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Elucidating limited shareholder engagement: identifying ethical and epistemological factors in the fiduciary

Mussell, Helen ORCID: https://orcid.org/0000-0001-7581-9713 2019. Elucidating limited shareholder engagement: identifying ethical and epistemological factors in the fiduciary. [Working Paper]. Cambridge: Centre for Business Research, Judge Business School, Cambridge University. Available at: https://www.jbs.cam.ac.uk/wp-content/uploads/2023/...

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Abstract

The legal concept of fiduciary, from the Latin fīdūcia meaning trust, plays a fundamental role in all financial and business organisations: it acts as a moral safeguard of the relationship between trustee and beneficiary, ensuring that the beneficiaries' best interests are met. It is often referred to as a duty of care. This paper focuses on the ethics of the fiduciary, but from a unique and historical perspective, going back to the original formulation of the fiduciary within a familial context, to reveal not only why care plays a central role in the fiduciary, but to also uncover key foundational presuppositions regarding agential capabilities embedded in the trustee-beneficiary relationship. In doing so, the paper uncovers ethical issues of an epistemological kind at the core of the fiduciary. By using Miranda Fricker's theory of pre-emptive testimonial injustice, the analysis helps shed light on shareholder activism and explains limited engagement to date.

Item Type: Monograph (Working Paper)
Date Type: Published Online
Status: Unpublished
Schools: Business (Including Economics)
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
B Philosophy. Psychology. Religion > BJ Ethics
H Social Sciences > HB Economic Theory
Publisher: Centre for Business Research, Judge Business School, Cambridge University
Date of First Compliant Deposit: 21 February 2024
Last Modified: 21 Feb 2024 14:17
URI: https://orca.cardiff.ac.uk/id/eprint/166203

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