
Contents
8 The Subtle Changes in Legal Doctrine and Interpretation
Get access-
Published:November 2005
Cite
Abstract
The past three decades can be summarized as follows. We reduced the power of morality in the law. We have emasculated the regulation of trusted persons—fiduciaries. We have weakened the laws that govern fiduciaries’ honesty, allowed them more freedom, and called the relaxing rules more efficient. But by doing so, we have reduced the efficiency of government enforcement of honesty, increased the risk of abuse, and opened the door to enormous losses to the public and the economic system. We have elevated the role of the markets in preventing abuse of trust. But by doing so, we have shifted the burden of policing fraudulent fiduciaries to the parties who dealt with these fiduciaries, such as the investors in corporate shares, and the patients of physicians. We have changed legal doctrine to reduce the burdens and stigma on embezzling fiduciaries and converted them to salespersons and contracting parties in the markets.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
September 2024 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.