Liberty in Loyalty

Liberty in Loyalty

Author: Evan J. Criddle

Publisher:

Published: 2017

Total Pages: 0

ISBN-13:

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Conventional wisdom holds that the fiduciary duty of loyalty is a prophylactic rule that serves to deter and redress harmful opportunism. This idea can be traced back to the dawn of modern fiduciary law in England and the United States, and it has inspired generations of legal scholars to attempt to explain and justify the duty of loyalty from an economic perspective. Nonetheless, this Article argues that the conventional account of fiduciary loyalty should be abandoned because it does not adequately explain or justify fiduciary law's core features. The normative foundations of fiduciary loyalty come into sharper focus when viewed through the lens of republican legal theory. Consistent with the republican tradition, the fiduciary duty of loyalty serves primarily to ensure that a fiduciary's entrusted power does not compromise liberty by exposing her principal and beneficiaries to domination. The republican theory has significant advantages over previous theories of fiduciary law because it better explains and justifies the law's traditional features, including the uncompromising requirements of fiduciary loyalty and the customary remedies of rescission, constructive trust, and disgorgement. Significantly, the republican theory arrives at a moment when American fiduciary law stands at a crossroads. In recent years, some politicians, judges, and legal scholars have worked to dismantle two central pillars of fiduciary loyalty: the categorical prohibition against unauthorized conflicts of interest and conflicts of duty (the no-conflict rule), and the requirement that fiduciaries relinquish unauthorized profits (the no-profit rule). The republican theory explains why these efforts to scale back the duty of loyalty should be resisted in the interest of safeguarding liberty.


Loyalty and Liberty

Loyalty and Liberty

Author: Alex Goodall

Publisher: University of Illinois Press

Published: 2013-12-15

Total Pages: 337

ISBN-13: 0252095316

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Loyalty and Liberty offers the first comprehensive account of the politics of countersubversion in the United States prior to the McCarthy era. Beginning with the loyalty politics of World War I, Alex Goodall traces the course of American countersubversion as it ebbed and flowed throughout the first half of the twentieth century, culminating in the rise of McCarthyism and the Cold War. This sweeping study explores how antisubversive fervor was dampened in the 1920s in response to the excesses of World War I, transformed by the politics of antifascism in the Depression era, and rekindled in opposition to Roosevelt's ambitious New Deal policies in the later 1930s and 1940s. Identifying varied interest groups such as business tycoons, Christian denominations, and Southern Democrats, Goodall demonstrates how countersubversive politics was far from unified: groups often pursued clashing aims while struggling to balance the competing pulls of loyalty to the nation and liberty of thought, speech, and action. Meanwhile, the federal government pursued its own course, which alternately converged with and diverged from the paths followed by private organizations. By the end of World War II, alliances on the left and right had largely consolidated into the form they would keep during the Cold War. Anticommunists on the right worked to rein in the supposedly dictatorial ambitions of the Roosevelt administration, while New Deal liberals divided into several camps: the Popular Front, civil liberties activists, and embryonic Cold Warriors who struggled with how to respond to communist espionage in Washington and communist influence in politics more broadly. Rigorous in its scholarship yet accessible to a wide audience, Goodall's masterful study shows how opposition to radicalism became a defining ideological question of American life.


Loyalty in America

Loyalty in America

Author: John H. Schaar

Publisher: Univ of California Press

Published: 2022-09-23

Total Pages: 228

ISBN-13: 0520374878

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This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1957.


Liberty and Loyalty

Liberty and Loyalty

Author: John 1697-1769 Brekell

Publisher: Legare Street Press

Published: 2021-09-09

Total Pages: 46

ISBN-13: 9781014786388

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This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


Liberty and Loyalty, Or a Defence and Explication of Subjection to the Present Government Upon the Principles of the Revolution (Classic Reprint)

Liberty and Loyalty, Or a Defence and Explication of Subjection to the Present Government Upon the Principles of the Revolution (Classic Reprint)

Author: John Brekell

Publisher: Forgotten Books

Published: 2018-01-18

Total Pages: 40

ISBN-13: 9780483307070

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Excerpt from Liberty and Loyalty, or a Defence and Explication of Subjection to the Present Government Upon the Principles of the Revolution Thirdly, ' To prove 'the oolz'gotiorz' of this duty by fome 'proper arguments. And then'conclude the whole with fome feafonahle and ufefixhreflee'tions. Fir/2, i am to con Eider the per/om to whom fubjefiion is required as due. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.