Reclaiming the relational ontology of the fiduciary and exploring relational ethics

Mussell, Helen ORCID: https://orcid.org/0000-0001-7581-9713 2021. Reclaiming the relational ontology of the fiduciary and exploring relational ethics. [Working Paper]. Cambridge: Centre for Business Research (CBR), Judge Business School, University of Cambridge. Available at: https://www.jbs.cam.ac.uk/wp-content/uploads/2023/...

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Abstract

Despite the omnipresence of the fiduciary in organisations, there is an omission of contemporary theorizations of this legal concept within the organisational theory literature. This is particularly surprising given the situation that the presence of ethics within the fiduciary is increasingly contested ground, with clear implications for managerial practice. This article addresses the lacuna by theorizing the fiduciary using an original ontological analysis, alongside identifying a suitable ethical framework. It argues on two grounds that the ontology of the fiduciary is inherently relational. The fiduciary’s process-oriented focus is shown to indicate an open, emergent, and relational ontology at work. Secondly, historical investigation of the development of the fiduciary highlights its core relationship structure, and the interdependency and power dynamic embedded in the fiduciary are revealed. The argument is advanced that by bringing this inherent relational ontology to the fore, we can see how a relational ethical framework - the Ethics of Care - is best placed to explicate the ethics at work. The article concludes with a discussion outlining how the ontological theorization offers utility in steering future practice of the fiduciary.

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Status:	Unpublished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 K Law > K Law (General)
Publisher:	Centre for Business Research (CBR), Judge Business School, University of Cambridge
Date of First Compliant Deposit:	21 February 2024
Last Modified:	21 Feb 2024 14:19
URI:	https://orca.cardiff.ac.uk/id/eprint/166204

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