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Contract, Status, and Fiduciary Law$
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Paul B. Miller and Andrew S. Gold

Print publication date: 2016

Print ISBN-13: 9780198779193

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198779193.001.0001

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Accommodating Loyalty

Accommodating Loyalty

Chapter:
(p.185) 8 Accommodating Loyalty
Source:
Contract, Status, and Fiduciary Law
Author(s):

Andrew S Gold

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198779193.003.0009

Legal and extra-legal conceptions of loyalty often diverge, most notably in fiduciary law. Some consider this divergence problematic because they see loyalty duties as moral duties, or because they see loyalty as a moral virtue. This chapter raises doubts about a moralistic view of fiduciary loyalty, in part due to difficulties in legal enforcement. Rather than seek to bring the law into a closer fit with moral understandings of loyalty, this chapter will instead suggest that the law should accommodate extra-legal conceptions of loyalty—that is, it should make space for loyal individuals to take on obligations that match their understanding of what it is to be loyal.

Keywords:   fiduciary, loyalty, accommodation, private law, information costs, social norms

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