From: Jason W Neyers <jneyers@uwo.ca>
Sent: Wednesday 31 January 2024 13:14
To: obligations
Subject: ODG: Philosophical Foundations of the Law of Express Trusts
Attachments: Samet Philosophical Foundations of the Law of Express
9780192844934.pdf
Dear
Colleagues:
Congratulations
go out to ODGers Irit Samet, Simone Degeling, and Jessica Hudson on the
publication of their edited collection Philosophical Foundations of the Law
of Express Trusts with OUP: Philosophical
Foundations of the Law of Express Trusts | Oxford Academic (oup.com).
Attached you will find a discounted order form. From the description:
The trust a highly popular mode of
property-holding is seen by many as the most important innovation of the law of
equity. As such, it presents the jurist with numerous conceptual, doctrinal,
and ethical challenges: in addition to being used towards the pursuit of good,
it has also been used for ill, and the interaction of trusts law with other
laws agitates received principles of justice (distributive and inter-personal),
efficiency, and coherence in the law. Trust law remains, nevertheless,
under-theorised. While its technical and purely doctrinal aspects are being
studied fairly intensively, investigation of the foundational questions to
which it gives rise is largely missing. This volume takes an important step
towards filling this gap with the help of some of the finest scholars in the
field. The chapters in this book explore some foundational questions about the
trust with a view to initiating and encouraging further engagement and
learning. They identify different challenges and adopt a variety of methodological
approaches and perspectives towards their resolution, ranging from conceptual
questions about what is the trust and trusts law , chapters analysing the
legal and/or moral statuses of each of the settlor, trustee, and beneficiary,
to chapters questioning the moral foundations of different trusts and range of
pursuits towards which parties have deployed them.
Table of contents
Express Trusts: Concepts,
Justifications, and Boundaries
Simone Degeling and others
1 Justificanda
Jessica Hudson and Charles
Mitchell
2 Trusts, Property, and
Rights
Ben McFarlane
3 The Settlor s Conscience
Sin ad Agnew
4 Trusts, Estates, and
Personhood
Simon Douglas
5 Historical Conceptions of the
Express Trust, c 1600 1900
David Foster
6 Express Trust: The Dark Horse of
the Liberal Property Regime
Hanoch Dagan and Irit Samet
7 Freedom of Testamentary
Disposition
Paul B. Miller
8 A Fresh Look at Purpose
Trusts
Matthew Harding
9 Administrators as Trustees
of Australian Class Action Settlements
Simone Degeling
10 Illegality, Tax in Another
Jurisdiction, and an Express Trust
Ann
Mumford
Happy
Reading,
Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)
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