The Law of Loyalty

Erscheinungsjahr 2023
ISBN: 978-0-19-766458-2
Verlag: Oxford University Press

Buch, Englisch, 496 Seiten, Format (B × H): 165 mm x 226 mm, Gewicht: 839 g

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.

Autoren/Hrsg.

Smith, Lionel

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Öffentliches Recht, Völkerrecht, Internationale Organisationen
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Über Autor(innen)

Lionel Smith, BSc (Toronto), LLB (Western Ontario), LLM (Cantab), DPhil, MA, DCL (Oxon), LLB (Montréal) is the Professor of Comparative Law at the University of Oxford and a fellow of Brasenose College. He previously taught at the University of Alberta (1991-2; 1994-96), Oxford University (1996-2000), McGill University (2000-2022) and the University of Cambridge (2022-24), where he was Downing Professor of the Laws of England and Director of the Cambridge Private Law Centre. At McGill, he was Director of the Paul-André Crépeau Centre for Private and Comparative Law and Sir William C Macdonald 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.