Philosophical Foundations of the Law of Express Trusts

by Degeling, Simone; Hudson, Jessica; Samet, Irit

• ISBN13: 9780192844934
• ISBN10: 0192844938
• Format: Hardcover
• Copyright: 2024-02-24
• Publisher: Oxford University Press

Author Biography

Simone Degeling, Professor of Law at UNSW Law, Australia, UNSW Law, Australia,Jessica Hudson, Associate Professor in Law at UNSW Law, Australia, UNSW Law, Australia,Irit Samet, Professor in The Dickson Poon School of Law, Kingâs College London, Dickson Poon School of Law, Kingâs College London

Simone Degeling is a Professor of Law at the University of New South Wales, Australia. Her main research interests are in private law specialising in equity & trusts, private law theory, remedies, the law of restitution and unjust enrichment, and the intersection of civil procedure and private law doctrine. Simone is a Fellow of The Australian Academy of Law and the General Editor of the Journal of Equity.


Jessica Hudson is an Associate Professor at the University of New South Wales, Australia, teaching and researching in private law with particular interest in equity and trusts, powers, restitution, and private law theory.

Irit Samet is a Professor in The Dickson Poon School of Law, King's College London, which she joined in 2008 after teaching in Oxford and Essex. Irit's main research interests lie in the areas of equity, property law, theory of private law, and ethics. Her monograph on the normative foundations of the law of equity was published by OUP in 2018. Irit has also published numerous papers in peer review journals, as well as in edited collections including Philosophical Foundations of Fiduciary Law (2014) and Philosophical Foundations of Property Law (2013).

Table of Contents

Express Trusts: Concepts, Justifications, and Boundaries, Simone Degeling, Jessica Hudson, and Irit Samet
1. Justificanda, Jessica Hudson and Charles Mitchell
2. Trusts, Property, and Rights, Ben McFarlane
3. The Settlor's Conscience, Sinéad Agnew
4. Trusts, Estates, and Personhood, Simon Douglas
5. Historical Conceptions of the Express Trust, c 1600-1900, David Foster
6. Express Trust: The Dark Horse of the Liberal Property Regime, Hanoch Dagan and Irit Samet
7. Freedom of Testamentary Disposition, Paul B. Miller
8. A Fresh Look at Purpose Trusts, Matthew Harding
9. Administrators as Trustees of Australian Class Action Settlements, Simone Degeling
10. Illegality, Tax in Another Jurisdiction, and an Express Trust, Ann Mumford