Paul B. Miller

John Oberdiek

Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.

Oxford Studies in Private Law Theory: Volume II

Robert H. Sitkoff

Evan J. Criddle

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

The Oxford Handbook of Fiduciary Law

"Civil wrongs occupy a significant place in private law. They are particularly prominent in tort law, but equally have a place in contract law, property and intellectual property law, unjust enrichment, fiduciary law, and in equity more broadly. For example, some tort theorists maintain that tort law is best understood as a (or perhaps the) law of civil wrongs and some contract law theorists maintain that breach of contract is a civil wrong. Civil wrongs are also a preoccupation of leading general theories of private law, including corrective justice and civil recourse theories. According to these and other theories, the centrality of civil wrongs to civil liability shows that private law is fundamentally concerned with the expression and enforcement of norms of justice appropriate to interpersonal interaction and association. Others, sounding notes of caution or criticism, argue that a preoccupation with wrongs and remedies has meant neglect of other ways in which private law serves justice, and ways in which private law serves values other than justice. The present volume comprises original papers written by a wide variety of legal theorists and philosophers exploring the nature of civil wrongs, their place in private law, and their relationship to other forms of wrongdoing. It should be of broad interest to lawyers and legal theorists as well as moral and political theorists"--

Civil Wrongs and Justice in Private Law

Andrew S. Gold

Paul B. Miller (Law teacher)

Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.

Philosophical Foundations of Fiduciary Law

From Revolutionaries to Citizens is the first comprehensive account of the most important antiwar campaign prior to World War I: the antimilitarism of the French Left. Covering the views and actions of socialists, trade unionists, and anarchists from the time of France’s defeat by Prussia in 1870 to the outbreak of hostilities with Germany in 1914, Paul B. Miller tackles a fundamental question of prewar historiography: how did the most antimilitarist culture and society in Europe come to accept and even support war in 1914? Although more general accounts of the Left’s “failure” to halt international war in August 1914 focus on its lack of unity or the decline of trade unionism, Miller contends that these explanations barely scratch the surface when it comes to interpreting the Left’s overwhelming acceptance of the war. By embedding his cultural analysis of antimilitarist propaganda into the larger political and diplomatic history of prewar Europe, he reveals the Left’s seemingly sudden transformation “from revolutionaries to citizens” as less a failure of resolve than a confession of commonality with the broader ideals of republican France. Examining sources ranging from police files and court records to German and British foreign office memos, Miller emphasizes the success of antimilitarism as a rallying cry against social and political inequities on behalf of ordinary citizens. Despite their keen awareness of the bloodletting that awaited Europe, he claims, antimilitarists ultimately accepted the war with Germany for the same reason they had pursued their own struggle within France: to address injustices and defend the rights of citizens in a democratic society.

Antimilitarism in France, 1870–1914

From Revolutionaries to Citizens

Although the questions of modernity and postmodernity are debated as frequently in the Caribbean as in other cultural zones, the Enlightenment—generally considered the origin of European modernity—is rarely discussed as such in the Caribbean context. Paul B. Miller constellates modern Caribbean writers of varying national and linguistic traditions whose common thread is their representation of the Enlightenment and the Age of Revolution in the Caribbean. In a comparative reading of such writers as Alejo Carpentier (Cuba), C. L. R. James (Trinidad), Marie Chauvet (Haiti), Maryse Condé (Guadeloupe), Reinaldo Arenas (Cuba), and Edgardo Rodríguez Juliá (Puerto Rico), Miller shows how these authors deploy their historical imagination in order to assess and reevaluate the elusive and often conflicted origins of their own modernity. Miller documents the conceptual and ideological shift from an earlier generation of writers to a more recent one whose narrative strategies bear a strong resemblance to postmodern cultural practices, including the use of parody in targeting their discursive predecessors, the questioning of Enlightenment assumptions, and a suspicion regarding the dialectical unfolding of history as their precursors understood it. By positing the Cuban Revolution as a dividing line between the earlier generation and their postmodern successors, Miller confers a Caribbean specificity upon the commonplace notion of postmodernity. The dual advantage of Elusive Origins's thematic specificity coupled with its inclusiveness allows a reflection on canonical writers in conjunction with lesser-known figures. Furthermore, the inclusion of Francophone and Anglophone writers in addition to those from the Hispanic Caribbean opens up the volume geographically, linguistically, and nationally, expanding its contribution to a nonessentialist understanding of the Caribbean in a Latin American, Atlantic, and global context.

The Enlightenment in the Modern Caribbean Historical Imagination

Elusive Origins

Contractual and fiduciary relationships are the two primary mechanisms through which the law facilitates coordinated pursuit of our personal interests. These fields are often represented in oppositional terms, and many accept the distinction that contract law allows an individual to pursue their interests independently, while fiduciary law allows an individual to pursue their interests in a dependent or interdependent way. Relying on this distinction, however, seems to suggest that the boundaries between the fields of contract and fiduciary law are fixed rather than fluid. Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, Contract, Status, and Fiduciary Law demonstrates that popular characterizations of the relationship between contract and fiduciary law are overly simplistic. By considering how contract and fiduciary law interact, and not just how they differ, the contributors to this volume offer new insights into a range of topics, including: status relationships, voluntary undertakings, duties of loyalty, equity, employment law, tort law, the law of remedies, political theory, and the theory of the firm.

Contract, Status, and Fiduciary Law

Matthew Harding

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

Paul B. Miller

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