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Rightly fearing that unscrupulous rulers would break them up, seize their resources, or submit them to damaging forms of intervention, strong networks of trust such as kinship groups, clandestine religious sects, and trade diasporas have historically insulated themselves from political control by a variety of strategies. Drawing on a vast range of comparisons over time and space, Trust and Rule, first published in 2005, asks and answers how and with what consequences members of trust networks have evaded, compromised with, or even sought connections with political regimes. Since different forms of integration between trust networks produce authoritarian, theocratic, and democratic regimes, the book provides an essential background to the explanation of democratization and de-democratization.
Some analysts have called distrust the biggest governmental crisis of our time. It is unquestionably a huge problem, undermining confidence in our elected institutions, shrinking social capital, slowing innovation, and raising existential questions for democratic government itself. What’s behind the rising distrust in democracies around the world and can we do anything about it? In this lively and thought-provoking essay, Donald F. Kettl, a leading scholar of public policy and management, investigates the deep historical roots of distrust in government, exploring its effects on the social contract between citizens and their elected representatives. Most importantly, the book examines the strategies that present-day governments can follow to earn back our trust, so that the officials we elect can govern more effectively on our behalf.
Trust plays a pervasive role in social affairs, even sustaining acts of cooperation among strangers who have no control over each other's actions. But the full importance of trust is rarely acknowledged until it begins to break down, threatening the stability of social relationships once taken for granted. Trust in Society uses the tools of experimental psychology, sociology, political science, and economics to shed light on the many functions trust performs in social and political life. The authors discuss different ways of conceptualizing trust and investigate the empirical effects of trust in a variety of social settings, from the local and personal to the national and institutional. Drawing on experimental findings, this book examines how people decide whom to trust, and how a person proves his own trustworthiness to others. Placing trust in a person can be seen as a strategic act, a moral response, or even an expression of social solidarity. People often assume that strangers are trustworthy on the basis of crude social affinities, such as a shared race, religion, or hometown. Likewise, new immigrants are often able to draw heavily upon the trust of prior arrivals—frequently kin—to obtain work and start-up capital. Trust in Society explains how trust is fostered among members of voluntary associations—such as soccer clubs, choirs, and church groups—and asks whether this trust spills over into other civic activities of wider benefit to society. The book also scrutinizes the relationship between trust and formal regulatory institutions, such as the law, that either substitute for trust when it is absent, or protect people from the worst consequences of trust when it is misplaced. Moreover, psychological research reveals how compliance with the law depends more on public trust in the motives of the police and courts than on fear of punishment. The contributors to this volume demonstrate the growing analytical sophistication of trust research and its wide-ranging explanatory power. In the interests of analytical rigor, the social sciences all too often assume that people act as atomistic individuals without regard to the interests of others. Trust in Society demonstrates how we can think rigorously and analytically about the many aspects of social life that cannot be explained in those terms. A Volume in the Russell Sage Foundation Series on Trust!--
Explores the interactions of fiduciary law and personal and political trust in private, public and international law.
This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.
The settlor : reserved powers and private trust companies -- Beneficial interests : protection, forfeiture, and trust termination -- Disclosure of information to the eneficiaries and letters of wishes -- Trustees' dispositive powers and discretionary trusts -- The rule in Hastings-Bass, mistake, and rectification -- Trustee exemption clauses -- Trustee liability to third parties -- Trustees' remuneration, expenses, and indemnity -- Directed trusts and delegated trusts -- Protectors -- Firewall legislation -- Asset protection trusts -- Non-charitable purpose trusts -- Trusts without equity -- Quistclose trusts
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
This volume explores the foundations of trust, and whether social and political trust have common roots. Contributions by noted scholars examine how we measure trust, the cultural and social psychological roots of trust, the foundations of political trust, and how trust concerns the law, the economy, elections, international relations, corruption, and cooperation, among myriad societal factors. The rich assortment of essays on these themes addresses questions such as: How does national identity shape trust, and how does trust form in developing countries and in new democracies? Are minority groups less trusting than the dominant group in a society? Do immigrants adapt to the trust levels of their host countries? Does group interaction build trust? Does the welfare state promote trust and, in turn, does trust lead to greater well-being and to better health outcomes? The Oxford Handbook of Social and Political Trust considers these and other questions of critical importance for current scholarly investigations of trust.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.