Fiduciary Law, Chapter 1 - Introduction

Abstract

The goal of this book is to clarify and contextualize the fiduciary concept. It endeavours to do so by initially considering some of the difficulties that have beset fiduciary jurisprudence, some of which have led to the development of a profound fiduciary paradox. The book then undertakes to develop a greater understanding of the fiduciary concept by examining its ideological, historical, and jurisprudential foundations. This introductory examination will provide all-important context for Part II's discussion of existing fiduciary theories. In addition, it will also uncover foundational fiduciary principles that will be developed into an operational vision of the fiduciary concept in Chapter 5. This operational vision, in turn, sets the stage for a functional approach to the fiduciary concept that provides the conceptual framework formulated in Chapter 5 with enhanced shape and substance.