Critical Trusts Law: Reading Roger Cotterrell
Nick Piška and Hayley Gibson
B & W 229 x 152 mm | Perfect Bound on White w/Matte Laminate | 242 pages | Paperback ISBN 978-1-910761-23-6 | E-book (ePDF) ISBN 978-1-910761-24-3 | 10 September 2024
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In his 1987 article, ‘Power, Property and the Law of Trusts: A Partial Agenda for Critical Legal Scholarship,’ Roger Cotterrell outlined for the first time a critical, socio-legal approach to the law of trusts. Cotterrell’s work is as important as ever in posing questions of power, property, ideology and inequality, opening new perspectives on the broader societal significance of the effects of trusts law.
This edited collection revisits themes and theoretical perspectives in Roger Cotterrell’s now canonical work, bringing the theoretical insights of sociological and critical theory to the field of trusts. Themes explored include power in trusts law and practice, trusts and moral-distancing, ideology, and wealth inequality.
The collection will be of interest to trusts scholars looking for critical reflections on trusts law, theory and practice. The collection will be useful to both academic researchers and for those teaching undergraduate and postgraduate courses on trusts law, private law theory, critical legal theory, and global capitalism.
Preface
Nick Piška and Hayley Gibson
1. An Introduction to Critical Trusts Law
Nick Piška
2. The Power of the Settlor
Jonathan Garton
3. Trusts Law and the Problem of Moral Distance
Michael Bryan
4. The Reproduction of Property through the Production of Personhood: The Family Trust and the Power of Things
Johanna Jacques
5. The Myth of the Powerless Beneficiary and Twenty-First Century Trusts
Carla Spivack
6. ‘The More He Argued, The More Technical He Became’: Trusts and Surplus Value
Adam Gearey
7. Subversion as an Agenda for Critical Trusts Law Scholarship
Mark Bennett and Adam Hofri-Winogradow
8. Tax Justice and the Abuse of Trusts
Andres Knobel
9. Trusts Law and Structural Power
T.T. Arvind and Ruth Stirton
10. Charity and Ideology
Henry Jones
11. The Gendered Trust
Lisa Sarmas
12. The Bank of England’s Directors as Trustees in Walter Bagehot’s Lombard Street
Iain Frame
13. Afterword: Trust and Critique after Three Decades
Roger Cotterrell
Nick Piška is a Senior Lecturer in Law. His work focuses on the theory, history and politics of equity and trusts law, succession and estate planning, and critical theories of private law and legal history. In 2012 Nick co-founded the Equity & Trusts Research Network which aims to bring scholars together who challenge the established and dominant modes of thought and analysis in equity and trusts and instead encourage scholarship which emphasises the political, economic, cultural and ethical aspects of equity. The Network has hosted a number of workshops since its inception, resulting in two special issues of the journal Pólemos, on equity and the resources of critique, and a collection of essays entitled Critical Trusts Law.
Nick has published in the field of trusts law, property law, legal history, and legal theory. Before joining Kent Law School, Nick taught at LSE (2005–9) and worked as a research assistant in the Property, Family and Trust Law Team at the Law Commission (2006–9).
Hayley Gibson joined Kent Law School in 2016. She holds degrees from the University of Glasgow (LL.B (Hons)) and King’s College London (Ph.D). She qualified as a Solicitor in Scotland in 2010.
Hayley’s research interests specifically include philosophical archaeology (broadly defined) and the philosophical problematisation of concept of the ‘archive’ in its relationship to law. Her PhD thesis (2016) drew comparisons between structural models of jurisprudence and Michel Foucault’s archaeological method, and her broader research concerns the relationship between historiography, ontology and the legal form. In particular, she is interested in equity as a legal form, and in the economic form of the trust, and her current research draws on the work of Cornelia Vismann, Jacques Derrida, Giorgio Agamben and Georges Bataille among others. She has written and presented on a range of related topics, including neoliberal economics and theology; space and biopolitics from the perspective of law and literature; and trusts through the lens of Agamben’s oikonomia.
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Footnote/Endnote:
Nick Piška and Hayley Gibson, eds., Critical Trusts Law: Reading Roger Cotterrell (Coventry: Counterpress, 2024).
Bibliography:
Nick Piška and Hayley Gibson, eds. Critical Trusts Law: Reading Roger Cotterrell. Coventry: Counterpress, 2024.