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date: 06 June 2020

Abstract and Keywords

This chapter considers new frontiers in public fiduciary law, frontiers that it argues are vast and open because public fiduciary theory, within the domain of public law, is an interpretive theory of everything. It also describes public fiduciary theory as a relatively ecumenical theory of everything that has drawn the attention of theorists with differing normative views. After explaining why public fiduciary theory is an interpretive, ecumenical theory of everything, the chapter examines five new frontiers with rich potential for development from a fiduciary perspective: various fields of national, international, and transnational public law; the relationship between fiduciary states and democracy; future generations; alternative and critical theoretical approaches to public fiduciary law; and jurisprudential inquiry into the nature of law. The theoretical approaches are compared with those used by Stephen Galoob, Ethan Leib, Evan Criddle, and Evan Fox-Decent. One such theoretical framework deals with public authority, developed by John Locke and his followers; roughly, the “Lockean tradition.”

Keywords: public fiduciary law, public fiduciary theory, public law, theory of everything, fiduciary states, democracy, future generations, theoretical approaches, jurisprudential inquiry, public authority

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