The Private Use of Public Authority: Sovereignty and Associations in the Common Law

Authors

• Arthur J. Jacobson, Benjamin N. Cardozo School of LawFollow

Publication Date

Fall 1980

Journal

Buffalo Law Review

Abstract

The article argues that the law of associations must be understood as a distribution of sovereignty to private individuals and entities, challenging the traditional view that sovereignty is solely the domain of the state. It contends that fiduciary relations, such as agency and partnership, represent a fundamental distribution of sovereignty, as they impose obligations of loyalty and prudent action on individuals acting on behalf of others. The analysis emphasizes that sovereignty is not inherently centralized but can be decentralized through legal structures that empower private associations. By examining fiduciary relations and business entities like partnerships and joint stock companies, the article advocates for a framework that integrates social responsibility into the exercise of private sovereignty.

Volume

29

Issue

4

First Page

599

Last Page

666

Publisher

State University of New York at Buffalo School of Law

Disciplines

Common Law | Housing Law | Jurisprudence | Law

Recommended Citation

Arthur J. Jacobson, The Private Use of Public Authority: Sovereignty and Associations in the Common Law, 29 Buff. L. Rev. 599 (1980).
https://larc.cardozo.yu.edu/faculty-articles/1581