Sung Hui Kim, my friend and UCLAW Colleague writes:
Is the state a fiduciary? For a growing number of scholars, the answer is yes. In fact, the idea that the state is a fiduciary to its citizens has a long pedigree – ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. A new edited volume of essays, “Fiduciary Government” (Cambridge University Press 2018, 342 pages, $145)explores the implications of the notion that the state is a fiduciary and develops new acounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study. This volume should also be of interest to skeptics of the notion of fiduciary government, as it presents important critiques of fiduciary political theory.
Review the Title Page, Table of Contents, List of Contributors and Introduction here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3292645
