary Law (Paul B Miller and Andrew S Gold, eds.) (Oxford: Oxford University Press, 2016).
First posted 2015-12-05 09:37:48
Leave a Reply