Confronting Abuse of Office - Part I: Reprise of Substance

Abstract

At a time of genuine outrage over executive abuse of office, this article (to employ the 'ethics with teeth' metaphor) proposes refashioning the current deciduous dentition of the office and its not-quite-mature ethics. A long legal tradition is cited in support of jural standing for stewardship. Juridical standing, on the other hand, is given a protective crown, developed and fitted with a view toward the assiduous but prudent prosecution of abusers.

Dealt with in succession are 1) a statement of the general argument for revisiting and revising jural interpretations, together with a brief overview of the relevant legal issues, including injury and standing, equity and damages, pledge and bailment, custodial and trust relations, office and stewardship; 2) reprise of pledge and bailment, and 3) a Roman segue to Part II: the abuse of practice form of action.

Keywords: offices, abuse of office, stewardship, impeachment, equity