Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

8-2018

Publisher

Boston University School of Law

Language

en-US

Abstract

Fiduciary rules appear in family law, surrogate decision-making, laws of agency, employment, pensions, remedies, banking, financial institutions, corporations, charities, not for profit organizations, medical services and international law. Fiduciary concepts guide areas of knowledge: economics, psychology; moral norms; and pluralism. Fiduciary law was recognized in Roman law and the British common law. It was embedded decades ago in religious Jewish, Christian, and Islamic laws. Internationally, fiduciary law appears in European, Chinese, Japanese and Indian laws.

What explains the expansion and predicts the future of fiduciary principles? Part One offers a short description of fiduciary relationships. Part Two describes the growth of expertise in living beings—from genetic to chosen cooperative specialization. Part Three notes the law’s encouragement of the relationships while discouraging its potential abuses. Part Four highlights criticisms of fiduciary law. Part Five speculates about the future of fiduciary law.

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