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13. Aug. 2023 · The Law of Loyalty. Lionel Smith. Published: 13 August 2023. Cite. Permissions. Share. Abstract. 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.
- Lionel Smith
- I. Introduction
- II. Markovits on Lawyers, Loyalty, and Legitimacy
- III. Varieties of Internalism: Williams and Hart
- IV. The Peculiar Loyalty of Lawyers
- V. Conclusion
Daniel Markovits is the leading modern defender of loyalty in legal ethics. In his 2010 book, A Modern Legal Ethics,1 and in a more concise contribution to the Nomos volume on loyalty, entitled “Lawyerly Fidelity,”2 Markovits sets out a distinctive conception of the duty of loyalty within the lawyer-client relationship. His argument for lawyerly lo...
Loyalty in the philosophical literature is generally offered as an alternative to universal or impartial morality.5 Impartial moral considerations are detached from the connections, relationships, or commitments of particular agents.6 Loyalty emerges from a particular historically-rooted self, with its characteristic relationships and attachments.7...
Critics of impartial morality note that the reliance on universal considerations leaves obscure the relationship between these considerations and those things the agent cares about. The place of loyalty, and thus of fiduciary duties in general, in ethics is often taken to be making room for particular ties and attachments, which coexist alongside o...
The conception of lawyerly loyalty as negative capability, which Markovits refers to as fidelity, is difficult to square with the law of agency and fiduciary duty as it applies to lawyers. Markovits reads the law governing lawyers as consisting of three principles: (i) the lawyer’s obligation to act with reasonable competence and diligence to pursu...
This paper is a preliminary exploration of fiduciary theory as applied to legal ethics, and more work is required before one can say that the dual commission or the internal limitation approach is the best way to think about lawyers’ duties of loyalty. Either one of those approaches, however, builds in considerably more complexity than Markovits’s ...
- W Bradley Wendel
- 2020
Law or Loyalty is a 1926 silent film directed by Lawson Harris. [2] . It was set in Canada. [3] Plot [ edit] Davis French, a member of the Northwest Mounted Police, receives orders to relocate to the coast, preventing him from fulfilling his promise to marry his beloved, Jean Dupres.
20. Sept. 2023 · Oxford University Press, Sep 20, 2023 - Law - 496 pages. The Law of Loyalty is a study of the principles governing the use of legal powers that are held for other-regarding ends. It addresses...
A great deal of judicial and academic writing on fiduciary law—whether in the private law setting or in public law contexts—treats loyalty as the central organizing concept, often in terms of a ‘duty of loyalty’. Indeed, this is very often said to be the central feature of the common law’s fiduciary relationship.
For many jurists, the notion of loyalty evokes the common law’s fiduciary relationship and the norms that are particular to that relationship. Although fiduciary relationships represent the common law’s most thorough implementation of loyalty, the law also requires loyalty in other situations.
Explore the common legal principles underlying the use of juridical powers in public and private law, both in common law and civil law systems, in this monograph by Lionel Smith.
