Hiding in plain sight: the concept of fiduciary duty in financial economics

We discuss the role of fiduciary duty in financial economics. We first demonstrate that there are different levels of depth of engagement with the content of the definition of fiduciary duty in the financial literature. Most contributors tacitly presume a narrow definition of fiduciary duty or merely mention it in passing. Only some authors provide more detailed definitions. And very few authors explicitly discuss the values at play in different definitions of fiduciary duty. The concept of fiduciary duty, while a key normative assumption underlying investment practice, seems to hide in plain sight in the current debates. We argue that deeper engagement with the concept of fiduciary duty is desirable. Such deeper engagement improves conceptual clarity, comparability across analyses, and transparency about normative assumptions. Doing so also contributes to responsible financial economics understood as the obligation to make normatively consequential assumptions explicit.

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Publication Details

Journal
Journal of Economic Methodology
Published
2026-09-11
DOI
https://doi.org/10.1080/1350178x.2026.2727840
Primary Topic
Legal principles and applications
Type
article
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article

Hiding in plain sight: the concept of fiduciary duty in financial economics

Conrad Heilmann, Koen van den Bosch, Marta Szymanowska
Journal of Economic Methodology
Legal principles and applications
article

Hiding in plain sight: the concept of fiduciary duty in financial economics

Conrad Heilmann, Koen van den Bosch, Marta Szymanowska
article en

Abstract

We discuss the role of fiduciary duty in financial economics. We first demonstrate that there are different levels of depth of engagement with the content of the definition of fiduciary duty in the financial literature. Most contributors tacitly presume a narrow definition of fiduciary duty or merely mention it in passing. Only some authors provide more detailed definitions. And very few authors explicitly discuss the values at play in different definitions of fiduciary duty. The concept of fiduciary duty, while a key normative assumption underlying investment practice, seems to hide in plain sight in the current debates. We argue that deeper engagement with the concept of fiduciary duty is desirable. Such deeper engagement improves conceptual clarity, comparability across analyses, and transparency about normative assumptions. Doing so also contributes to responsible financial economics understood as the obligation to make normatively consequential assumptions explicit.

Journal of Economic Methodology
Erasmus University Rotterdam (NL)
Reduced inequalities
Openalex Percentile: Top 2%
Legal principles and applications
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Hiding in plain sight: the concept of fiduciary duty in financial economics — Conrad Heilmann, Koen van den Bosch, et al. · Journal of Economic Methodology (2026) | TGRS Research Map | TGRS