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date: 25 October 2020

Abstract and Keywords

This chapter focuses on fiduciary principles at work in classical Jewish law. Using modern (Western) legal concepts, it places disparate halakhic rules into a rubric not found in classical Jewish legal sources. The discussion proceeds by examining the origins of fiduciary concepts in the Mishnah and how they fit into the larger system of Jewish civil liability. From there, the chapter considers fiduciary rules within the laws of bailments, guardianship fiduciary duties in agency and partnership law. The moves to contrast the relatively minimal duties of private law fiduciaries with the far more expansive obligations incumbent upon surrounding public fiduciaries, and concludes with a tentative account of the differences between Jewish and common law perspectives on fiduciary law.

Keywords: Jewish law, Mishnah, Talmud, civil liability, bailment, guardianship, trusteeship, apotropos, fiduciary duties, private law fiduciaries, public fiduciaries

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