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The Law of Loyalty elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others.
List of contents
- PART I: INTRODUCTION
- Chapter 1. Foundations
- PART II: ACTING FOR OTHERS IN PRIVATE LAW
- Chapter 2. Introduction
- PART II.A: THE CORE CASES OF PRIVATE LAW ADMINISTRATION
- Chapter 3. Loyalty in the Exercise of Private Law Powers of Administration
- Chapter 4. Conflicts in Relation to Private Law Administration
- Chapter 5. Attribution: Costs, Profits, and Information
- Chapter 6. Other Obligations of Private Law Administrators
- PART II.B: THE WIDENING REACH OF ADMINISTRATION IN PRIVATE LAW
- Chapter 7. The Widening Reach of Administration in Private Law
- PART II.C: THE ENFORCEMENT AND SUPERVISION OF PRIVATE ADMINISTRATION
- Chapter 8. The Enforcement and Supervision of Private Administration
- PART III: ACTING FOR OTHERS IN PUBLIC LAW
- Chapter 9. Foundations of Public Law Administration
- Chapter 10. The Enforcement and Supervision of Public Law Administration
- Chapter 11. Spheres of Public Law Administration
- PART IV: CONCLUSION
- 12: Conclusion
About the author
Lionel Smith, BSc (Toronto), LLB (Western Ontario), LLM (Cantab), DPhil, MA, DCL (Oxon), LLB (Montréal) is the Professor of Comparative Law at the University of Oxford and a fellow of Brasenose College. He previously taught at the University of Alberta (1991-2; 1994-96), Oxford University (1996-2000), McGill University (2000-2022) and the University of Cambridge (2022-24), where he was Downing Professor of the Laws of England and Director of the Cambridge Private Law Centre. At McGill, he was Director of the Paul-André Crépeau Centre for Private and Comparative Law and Sir William C Macdonald Professor. He is a Titular Member of the International Academy of Comparative Law and member of the American Law Institute, the European Law Institute, and the International Academy of Estate and Trust Law, and is a non-practising member of the Bar of Alberta.
Summary
The Law of Loyalty elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others.
Additional text
This magisterial treatise is unique, both in the range of coverage, which is vast, and in the boldness of its primary thesis.
