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Fiduciary Relationships Are Not Contracts

By Scott T. Fitzgibbon

Abstract

This Article, which explores the nature of fiduciary relationships, demonstrates that these relationships arise and function in ways that are alien to contractualist thought. While the relationships may, like marriage relationships, be part of the same genus, they are indeed members of a different species. Fiduciary relationships differ both in doctrinal structure and ethical basis. However, some contractualist writing denies one or the other of these two propostitions. This Article, therefore, aims to establish that both are in fact true. The author presents that fiduciary relationships have value and serve purposes that are largely unknown to contractualists. Furthermore, these relationships facilitate the doing of justice, promote virtue, and enhance freedom in a distinctive way

Topics: fiduciary relationships, contractualist thought, fiduciarist contractualism, lawyer’s economics, ecnomic ethics, professional ethics, professional responsibility, fiduciary as contract, categorized relationships, theory of affiliations, Contracts, Domestic Relations, Government Contracts, Law and Society, Legal Analysis and Writing, Legal History, Legal Profession, Legal Research and Bibliography, Partnerships, Professional Ethics, Public Law and Legal Theory, Business Organizations Law, Contracts, Family Law, Government Contracts, Law and Society, Legal Ethics and Professional Responsibility, Legal History, Legal Writing and Research, Public Law and Legal Theory
Publisher: Digital Commons @ Boston College Law School
Year: 1999
OAI identifier: oai:lawdigitalcommons.bc.edu:lsfp-1101
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