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Fiduciary government: Decentering property and taxpayers' interests

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UNSPECIFIED (1997) Fiduciary government: Decentering property and taxpayers' interests. SOCIAL & LEGAL STUDIES, 6 (2). 235-&.

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Abstract

This article explores fiduciary duty in the context of local government. It focuses on the way the duty currently functions - owed to local taxpayers - and the discursive possibilities of alternative formulations for progressive, critical local government practice. The article argues fiduciary duty to the taxpayer has been deployed to promote neo-conservative and neo-liberal norms. This is not simply a consequence of application but goes to the very heart of the way taxpayers' interests and the fiduciary relationship have been conceptualized. The article therefore considers alternative paradigms, including the implications of developing a fiduciary framework which centres the most vulnerable interests within a non-property-based relationship. However, while a more progressive model can clearly be developed, it does not by itself resolve difficult political questions. Radical reformulation may be useful at the level of critique, however, its combination of legal form and radical idealism may prove less productive (even counterproductive) as a normative strategy of political and legal re-visioning.

Item Type: Journal Article
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
K Law
H Social Sciences
Journal or Publication Title: SOCIAL & LEGAL STUDIES
Publisher: SAGE PUBLICATIONS LTD
ISSN: 0964-6639
Official Date: June 1997
Dates:
DateEvent
June 1997UNSPECIFIED
Volume: 6
Number: 2
Number of Pages: 24
Page Range: 235-&
Publication Status: Published

Data sourced from Thomson Reuters' Web of Knowledge

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