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The Fiduciary: The Overarching Contentious Concept?

  • Helen Mussell

摘要

Adopting the systematic analytical approach of the previous two chapters, the methodological framework is used to investigate the legal concept of the fiduciary—a concept which features heavily in the preceding discussions surrounding CSR and SRI—thus the suggestion that it is an overarching contentious concept. The historical development of the fiduciary is likewise traced, but this final chapter differs by investigating two debates central to the fiduciary - as opposed to scepticisms - focussing on how these debates can be explained using the methodological framework. Similarly, the contemporary politicization of the concept is investigated, and the role that economic theory has played in the concept’s evolution are elucidated.