The Law of Loyalty

The Law of Loyalty PDF

Author: Lionel Smith

Publisher: Oxford University Press

Published: 2023-05-11

Total Pages: 497

ISBN-13: 019766458X

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This monograph 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. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.

Reforming Antitrust

Reforming Antitrust PDF

Author: Alan J. Devlin

Publisher: Cambridge University Press

Published: 2021-08-19

Total Pages: 649

ISBN-13: 1009006266

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Industrial consolidation, digital platforms, and changing political views have spurred debate about the interplay between public and private power in the United States and have created a bipartisan appetite for potential antitrust reform that would mark the most profound shift in US competition policy in the past half-century. While neo-Brandeisians call for a reawakening of antitrust in the form of a return to structuralism and a concomitant rejection of economic analysis founded on competitive effects, proponents of the status quo look on this state of affairs with alarm. Scrutinizing the latest evidence, Alan J. Devlin finds a middle ground. US antitrust laws warrant revision, he argues, but with far more nuance than current debates suggest. He offers a new vision of antitrust reform, achieved by refining our enforcement policies and jettisoning an unwarranted obsession with minimizing errors of economic analysis.

The Principle of Loyalty in EU Law

The Principle of Loyalty in EU Law PDF

Author: Marcus Klamert

Publisher: Oxford University Press

Published: 2014

Total Pages: 354

ISBN-13: 0199683123

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The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.

Loyalty

Loyalty PDF

Author: George P. Fletcher

Publisher: Oxford University Press

Published: 1995-07-13

Total Pages: 224

ISBN-13: 0198023499

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At a time when age-old political structures are crumbling, civil strife abounds, and economic uncertainty permeates the air, loyalty offers us security in our relationships with associates, friends, and family. Yet loyalty is a suspect virtue. It is not impartial. It is not blind. It violates the principles of morality that have dominated Western thought for the last two hundred years. Loyalties are also thought to be irrational and contrary to the spirit of Capitalism. In a free market society, we are encouraged to move to the competition when we are not happy. This way of thinking has invaded our personal relationships and undermined our capacities for friendship and loyalty to those who do not serve our immediate interests. As George P. Fletcher writes, it is time for loyal bonds, born of history and experience, to prevail both over impartial morality and the self-interested thinking of the market trader. In this extended essay, George P. Fletcher offers an account of loyalty that illuminates its role in our relationships with family and friends, our ties to country, and the commitment of the religious to God and their community. Fletcher opposes the traditional view of the moral self as detached from context and history. He argues instead that loyalty, not impartial detachment, should be the central feature of our moral and political lives. Writing as a political "liberal," he claims that a commitment to country is necessary to improve the lot of the poor and disadvantaged. This commitment to country may well require greater reliance on patriotic rituals in education and a reconsideration of the Supreme Court's extending the First Amendment to protect flag burning. Given the worldwide currents of parochialism and political decentralization, the task for us, Fletcher argues, is to renew our commitment to a single nation united in its diversity. Bringing to bear his expertise as a law professor, Fletcher reasons that the legal systems should defer to existing relationships of loyalty. Familial, professional, and religious loyalties should be respected as relationships beyond the limits of the law. Thus surrogate mothers should not be forced to surrender and betray their children, spouses should not be required to testify against each other in court, parents should not be prevented from willing their property to their children, and the religiously committed should not be forced to act contrary to conscience. Yet the question remains: Aren't loyalty, and particularly patriotism, dangerously one-sided? Indeed, they are, but no more than are love and friendship. The challenge, Fletcher maintains, is to overcome the distorting effects of impartial morality and to develop a morality of loyalty properly suited to our emotional and spiritual lives. Justice has its sphere, as do loyalties. In this book, Fletcher provides the first step toward a new way of thinking that recognizes the complexity of our moral and political lives.

The Law of Loyalty

The Law of Loyalty PDF

Author: Lionel D. Smith

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9780197664599

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"This monograph 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. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge"--

The 7 Intuitive Laws of Employee Loyalty

The 7 Intuitive Laws of Employee Loyalty PDF

Author: Heather R. Younger

Publisher: Leadu Publishing

Published: 2017-06-27

Total Pages: 110

ISBN-13: 9780999093801

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Employee engagement and loyalty can be an elusive topic. The 7 Intuitive Laws of Employee Loyalty is a guidebook for organizational leaders looking to curate a culture that engages their teams in doing great work. This book presents the fundamental principles to develop a truly engaged and loyal workforce. Take the guesswork out of the process! You will uncover inspiring and implementable practices from page one that will leave your employees feeling energized to produce, inspired to innovate, and more compelled to stay.

The Oxford Handbook of Fiduciary Law

The Oxford Handbook of Fiduciary Law PDF

Author: Evan J. Criddle

Publisher: Oxford Handbooks

Published: 2019-05-27

Total Pages: 1028

ISBN-13: 0190634103

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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 Law of Loyalty

The Law of Loyalty PDF

Author: Lonnie Keene

Publisher: Createspace Independent Pub

Published: 2012-11-01

Total Pages: 110

ISBN-13: 9781479104611

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Do you want healthy long-lasting relationships? Would you like to build a winning team in your church or organization? Did you know that loyalty is a key to prosperity? This book has been designed to answer these questions and much more when it comes to the subject of loyalty. We live in a society where people don't put loyalty high on the priority list. The divorce rate is alarming. Professional athletes aren't as faithful to owners and fans as they were years ago and Christians move from one church to another regularly. But loyalty has its benefits. I trust that whether you're a pastor, a business leader, a political leader, a spouse, or a friend, your life will be enriched as you read The Law of Loyalty.

The Cost of Loyalty

The Cost of Loyalty PDF

Author: Tim Bakken

Publisher: Bloomsbury Publishing USA

Published: 2020-02-18

Total Pages: 401

ISBN-13: 1632868997

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A Kirkus Reviews Best Book of 2020 A courageous and damning look at the destruction wrought by the arrogance, incompetence, and duplicity prevalent in the U.S. military-from the inside perspective of a West Point professor of law. Veneration for the military is a deeply embedded but fatal flaw in America's collective identity. In twenty years at West Point, whistleblower Tim Bakken has come to understand how unquestioned faith isolates the U.S. armed forces from civil society and leads to catastrophe. Pervaded by chronic deceit, the military's insular culture elevates blind loyalty above all other values. The consequences are undeniably grim: failure in every war since World War II, millions of lives lost around the globe, and trillions of dollars wasted. Bakken makes the case that the culture he has observed at West Point influences whether America starts wars and how it prosecutes them. Despite fabricated admissions data, rampant cheating, epidemics of sexual assault, archaic curriculums, and shoddy teaching, the military academies produce officers who maintain their privileges at any cost to the nation. Any dissenter is crushed. Bakken revisits all the major wars the United States has fought, from Korea to the current debacles in the Middle East, to show how the military culture produces one failure after another. The Cost of Loyalty is a powerful, multifaceted revelation about the United States and its singular source of pride. One of the few federal employees ever to win a whistleblowing case against the U.S. military, Bakken, in this brave, timely, and urgently necessary book, and at great personal risk, helps us understand why America loses wars.

Exit, Voice, and Loyalty

Exit, Voice, and Loyalty PDF

Author: Albert O. Hirschman

Publisher: Harvard University Press

Published: 1970

Total Pages: 180

ISBN-13: 9780674276604

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An innovator in contemporary thought on economic and political development looks here at decline rather than growth. Albert O. Hirschman makes a basic distinction between alternative ways of reacting to deterioration in business firms and, in general, to dissatisfaction with organizations: one, “exit,” is for the member to quit the organization or for the customer to switch to the competing product, and the other, “voice,” is for members or customers to agitate and exert influence for change “from within.” The efficiency of the competitive mechanism, with its total reliance on exit, is questioned for certain important situations. As exit often undercuts voice while being unable to counteract decline, loyalty is seen in the function of retarding exit and of permitting voice to play its proper role. The interplay of the three concepts turns out to illuminate a wide range of economic, social, and political phenomena. As the author states in the preface, “having found my own unifying way of looking at issues as diverse as competition and the two-party system, divorce and the American character, black power and the failure of ‘unhappy’ top officials to resign over Vietnam, I decided to let myself go a little.”