How can it be that the fiduciary relationship has trust at its core if trust is neither a necessary nor a sufficient condition for the existence of such a relationship? My aim in this article is to make some arguments that I think might assist in solving that puzzle. First, I argue that fiduciary relationships are likely to be characterized by relatively ‘thick’ interpersonal trust. Secondly, I argue that moral duties referring to trust play a role in the justification of (...) fiduciary duties, but that the role of trust in the underlying moral duties is contingent, yielding only a contingent connection between trust and fiduciary duties. Finally, I argue that a goal of fiduciary law should be enabling and supporting trusting relationships, but that this goal should be viewed within a broader liberal outlook according to which fiduciary law also enables and supports relationships on terms of detachment. (shrink)

The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.

Trust may be an important organizing idea when thinking about law. However, if trust is to be deployed usefully as an organizing idea when thinking about law, work must be done to understand what trust is, what it does and what effect it has. This article explores one aspect of interpersonal trust that may be relevant when thinking about law. The article considers how one person might manifest trust to another. In so doing, the article considers types of action that (...) are ill- and well-suited to manifesting trust. It then considers why it might be important to manifest trust. Finally, the article suggests some lines of future inquiry by pointing to how the phenomenology of trust might be significant when assessing the sorts of claims about trust that lawyers typically make. (shrink)

Throughout the bulk of the Reformed Tradition’s history within both Europe and the United States, most scholars have dismissed pastor and theologian Moïse Amyraut as a seventeenth century French heretic whose actions and theology led to the demise of the Huguenots in France. However, upon further introspection into Amyraut’s claims as being closer to Calvin (soteriologically) than his Genevan successors, one finds uncanny parallels in the scriptural commentaries and biblical insight into the expiation of Christ between Calvin and Amyraut. By (...) comparing key scriptural passages concerning the atonement, this article demonstrates that Reformed theologian Moïse Amyraut in fact propagated a universal atonement theory which parallels Calvin’s, both men ascribing to biblical faithfulness, a (humanistic) theological method, and similar hermeneutic. As such, both Calvin and Amyraut scripturally contend that God desires and provided the means for the salvation of the whole world. Further, the article demonstrates that Calvin’s successor, Theodore de Beza, could not in fact make the same claims as Amyraut, this article demonstrating that Beza went beyond Calvin’s scriptural approach to Christ’s expiation. Therefore, this article supports a more centrist approach from within and outside the Reformed tradition by demonstrating that Calvin and Amyraut concentrically held to God’s gracious provision in Christ for the saving of the whole world, for those who would believe in Christ for salvation. (shrink)

Charity Law and the Liberal State considers questions relating to state action and public discourse that are raised by the law of charity. Informed by liberal philosophical commitments and of interest to both charity lawyers and political philosophers, it addresses themes and topics such as: the justifiability of the state's non-neutral promotion of charitable purposes; the role of altruism in charity law; charity law, the tax system and the demands of distributive justice; the proper treatment of religious and political purposes (...) in charity law; and the appropriate response of the liberal state to discrimination in the pursuit of charitable purposes. (shrink)

Justice can be pursued by the state, or through voluntary charity. This paper seeks to contribute to the debate about the appropriate division of labor between government and charitable agencies by developing a positive account of the charity sector's moral foundations. The account given here is grounded in a legal conception of charity, as a set of subsidies and privileges designed to cultivate a wide variety of activities aimed at enhancing civic virtue and autonomy. Among other things, this implies that (...) a charity sector oriented largely around the pursuit of justice will come at a moral cost to a liberal society, at least when the state is in a position to take the greater share of the responsibility. So, a positive account of charity provides at least a pro tanto reason for preferring a division of labor in which the state takes a greater share of the responsibility for pursuing justice. As well as developing and defending this conception in its own right, we apply it in offering some criticisms and enhancements of existing views about the division of labor. (shrink)

A Calvinist and Anabaptist Understanding of the BanAmidst a growing renewal of interest in Calvinism and Calvin scholarship throughout the globe in the wake of John Calvin’s 500th anniversary of his birth, this article focuses on John Calvin’s early ecclesiological development. In contrast to advancing theories that Calvin developed his ecclesiological understanding of church discipline from earlier Anabaptist doctrines and leaders which he would have been exposed to intimately during his exile in Strasbourg, this article argues that Calvin had already (...) determined and articulated a well-balanced and detailed understanding of the ban before his arrival in the protestant refuge city of Strasbourg. Further, this article argues that Calvin’s sojourn and interaction with Anabaptists in Strasbourg cannot adequately explain Calvin’s ecclesiological understanding or increasing practice of Church discipline in Strasbourg or Geneva, but rather displays a vivid disparity between Calvin and the Anabaptist position on the ban which Calvin denounces as false perfectionism. (shrink)

The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: Politics, in the broader sense of living as a community, and the narrower sense of political power; Charity, how it is defined and changes in its meaning over time; Taxation, including the rationale for (...) government support of the sector through the tax system; Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector. (shrink)

This article presents some arguments against the persistence of the common law freedom to discriminate, in the disposition of property by gift or trust, whether inter vivos or testamentary, on a range of grounds like sex, race and religion. Broadly, two claims are defended. The first is that the elimination of discriminatory gifts and trusts is possible, within the bounds set by orthodox methods of common law reasoning, at least in jurisdictions where a non-discrimination norm operates at the constitutional level. (...) The second is that eliminating discriminatory gifts and trusts is desirable even from a liberal perspective that regards personal autonomy as a great value, once the function of the law of gifts and trusts as a set of power-conferring rules is brought into view. (shrink)

Explores the interactions of fiduciary law and personal and political trust in private, public and international law.