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Journal articles on the topic 'Duty and loyalty'

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Published: 5 June 2025

Last updated: 24 June 2025

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1

TAOKA, Eriko. "Shaping and Re-shaping the Duty of Loyalty in Japanese Law." Asian Journal of Comparative Law 14, S1 (2019): S119—S146. http://dx.doi.org/10.1017/asjcl.2019.24.

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AbstractThe duty of loyalty has been notoriously vague since its introduction into Japanese law. The vagueness of the duty becomes particularly problematic because although the duty overlaps with the duty of care, a breach of each of the duties is subject to different remedial rules. By focusing primarily on duties owed by a trustee and agent, this article attempts to re-define the duty of loyalty and clarify the conceptual relationship between the duties of loyalty and care in Japanese law. The article first explains the current complexity in the scope and nature of the duty of loyalty, and the relationship between the duties of loyalty and care in corporate, trust, and agency laws in Japan. Second, borrowing ideas from Lionel Smith's account of the fundamental nature of the fiduciary duty, this article attempts to re-shape the concept of the duty of loyalty while properly differentiating it from the duty of care in Japanese law.

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2

Trubakov, Yevhen. "Decoding the fiduciary duty of loyalty." Revista Amazonia Investiga 14, no. 86 (2025): 9–17. https://doi.org/10.34069/ai/2025.86.02.1.

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The article focuses on the duty of loyalty, which is fundamental to the fiduciary relationship as a legal concept. The inseparability of fiduciary relationship and the duty of loyalty is revealed through its attributive legal nature, which is related with the exercise of derivative powers delegated to the fiduciaries and appropriation of thereof results by the beneficiaries. The study identifies loyalty as a legal standard rather than a specific duty, emphasizing the need for clarity on what constitutes "acting in the best interests" of the company. It concludes that while fiduciary loyalty involves a framework of prohibitions to safeguard beneficiary interests, the intertwining of fiduciary duties of care and loyalty, by way of introduction the good faith duty in the corporate law, complicates the doctrinal consistency of the context of this term. Ultimately, the conclusions suggest a clearer definition of fiduciary loyalty in general terms and with the incorporation of the duty of good faith in the corporate law in particular.

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3

Galoob*, Stephen R., and Ethan J. Leib*. "Motives and Fiduciary Loyalty." American Journal of Jurisprudence 65, no. 1 (2020): 41–63. http://dx.doi.org/10.1093/ajj/auaa002.

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Abstract: How, if at all, do motives matter to loyalty? We have argued that loyalty (and the duty of loyalty in fiduciary law) has a cognitive dimension. This kind of “cognitivist” account invites the counterargument that, because most commercial fiduciary relationships involve financial considerations, purity of motive cannot be central to loyalty in the fiduciary context. We contend that this counterargument depends on a flawed understanding of the significance of motive to loyalty. We defend a view of the importance of motivation to loyalty that we call the compatibility account. On this view, A acts loyally toward B only if A’s motives are compatible with A’s robustly assigning non-derivative significance to the interests of B. We show that the compatibility account describes the motivational structure of fiduciary loyalty and of loyalty as such. This account provides a realistic picture of motivation and helps respond to two broader criticisms of cognitivism: first, that attributing significance to motivation is paradoxical; second, that attributing significance to motive would make fiduciary law impossible to administer. We also show that the compatibility account can help explain features of ineffective assistance of counsel jurisprudence under the Sixth Amendment to the U.S. Constitution, which draws on the lawyer’s duty of loyalty toward the client.

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Neframi, Eleftheria. "The Duty of Loyalty: Rethinking its Scope through its Application in the Field of EU External Relations." Common Market Law Review 47, Issue 2 (2010): 323–59. http://dx.doi.org/10.54648/cola2010017.

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The duty of loyalty, or loyal cooperation, (Art. 4(3) TEE, ex Art. 10 EC) governs the interactions between the Union and national legal orders and is linked to fundamental principles, such as effectiveness, primacy and respect of the Member States’ autonomy. In the field of EU external relations, the duty of loyalty may express different facets of the Union interest. As an expression of the obligation to effectively implement common rules, the duty of loyalty permits to understand how a mixed agreement in its entirety has to be considered as a source of European Union law. Besides, the duty of loyalty implies the need to ensure the effectiveness of EU law obligations in the exercise of the Member States’ retained competence. It results from the recent case law of the Court of Justice that Member States have the obligation to eliminate not only established, but also hypothetical incompatibilities between common rules and their prior international commitments (Art. 351(2) TFEU, ex Art. 307(2)EC). Furthermore, the duty of loyalty implies an obligation for the Member States to facilitate the exercise of the Union competence. It is the basis of their obligation to refrain from adopting a unilateral position and, in some cases, to act in the interest of the Union. Finally, the duty of loyalty, through the duty of close cooperation, contributes to the fulfillment of the requirement of unity of the external representation of the European Union and its Member States.

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5

Kelly, Dorothy. "Pensions and the Duty of Loyalty." CFA Institute Magazine 22, no. 6 (2011): 24. http://dx.doi.org/10.2469/cfm.v22.n6.14.

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6

Coleman, Stephen. "The Problems of Duty and Loyalty." Journal of Military Ethics 8, no. 2 (2009): 105–15. http://dx.doi.org/10.1080/15027570903037892.

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7

Kaufman, Allen. "Managers’ Double Fiduciary Duty: to Stakeholders and to Freedom." Business Ethics Quarterly 12, no. 2 (2002): 189–214. http://dx.doi.org/10.2307/3857810.

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Abstract:In providing an ethical guide for managers, the Clarkson Principles offer one part of a possible professional code, namely, that managers have a fiduciary duty—a duty of loyalty of the corporation’s stakeholders. However, the Clarkson Principles contain little advise for managers when they act politically to fashion the regulatory framework in which stakeholders negotiate. When managers participate in these arenas, I argue that they ought to assume a second fiduciary duty—a duty of loyalty to fair bargaining. Where the first duty of loyalty pertains to the firm’s “constituents,” the second refers to the firm’s “constitution”—to the rules by which the firm’s stakeholders bargain and to the background conditions that distribute advantages. Together, these two fiduciary duties establish the large good—development as freedom—from which a managerial profession can mature.

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8

Zipursky, Benjamin C. "Loyalty and Disclosure in Legal Ethics." American Journal of Jurisprudence 65, no. 1 (2020): 83–107. http://dx.doi.org/10.1093/ajj/auaa005.

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Abstract: As fiduciaries, lawyers owe duties of loyalty to their clients, and such duties are widely understood to entail strong duties of confidentiality. This article addresses the question of whether loyalty-based duties of confidentiality preclude the legal system from imposing on lawyers duties to disclose that their clients have been engaging in financial fraud. It distinguishes two possible bases for such duties of disclosure: alleged duties of care to investors who will suffer financial harm if these frauds are not revealed, and legislative mandates requiring lawyers to report evidence of legal violations to a government institution. The latter—driven by a “gatekeeping” rationale, and illustrated here by a (failed) proposal of the United States Securities and Exchange Commission—is different in substance and structure from the former, “duty-of-care” rationale. The article argues that, while there may be good arguments based on a lawyer’s role-based duty of loyalty to a reject a duty-of-care based rationale for disclosure duties, these arguments do not defeat the gatekeeping, legislative-mandate rationales for disclosure duties. While a stringent duty of loyalty to a client may indeed conflict with the structure of duties of care to third parties, it need not conflict with a positive mandate to report legal violations.

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9

Lupoi, Alberto. "Doveri fiduciari e ESG." Trusts, no. 6 (December 1, 2022): 1090–101. http://dx.doi.org/10.35948/1590-5586/2022.221.

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Tesi Il trustee deve gestire il fondo in trust secondo il duty of care e il duty of loyalty. Quasi tutti gli Stati degli Stati Uniti hanno adottato lo Uniform Prudent Investor Act, che specifica cosa debba intendersi per duty of care nella gestione degli investimenti. In realtà, il classico riferimento allo standard dell’«uomo prudente» si è evoluto in quello dell’uomo che deve conoscere le basi delle teorie finanziarie relative al portafoglio di investimento. Trova così spazio il concetto di portafoglio equilibrato e di diversificazione dei rischi. In questa prospettiva deve essere effettuata la scelta degli investimenti da parte del trustee e non per ragioni o motivi personali seppur non in conflitto con gli interessi dei beneficiari o con le finalità del trust. Un trustee che si orienti su investimenti ESG, per motivazioni sociali o ecologistiche, contravviene il duty of loyalty in quanto privilegia un proprio interesse rispetto alla regola del «sole interest» del beneficiario e contravviene la regola del duty of care se la scelta non è stata motivata dalla gestione equilibrata del rischio. The authors’ view A trustee must manage the trust fund according to duty of care and duty of loyalty. Almost all States of the United States of America have adopted the Uniform Prudent Investor Act, which specifies what is to be understood by duty of care. In fact, the classic reference to the standard of the «prudent man» has evolved into that of the man who must know the basics of financial theories relating to the investment portfolio. Thus, the concept of a balanced portfolio and risk diversification finds its place. It is from this perspective that the trustee must managed the trust fund and not for following his personal reasons or motives even if they do not conflict with the interests of the beneficiaries or the purposes of the trust. A trustee who opts for ESG investments, for social or ecological reasons, contravenes the duty of loyalty as the trustee privileges his or her own interest over the beneficiary's sole interest and contravenes the duty of care and the duty of loyalty if the choice was not motivated by risk management needs.

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10

Torbus, Urszula. "Duty of Loyalty of an Ex-employee." Annales Universitatis Mariae Curie-Skłodowska, sectio G, (Ius) 65, no. 2 (2018): 283–300. http://dx.doi.org/10.17951/g.2018.65.2.283-300.

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11

MATSUNAGA, Yukei. "Loyalty and Filial Duty in Kukai's Works." JOURNAL OF INDIAN AND BUDDHIST STUDIES (INDOGAKU BUKKYOGAKU KENKYU) 43, no. 2 (1995): 600–606. http://dx.doi.org/10.4259/ibk.43.600.

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12

常, 晶晶. "Study on Duty of Loyalty of Director." Advances in Social Sciences 11, no. 07 (2022): 2944–49. http://dx.doi.org/10.12677/ass.2022.117403.

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13

Wieczorek, Mariusz. "The Specific Nature of the Clerical Duty of Loyalty." Studia z zakresu Prawa Pracy i Polityki Społecznej 30, no. 2 (2023): 97–105. http://dx.doi.org/10.4467/25444654spp.23.007.17888.

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Loyalty to their employer is one of the duties of civil servants, local government employees in clerical positions, and state officials Officials owe loyalty to their employer, in this case an organisation without a legal personality under Art. 3 of the Labour Code and an office as defined by administrative sciences. The clerical duty of loyalty cannot be restricted to the other party to the employment relationship, however. Given the importance of the Polish nationality to the contracting and continuation of clerical employment relationships, officials must be assumed to owe loyalty to the state and public institutions. The clerical loyalty to the Republic of Poland should be seen as a materialisation of the constitutional duty of a citizen’s allegiance to a state. Due to the importance of an act of will to the deprivation of Polish citizenship, the discontinuation of a clerical employment relationship is necessary.

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14

Orgad, Liav. "Liberalism, Allegiance, and Obedience: The Inappropriateness of Loyalty Oaths in a Liberal Democracy." Canadian Journal of Law & Jurisprudence 27, no. 1 (2014): 99–122. http://dx.doi.org/10.1017/s084182090000624x.

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The Article examines the wisdom of loyalty oaths as a legal institution in contemporary liberal democracies. First, using comparative analysis the Article highlights the growing global interest in loyalty oaths. Second, based upon historical evidence the Article explores the functions of loyalty oaths and assesses their role. Third, through using legal analysis the Article challenges the validity of loyalty oaths and identifies three fundamental problems related to their content and form: the rule of law, freedom of conscience, and equality.The Article reveals liberal concerns associated with the added value of the duty of “loyalty to the law” (allegiance), as distinct from the duty to “obey the law” (obedience). It presents an ongoing tension between loyalty and liberalism and argues that the more loyalty liberal democracies demand, the less liberal they become. The Article concludes that loyalty oaths yield high costs but have low benefits and suggests that liberal states should abandon them as a legal institution.

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15

Łaguna, Łukasz. "EMPLOYEE LOYALTY IN RELATION TO THE WHISTLEBLOWER DIRECTIVE." Roczniki Administracji i Prawa specjalny II, no. XXI (2021): 321–29. http://dx.doi.org/10.5604/01.3001.0015.6404.

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The whistleblower protection directive may have a significant impact on the essence of understanding employee loyalty in employment relationships. In this paper I argue that the possibility of whistleblowing does not contradict employee duties as expressed in Article 100 § 2 section 4 of the Labor Code. In my opinion, the thesis should be put forward that the employee’s duty of loyalty is limited to the employer’s lawful actions. It would be unacceptable to state that the employment relationship restricts the employee’s freedom of speech in the sense that it prohibits the employee from opposing the employer’s unlawful conduct. Moreover, in my view, the employee’s duty of loyalty should be interpreted in such a way that it is horizontal in nature. This is because it refers to business relations between market entities. The doctrine and judicature extensively describe breaches of the duty of loyalty by employees in the context of horizontal relationships, relating to other market players, particularly those engaged in competitive activity (the unit-unit relationship). In contrast, the provisions of the Directive on the protection of whistleblowers are vertical standards, relating to the relationship between the individual and the state (public interest). Thus, in my view, the duty of loyalty to the employer cannot outweigh the possibility of acting in the public interest, which is emanated by the provisions of the Directive.

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16

Krtoušová, Lucie Novotná. "The Duty of Loyalty Imposed on a Company Director: A Comparison between Czech and English Law." Review of Central and East European Law 44, no. 1 (2019): 1–30. http://dx.doi.org/10.1163/15730352-04401001.

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The aim of this contribution is to critically analyze the substance of the duty of loyalty imposed on a director of a company by the New Civil Code and the Business Corporation Act, which came into force in the Czech Republic on 1 January 2014, and consider the consequences of a breach thereof. The interpretation of recodified Czech private law is ambiguous and conflicting and there is neither consistent interpretation nor any case law, while at the moment it is not clear to what extent existing case law applies to these laws. This comparative analysis of the Czech and English concepts of the duty of loyalty aims to indicate a possible interpretation of the transplanted duty of loyalty and discuss theoretical issues connected with directors’ liabilty in recodified Czech private law.

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17

邵慶平, 邵慶平. "忠實義務的相對化". 月旦法學雜誌 337, № 337 (2023): 51–64. http://dx.doi.org/10.53106/1025593133704.

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18

Pinior, Piotr. "Duty of loyalty and due care of the board member under Polish law." Review of European and Comparative Law 51, no. 4 (2022): 7–23. http://dx.doi.org/10.31743/recl.14578.

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Duty of loyalty and due care of the board’s members have been lately introduced to the provisions of the Polish Commercial Companies Code. This paper aims to define the duty of loyalty and due care of the board members, as presented in the Polish doctrine, as well as in the British, Spanish, and German laws. Additionally, the impact of the new provisions on the liability of the board members shall be described.

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19

Miglio, Alberto. "Differentiated integration and the principle of loyalty." European Constitutional Law Review 14, no. 3 (2018): 475–98. http://dx.doi.org/10.1017/s1574019618000275.

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Differentiated integration – Internal and external differentiation – Duty of loyalty – Loyalty as a constraint on differentiation – Agreements between member states – Unity of Union action – Relationship between enhanced cooperation and inter se agreements

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20

Srivastava, Paridhi. "A Sustainable and Inclusive Capitalist’s Epoch: A Modern Economic and Investment Theory for the Benefit of Our Common Future?" Business Law Review 41, Issue 5 (2020): 187–98. http://dx.doi.org/10.54648/bula2020117.

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Re-allocation of capital in the economy is important to align the attention of the economic and investment environment from short-term profit generation at the cost of sustainable development to long-term value creation amidst the greatest social and environmental changes of our time. This article is set in the context of the growing awareness amongst economic actors, such as institutional investors who play an important role in the allocation of capital in the economy in the first place, on the need to encourage sustainable and inclusive capitalism using an Environmental, Social and Governance centric (ESG) investing approach to help achieve the goals of sustainable development. Nevertheless, a majority of institutional investors across the world consider ESG investing as a sheer moral obligation, which often creates a conflict with their fiduciary duties. This article seeks to analyse the conflict between the fiduciary duty (before and according to law) of loyalty and care owed to beneficiaries and a correlative duty (beyond and besides the law) of loyalty and care to promote sustainable development owed to future generations. An investor’s palpable dilemma: How does one draw a line between this duty and that duty? This article argues for application of the casuistry theory, an antiquated and uncredited art of moral reasoning, to reinterpret the modern prudent investor rule and bring the duty to promote sustainable development within the framework of the legally binding fiduciary duty owed to beneficiaries. This article will further scan the evolving legal jurisdiction of India, an important player in achieving the goals of sustainable development, on the adequacy of disclosures of ESG risks and performance indicators in the Indian capital markets compared to the developments in the UK, EU and USA, so as to disentangle the blurred lines between the causation and correlation of ESG performance with the financial performance of a company. environmental, social and governance centric investing approach (ESG investing), sustainable development, fiduciary duty of loyalty and care, correlative duty of loyalty and care, casuistry theory

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Naftali Ben Zion, Yifat. "Moving Along the Continuum of Loyalty From a Standard Towards Rules." Canadian Journal of Law & Jurisprudence 35, no. 1 (2022): 187–221. http://dx.doi.org/10.1017/cjlj.2021.19.

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AbstractThis article focuses on the location of the duty of loyalty—a unique legal norm in Common Law jurisdictions—both actual and desirable, on the continuum between rules and standards. A rule is a relatively ‘closed’ technical norm, at a high level of specificity; it requires little judicial discretion. A standard is an ‘open’ norm, with a greater degree of flexibility, that requires the exercise of discretion. The insights from this jurisprudential perspective are used to reveal the preferred way for further developing the duty of loyalty. The article explains that ‘loyalty,’ intuitively classified as a ‘pure’ standard, has been reconstructed over time as more specific rules. Moreover, it suggests that, ideally, this movement should continue; namely, when applying loyalty to a specific case, courts should include informative content that would promote predictability. It then illustrates that, unfortunately, this road is not always taken by the courts. A decision to retain loyalty as an ad hoc standard, or an inverse attempt to delineate the boundaries of this norm, has implications on the certainty, consistency, and ethical content of the law. Considering that this duty spreads across different legal fields, personal and commercial, the significance of this discussion becomes all the more evident.

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Wieczorek, Mariusz. "Duty of Loyalty of the Employment Relationship Parties." Annales Universitatis Mariae Curie-Skłodowska, sectio G, (Ius) 65, no. 2 (2018): 301–14. http://dx.doi.org/10.17951/g.2018.65.2.301-314.

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SungPill Kim and 이기욱. "Delaware Corporate Law and Expanding Duty of Loyalty." Journal of Law and Politics research 15, no. 1 (2015): 399–426. http://dx.doi.org/10.17926/kaolp.2015.15.1.399.

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Bunting, William C. "A Simple Model of Corporate Fiduciary Duties: With an Application to Corporate Compliance." Review of Law & Economics 17, no. 3 (2021): 583–614. http://dx.doi.org/10.1515/rle-2021-0013.

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Abstract This article models the duty of care as a response to moral hazard where the principal seeks to induce effort that is costly to the agent and unobservable by the principal. The duty of loyalty, by contrast, is modeled as a response to adverse selection where the principal seeks truthful disclosure of private information held by the agent. This model of corporate loyalty differs importantly with standard adverse selection models, however, in that the principal cannot use available contracting variables as a screening mechanism to ensure honest disclosure and must rely upon the use of an external third-party audit technology, such as the court system. This article extends the model to the issue of corporate compliance and argues that the optimal judicial approach would define the duty to monitor as a subset of due care – and not loyalty – but hold that the usual legal protections provided for due care violations no longer apply.

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Keogh, Richard A. "‘from education, from duty, and from principle’: Irish Catholic loyalty in context, 1829-1874." British Catholic History 33, no. 3 (2017): 421–50. http://dx.doi.org/10.1017/bch.2017.5.

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The passage of the Emancipation Act in 1829 presented an opportunity for Catholics to reimagine their loyalty as equal subjects for the first time under the union between Great Britain and Ireland. This article explores the way Catholic loyalty was conceived in the decades that followed the act of 1829 through to the mid 1870s, when there was renewed focus on the civil allegiance of Catholics following the declaration of Papal infallibility. Historians are increasingly exploring a range of social, political and religious identities in nineteenth century Ireland, beyond the rigid binary paradigm of Catholic nationalisms and Protestant loyalisms that has dominated Irish historiography. However, Catholic loyalty in particular remains an anachronism and lacks sufficient conceptual clarity. Our understanding of a specifically Catholic variant of loyalty and its public and associational expression, beyond a number of biographical studies of relatively unique individuals, remains limited. By providing an exposition of episodes in the history of Catholic loyalty in the early and mid-Victorian years this article illuminates the phenomenon. It demonstrates that Irish Catholic loyalty took on different expressive forms, which were dependent on the individuals proclaiming their loyalty, their relationship to the objects of their loyalty, and its reception by the British state and Protestant establishment.

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Randels, George D. "Loyalty, Corporations, and Community." Business Ethics Quarterly 11, no. 1 (2001): 27–39. http://dx.doi.org/10.2307/3857867.

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Abstract:Some recent discussions of corporate loyalty have found it misguided, while others see it as crucial for financial success. There is also disagreement over the nature of loyalty. This article analyzes the concept of loyalty, arguing that it is neither a duty nor a virtue (although it has overlaps with those categories), but a passion related to various virtues (and vices). Contrary to standard accounts of capitalism, loyalty does not necessarily oppose self-interest. Furthermore, corporations can and should be communities, and insofar as they are, they are proper objects for loyalty. If corporations are not communities, then loyalty to them cannot exist.

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Djonga, Pierre. "Devoir de Loyauté et Exécution Forcée: Réflexion sur le Solidarisme Procédural." International Journal of Procedural Law 10, no. 2 (2020): 365–91. http://dx.doi.org/10.1163/30504856-01002012.

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The requirements of modern procedural law require reflection on the necessary respect for the duty of loyalty in matters of forced execution and procedural solidarity. In this regard, we note that non-observance of the duty of loyalty and the principle of proportionality by the parties and the actors of the forced execution is penalised. Since the principle of procedural fairness tends to acquire autonomous importance, disloyalty must be penalised, wherever it comes from. The prohibition of abusive and unjustified measures is part of this, for example. However, there are a number of burdens which hamper the observance of the duty of loyalty and the effectiveness of procedural solidarity, in particular the upsurge in abusive measures and the excess of zeal of certain actors of forced execution. Therefore, legislative reform accompanied by a real change of mentality is necessary. The aim is to view forced execution not as a test of strength, but as a shared undertaking in which solidarity prevails between the parties. Clearly, better a bad negotiated execution than a difficult, long and costly forced execution.

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Dotevall, Rolf. "Is a Common Structure of Company Directors Duties Evolving in EU?" European Business Law Review 27, Issue 2 (2016): 285–94. http://dx.doi.org/10.54648/eulr2016013.

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As opposed to other areas of company law, directors’ duties have not been the subject of any extensive harmonization at the European level. The system of directors’ duties in the EU continues to be characterized by a variety of approaches and legal strategies. However, the practical effect of the legal strategies deployed in the Member States, which have been in focus, is often quite similar. A very good example is the business judgment rule. The duty of loyalty shows greater variance than the duty of care. In UK law directors’ duties are regulated in quite detailed manner, especially the duty of loyalty. But in Germany, France and the Scandinavian countries the duties are not comprehensively regulated and the law relies on general principles based on fiduciary and agency laws.

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Sobolievska, Liubov. "THE CONCEPT OF LOYALTY IN THE PHILOSOPHY OF JOSIAH ROYCE." Bulletin of Taras Shevchenko National University of Kyiv. Philosophy, no. 11 (2024): 37–41. https://doi.org/10.17721/2523-4064.2024/11-7/13.

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B a c k g r o u n d . The article explores the concept of loyalty in the philosophy of Josiah Royce, focusing on its potential understanding and application in its original meaning as formulated by the author within moral philosophy and corporate ethics. M e t h o d s . The research is based on an analysis of Josiah Royce's work "The Philosophy of Loyalty" (1908) and a brief review of critical literature on this subject. It examines the connection of loyalty with moral autonomy, duty, and individual self-expression in Royce's philosophy of loyalty. R e s u l t s . Loyalty, as understood by Josiah Royce, is defined as an ethical principle involving voluntary and devoted service to a cause that transcends personal interests while avoiding fanaticism or blind submission. Josiah Royce seeks to detach this concept from its traditional associations in "The Philosophy of Loyalty". The study demonstrates how Josiah Royce attempts to restore the old meaning of loyalty, distinguishing it from synonymous terms such as "faithfulness", "devotion", or "allegiance", which are often narrowly linked with loyalty to a sovereign. C o n c l u s i o n s . It is established that in "The Philosophy of Loyalty", Josiah Royce sought to restore the original meaning of loyalty, which extends far beyond its synonymous association with devotion in the context of patriotism, service, or sacrifice. Loyalty can be manifested in various forms, including patriotic, religious, and professional form. Loyalty plays a decisive role in moral development, helping individuals identify their duty and define themselves both as unique individuals and as members of a community united by a shared cause. Josiah Royce aimed to counter prevailing trends of individualism: loyalty and individual autonomy are not opposites, they are complementary categories, and loyalty fosters individuality by ensuring harmony between the personal and the social.

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Attenborough, Daniel. "The neoliberal (il)legitimacy of the duty of loyalty." Northern Ireland Legal Quarterly 65, no. 4 (2019): 405–28. http://dx.doi.org/10.53386/nilq.v65i4.224.

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The reformulated duty of loyalty now found in s 172 of the Companies Act 2006 has been seen as imprecise or an ambiguous development for directors’ duties. It has generated debate about what is the best reading of the duty, the most fundamental aspect of which is whether this behavioural standard obliges a narrow focus on financial capital or a broader notion of well-being and inclusiveness amongst nonshareholder interests. This article argues that the law as a privileged and constitutive way of society-making can only be understood within a broader conceptual framework rather than the more traditional expository analysis of law. The context in which such an analysis takes place is that of the anti-collectivist, marketbased political project of neoliberalsm. When viewed through this explanatory lens, we see very clearly that English legal doctrine codifies an embedded relationship between managers and shareholders. In doing so, the article shows that the extraction of private benefits of control by shareholders is not an inevitable occurrence, but a decades-long, human-created and contingent phenomenon. While non-shareholder interests are introduced into the duty, this precatory element is merely a potential source of legitimacy to the ideology of the company as a private, exclusively shareholder-oriented enterprise.

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Lewandowicz-Machnikowska, Monika. "Non-competition Clause and the Duty of Employee Loyalty." Annales Universitatis Mariae Curie-Skłodowska, sectio G, (Ius) 65, no. 2 (2018): 117–27. http://dx.doi.org/10.17951/g.2018.65.2.117-127.

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Auer, Ádám, and Tekla Papp. "The Solution of Hungarian Company Law in Connection with Duty of Care and Duty of Loyalty." AUC IURIDICA 68, no. 3 (2022): 49–61. http://dx.doi.org/10.14712/23366478.2022.35.

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The tasks and duties of a company’s directors are diverse and varied in companies. Among these, the duty of care and duty of loyalty is generally widespread in European company law. Our contribution to this topic focuses on company law provisions, legal practice, and professional opinions in Hungary. We do not deal with the sanctioning harmful activity of the director in bankruptcy and compelled cancellation procedures.

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Wen, Shuangge, and Jingchen Zhao. "Trends and Development of the Directors’ Duty of Loyalty in China: A Case Analysis." Sustainability 13, no. 15 (2021): 8589. http://dx.doi.org/10.3390/su13158589.

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Covering a central theme in corporate law development, this paper discusses the pragmatic utility of the common-law-originated duty of loyalty of company directors in the civil law context of China. The reception of legal transplantation in a host environment remains a contentious theme, and it seems to be an opportune time to study relevant cases that have been adjudicated since China’s statutory inauguration of the directors’ duty of loyalty in 2005, in the sense that more than 10 years of practice has resulted in ample evidence on the practical effects of this transplanted duty. Through an analysis of 526 cases on the basis of eight attributes, we discovered some commendable features, including increasing accessibility of the law and a differentiation of various types of directors’ duties of loyalty. Meanwhile, the selective adoption norm customary to Chinese culture has to a certain extent compromised the intended goals of greater legislative clarity, judicial consistency and in turn balanced and sustainable businesses, demonstrated in several incompatibilities between transplanted duties and domestic legal institutions. Reshaping the conventional transplantation ideal that commercial laws are easily transferable, the paper suggests the construction of a broad collateral regime for greater congruence between laws and existing institutions.

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Taggart, Gabel, and Mary Grace Bedwell. "Extending Exit, Voice, and Loyalty: Managing Dissent in Public Lands Agencies." Journal of Public and Nonprofit Affairs 9, no. 1 (2023): 53–72. http://dx.doi.org/10.20899/jpna.9.1.53-72.

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This paper examines employee responses to dissatisfaction and dissent in four federal public lands agencies as they react to controversial policies. Guided by data from semi-structured interviews, it suggests new theoretical categories for describing dissenting behaviors along the dimensions of work engagement (e.g., high and low) and intent (e.g., destructive, neutral, or constructive). These dimensions combine to describe the specific behaviors of sabotage, neglect, high engaged duty, low engaged duty, passive helpfulness, and overachievement. This research also confirms and adds nuance to past work on employee dissent.

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Orłowski, Łukasz. "The Principle of Loyalty in the Contractual Relationship: Insurance Seeker –Insurance Intermediary – Insurer." Prawo Asekuracyjne 2, no. 115 (2023): 55–71. http://dx.doi.org/10.5604/01.3001.0053.7629.

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Having attempted to define the duty of loyalty of the parties to the tripartite relationship: insurance seeker – insurance intermediary – insurer, the author of the article tries to answer the question whether it can be classified as an obligation of increased trust. He applies the dogmatic as well as empirical legal methodologies in order to implement the previous research hypotheses. The perception of loyalty varies from obligation to obligation. This duty intensifies in relationships based on cooperation and broadly understood intermediation, which is characterised by decision-making freedom of the ordering party before the conclusion of the contract with a contractor specified by the intermediary and independence of the insurance broker’s activities. The formula is based on a significant risk and trust at the same time. Firstly, insurance brokers do not know whether the presented offer will satisfy insurance seekers and, secondly, they cannot be sure if their offer will be finally accepted. Therefore, on the one hand, the duty of loyalty requires the intermediaries to provide extensive information about all the circumstances of the potential transaction, and, on the other hand, the same duty burdens the insurance customers with the obligation to confirm the actual situation caused by the insurance broker, in which the intended goal has been achieved. All in all, the intermediary’s purpose can only be accomplished with the participation of the insurance seeker. The aim of the article is to develop the model for the proper implementation of the tripartite obligation relationship, consisting of the entity seeking insurance cover, insurance intermediary and insurer.

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Lee, Choong-Kee. "Directorsʼ Mandate Duty, Loyalty Duty and Fairness Duty in the Context of Mergers, Divisions, Shares-Exchange and Other Restructuring Context". Commercial Law Review 43, № 3 (2024): 317–48. https://doi.org/10.21188/clr.43.3.8.

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Ahmed, Bilal, Areeba Suleman, Hamza Akram, and Asif Moin Qureshi. "Airport Retail: A Growing Non-Aviation Enterprise Examining Influencers on Traveler Loyalty." Jurnal Aplikasi Manajemen, Ekonomi dan Bisnis 9, no. 1 (2024): 75–87. https://doi.org/10.51263/jameb.v9i1.225.

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The rising demand for air travel, which is expected to double by 2035, will likely lead to substantial growth in airport duty-free shopping. The IATA estimates that 7.2 billion passengers will travel by air by that time (IATA, 2016). A survey conducted at Lahore International Airport, based on 100 responses, revealed that perceived value, personality, service quality, and satisfaction are significant factors influencing traveler loyalty to duty-free shopping, with satisfaction playing a mediating role. Although this study is limited to one airport with a small sample size, future research should extend to other airports across Pakistan for broader applicability. These findings provide aviation professionals with valuable insights to enhance traveler loyalty and increase non-aviation revenue streams, leading to financial growth and optimization.

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Lewandowska, Ewa. "Loyalty in Civil-Law Relationships as Found in the Polish Law." Bratislava Law Review 4, no. 1 (2020): 33–42. http://dx.doi.org/10.46282/blr.2020.4.1.169.

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This paper discusses manifestations of loyalty as found in selected civil-law regulations, as well as the possible consequences of disloyalty, either during negotiations or for the duration of the obligation relationship, and as exemplified by Actio pauliana. Furthermore, it explores situations where ‘contractual’ loyalty stands in conflict with behaviour loyal towards other participants in the economy. It has been established that the categories of norms wherein broadly understood loyalty plays a special role are a part of the civil-law principles. It has been demonstrated that due to the unique nature of each situation, the introduction of the duty of loyalty as a general directive would be undesirable.

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Lepinskas, Ron. "The NLRA and the Duty of Loyalty: Protecting Public Disparagement." University of Chicago Law Review 60, no. 2 (1993): 643. http://dx.doi.org/10.2307/1600081.

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Kim, Jungyeun. "Nonprofit organization director's conflict of interest and duty of loyalty." Commercial Law Review 38, no. 1 (2019): 1–48. http://dx.doi.org/10.21188/clr.38.1.1.

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Gould, Eliga H., and Rose A. Melikan. "John Scott Lord Eldon, 1751-1838: The Duty of Loyalty." Albion: A Quarterly Journal Concerned with British Studies 32, no. 3 (2000): 509. http://dx.doi.org/10.2307/4053944.

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Slattery, Karen L. "Loyalty, harm and duty: PBL in a media ethics course." Public Relations Review 28, no. 2 (2002): 185–90. http://dx.doi.org/10.1016/s0363-8111(02)00125-x.

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Song, JeongRan. "The Transformation of Revenge Discourse from King Seonjo to King Yeongjo: From Moral Duty to Political Rhetoric." Institute of History and Culture Hankuk University of Foreign Studies 94 (May 31, 2025): 107–34. https://doi.org/10.18347/hufshis.2025.94.107.

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This study analyzes the transformation of discourse on revenge from the reign of King Seonjo to King Yeongjo in the Joseon dynasty, through the framework of a shift “from duty to politics.” During the Imjin War under King Seonjo, revenge was driven by ethical values such as filial piety and loyalty. As the enemy was clearly defined and shared by the people, officials, and the monarch alike, the state was able to institutionalize the desire for revenge, even envisioning the formation of a “revenge army” as a feasible collective project. However, under King Hyeonjong, this discourse reached a turning point. The case of Kim Mangyun reveals a conflict between the private duty to avenge one’s grandfather and the public duty of loyalty to the Joseon state, which maintained tributary relations with the Qing dynasty. The resulting debate over public versus private righteousness (公義 vs. 私義) illustrates that revenge was no longer a purely moral obligation, but rather a matter of political judgment involving diplomacy, national loyalty, and individual ethics. By the time of King Yeongjo, revenge was no longer discussed as a practical or moral issue. Instead, the term bokguseolchi (復讐設置, institutional revenge) had been repurposed as a rhetorical tool within partisan strife, used to assert political legitimacy. Thus, revenge discourse in the late Joseon period evolved from a concrete social duty into a politicized concept, reflecting broader shifts in the political and ethical sensibilities of the era. This study aims to trace the internal transformation of the concept of revenge and its role as a discursive instrument throughout this period.

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Sprott, Sandra L. "Will the Correct Legal Standard Please Step Forward: When Should an Employer's Affirmative Duty under ERISA to Disclose Potential Plan Changes Kick-In?" Texas Wesleyan Law Review 11, no. 1 (2004): 189–223. http://dx.doi.org/10.37419/twlr.v11.i1.9.

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In sum, this Comment examines whether ERISA imposes an affirmative obligation on employer-fiduciaries to disclose proposed changes in their employee benefits plans and when that duty to disclose arises. Part II provides a historical perspective of ERISA and the duty to disclose. Part III examines when an employer is considered a fiduciary under ERISA. Part IV explains ERISA's reporting and disclosure requirements and its impact on the duty to disclose proposed changes. Part V takes into consideration the duty of loyalty. Part VI analyzes the two conflicting standards. Ultimately, after a detailed analysis, Part VII of this Comment concludes that the minority's fact-specific approach is the better standard in evaluating breach of employer fiduciary duties under ERISA.

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De Baere, Geert, and Timothy Roes. "EU LOYALTY AS GOOD FAITH." International and Comparative Law Quarterly 64, no. 4 (2015): 829–74. http://dx.doi.org/10.1017/s0020589315000421.

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AbstractComparing the EU law principle of loyalty with international law good faith and the duty of federal good faith in German constitutional law (Bundestreue), this article contributes to the discussion on the nature of the EU legal order and its relationship to international law more generally by finding that EU loyalty is in essence a specific incarnation of the international law principle that treaties are to be interpreted in good faith. At the same time, it challenges the assumption that international law good faith differs fundamentally from federal good faith. To this end, the article points at historical links between both, and posits that good faith is in essence a principle of constructive interpretation, the strictures of which increase with the level of integration of the legal order in which it is applied.

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Sison, Lisa V., and Brian H. Kleiner. "Differences between company officers and company executives." Management Research News 24, no. 3/4 (2001): 157–61. http://dx.doi.org/10.1108/01409170110782801.

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Considers the nature of the modern corporate structure and the divorce of ownership from control. Discusses the board’s role versus the management’s role. Looks at hiring and appointing. Covers specific responsibilities of corporate executives and compares this with the role of corporate officers. Addresses the duty of loyalty and the duty of care. Provides some guidelines for performance of duties by boards and officers. Suggests some initiatives which can build the effectiveness of the board of directors.

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Dodek, Adam. "Conflicted Identities: The Battle over the Duty of Loyalty in Canada." Legal Ethics 14, no. 2 (2011): 193–214. http://dx.doi.org/10.5235/146072811798828521.

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김현경. "A Study on Director's Duty of Loyalty in the Commercial Law." CHUNG_ANG LAW REVIEW 14, no. 1 (2012): 147–72. http://dx.doi.org/10.21759/caulaw.2012.14.1.147.

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Pellegrino, Edmund D. "Societal duty and moral complicity: The physician's dilemma of divided loyalty." International Journal of Law and Psychiatry 16, no. 3-4 (1993): 371–91. http://dx.doi.org/10.1016/0160-2527(93)90004-x.

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Siimets-Gross, Hesi. "Duty of Loyalty to the State or the ‘Polish Section’ in the 1937 Estonian Constitution." Miscellanea Historico-Iuridica 20, no. 2 (2021): 113–28. http://dx.doi.org/10.15290/mhi.2021.20.02.08.

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There is a common comparison between the constitutions of the authoritarian regimes of Poland (1935) and Estonia (1937). The ideological model of the 1937 Estonian Constitution, especially in the section on loyalty to the state, was the 1935 Polish Constitution; for this reason, this section was also called the ‘Polish Section’. Compared to the first, 1920 Estonian Constitution, the 1937 Constitution was much more restrictive of basic rights, in particular through its general orientation and attitude. It was precisely in this that the so-called “loyalty to the state” section (§ 8) played a special role, affecting the whole chapter by its very nature, because it could, in its wording – and according to the example of Poland – constitute a general border clause on fundamental rights and freedoms. This article analyses specifically the ‘loyalty to the state’ section but first a short overview about historical background will be given. Secondly, the drafting of the section 8 of the Estonian Constitutions in the committees’ will be described and analysed, and thirdly, the discussions in the National Assembly will be summarized.

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