Semper Fi

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Quoting tim wood

Care to put arm and legs on this? What fiduciary responsibility does a parent have towards his or her child?

I think this covers it:

Quoting Cornell Law Definition.

Overview
When someone has a fiduciary duty to someone else, the person with the duty must act in a way that will benefit someone else, usually financially.

The person who has a fiduciary duty is called the fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary. If the fiduciary breaches the fiduciary duties, he or she would need to account for the ill-gotten profit. The beneficiaries are typically entitled to damages.

Corporations and Fiduciary Duties
Directors of corporations, in fulfilling their managerial responsibilities, are charged with certain fiduciary duties. The primary duties are the duty of care and the duty of loyalty.

Duty of Care
The duty of care requires that directors inform themselves “prior to making a business decision, of all material information reasonably available to them.” Smith v. Van Gorkem, 488 A.2d 858 (1985).

Whether the directors were informed of all material information depends on the quality of the information, the advice available, and whether the directors had “sufficient opportunity to acquire knowledge concerning the problem before action.” Moran v. Household Intern., Inc., 490 A.2d 1059 (1985).

Moreover, a director may not simply accept the information presented. Rather, the director must assess the information with a “critical eye,” so as to protect the interests of the corporations and its stockholders. Smith v. Van Gorkem, 488 A.2d 858 (1985).

Duty of Loyalty
The duty of loyalty means that all directors and officers of a corporation working in their capacities as corporate fiduciaries must act without personal economic conflict. As the Delaware Supreme Court explained in Guth v. Loft, 5 A.2d 503, 510 (Del. 1939), “Corporate officers and directors are not permitted to use their position of trust and confidence to further their private interest."

Duty of Good Faith
Under the duty of good faith, a corporation's directors and officers must advance interests of the corporation ans fulfill their duties without violating the law. In re The Walt Disney Co. Derivative Litig., 906 A.2d 27 (Del. 2006).

Duty of Confidentiality
Under the duty of confidentiality, a corporation's directors and officers must keep corporate information confidential and not disclose it for their own benefit. Guth v. Loft, Inc., 5 A.2d 503 (Del. 1939).

Duty of Prudence
Under the duty of prudence, a trustee must administer a trust with a degree of care, skill, and caution that a prudent trustee would exercise. Amgen Inc. v. Harris, 577 U.S. __ (2016).

Duty of Disclosure
This duty requires directors to act with “complete candor.” In certain circumstances, this requires the directors to disclose to the stockholders “all of the facts and circumstances” relevant to the directors’ decision. Amgen Inc. v. Harris, 577 U.S. __ (2016).

Charities and Fiduciary Duty
Some courts have not required officers of a charity to abide by the same rules as corporate officers. For example, an officer may be allowed to deal in a manner financially advantageous to himself or herself, so long as the charity is not subject to any expense. This does not mean, however, that an officer of a charity is permitted to divert earning capacity of his charity to himself. Boston Athletic Assoc. v. Int’l Marathons, Inc., 392 Mass. 356 (1984); Samuel & Jessie Kenney Presbyterian Home v. State, 174 Wash. 19 (1933).

Fiduciary or Confidential Relations
Certain relationships impose fiduciary duties. For example, attorneys have a fiduciary duty to their client, a principal to his agent, a guardian to his ward, a priest to his parishioner, and a doctor to his patient. Fiduciary duty is imposed whenever confidence is reposed on one side in a contractual relationship, so as to allow that side to exert influence and dominance over the other.

Further Reading
For more on the fiduciary duty, see this Florida State University Law Review article, this Florida Bar Association article, and this UCLA Law Review article.

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Reply to tim wood

Is this better?

https://www.stimmel-law.com/en/articles/fiduciary-duty-what-it-and-what-does-it-impose-upon-you

And if you're feeling courageous here's a better one:

https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=3087&context=faculty_scholarship

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Reply to tim wood

Well, my conception of what constitutes a fiduciary duty wrt. to parenting is that one always acts in the best interest of the child.

Lawyers would flip out with such a definition; but, I think that nails down the gist of the issue.

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Quoting tim wood

Yes?

Yes, I agree with everything said. No complaints or disagreement.

But, to act in the best interest of someone requires one to know what is best. So, is there some epistemic closure that can be achieved here or not?

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Quoting tim wood

By what standard? And what "what"? Nor is this trivial in a discussion of parenting.

The best interest, yes... Hmm, that's a bit hard to define.

How would you go about addressing this issue?

Quoting Wallows

I often think about this quote with respect to my mother. It's a motto used in the United States Marine [s]Core[/s] Corps

It isn't everyday that mother-love and the USMC, semper fi, and all, are rolled up together that way. I'd avoid it, myself.

The relationship between parent and child is not "fiduciary" -- which describes a relationship between a trustee and a beneficiary. The language of the USMC, and the language of trusts are not suitably applied to the relationship between a parent and a child. The relationship between parent and child is deeper than that between a trustee and the beneficiary.

Let's keep our categories distinct. The family is the family, work is work, the military is the military, banks and trusts are contradictions in terms, and so forth.

The language appropriate to family has to do with devotion and love, to caring, nurturing, and sacrifice. The abandonment of a child by his or her parent (male or female) may be a life shaping (or life-deforming) experience.

By the way, it's "corps" and not "core". And if you add an 'e' you get a corpse. I'm sure you knew that.

Reply to Bitter Crank

Hmm, I guess there's nothing wrong with a Sunday Semper Fi from son to mother.

It is all in good faith.

Reply to Wallows Really now? You've never heard of mothers abandoning their duty towards their own children, unless we're talking about crackheads, opiate addicts, and such? That's hard to believe, but even if true, that is no argument. I know for a fact that this can and does happen.

Reply to S

It's really rare.

Reply to Wallows So then why didn't you say that to begin with? Why say that you've never heard of it, and then climb down to it being really rare?

Who cares? Stop trying to make the world fit your prejudice. Mothers can betray their duty just like fathers.

Reply to S

But it's rarer for women than men. Doesn't that prove something?

Quoting Wallows

But it's rarer for women than men. Doesn't that prove something?

Something? It doesn't prove what you seem to want it to. You're not being a scientist, and this is a matter for science. If you're genuinely interested, then look into the science.

Reply to S

But, it's true!

Quoting Wallows

But, it's true!

It's just another hasty generalisation, influenced by a harmful stereotype which you're choosing to spread.

Quoting S

It's just another hasty generalisation, influenced by a harmful stereotype which you're choosing to spread.

But, women do better in schools, are nicer people, aren't backstabbers, don't go to prison nearly as much as males.

So, aren't they better than us males in some regards?

Quoting Wallows

But, women do better in schools, are nicer people, aren't backstabbers, don't go to prison nearly as much as males.

That's a mixture of fact and poorly considered opinion. Opinion which is not just ignorant, but condemnable. I don't know what your true purpose with these sort of comments is, whether you're trolling or sincere, but I don't like it.

Quoting Wallows

So, aren't they better than us males in some regards?

Again, "in some regards" is very different to more specific claims and generalisations. You're moving the goalposts again, perhaps deliberately.

My instincts are telling me that I should stop engaging you.

Reply to S

But, I'm at least looking for affirmation here. Aren't women just basically better suited for some roles than men are or are I getting this all mixed up?

Quoting Wallows

Aren't women just basically better suited for some roles than men are or are I getting this all mixed up?

And now we've taken a hard right turn. Women have their place and men theirs. Lovely.

Reply to Hanover

Maybe I'm confused, but, I think women are just as good if not better than men in some regards.

Have I spoken some heresy?

Quoting Wallows

mothers being the more caring and thoughtful nest builders

Mothers don't abandon their children as often as men do. Much, much more often than men they hold on to their offspring, doing a perfectly wretched job of caring for them, or using them as pawns for benefits or for various neurotic needs. And that's without crack or smack, booze and weed.

Ride pubic transit more often, and observe.

Quoting Wallows

Have I spoken some heresy?

It's sexist, poorly thought out, and a continuation of your ongoing nonsense about how you love your mommy.

Reply to Wallows You have. The heresy is that one sex is better than the other. Women are not more moral than men. They are merely morally and immoral, delightful and disgusting, revolting and remarkable in different ways.

Reply to Hanover I don't want to offend wallows, so I'll post this cut for you:

https://www.youtube.com/watch?v=Z6rKrO5iLZs

From the Bible to the popular song
There's one theme that we find right along
Of all ideals they hail as good
The most sublime is motherhood

There was a man though, who it seems
Once carried this ideal to extremes
He loved his mother and she loved him
And yet his story is rather grim

There once lived a man named Oedipus Rex
You may have heard about his odd complex
His name appears in Freud's index
'Cause he loved his mother

His rivals used to say quite a bit
That as a monarch he was most unfit
But still in all they had to admit
That he loved his mother

Yes, he loved his mother like no other
His daughter was his sister and his son was his brother
One thing on which you can depend is,
He sure knew who a boy's best friend is

When he found what he had done
He tore his eyes out, one by one
A tragic end to a loyal son
Who loved his mother

So be sweet and kind to mother
Now and then have a chat
Buy her candy or some flowers
Or a brand new hat

But maybe you had better let it go at that
Or you may find yourself with a quite complex complex
And you may end up like Oedipus
I'd rather marry a duck-billed platypus Than end up like old Oedipus Rex

Reply to Hanover

It was meant as sincere. Aren't women better than men at some things and likewise men at some things? I'm trying to be impartial, and this hasn't anything to do with my mother.

Reply to Bitter Crank

I just love my mom because she cares about me. I'm also advocating Carol Gilligan's and Nel Noddings ethics of care.

Quoting Wallows

I just love my mom because she cares about me. I'm also advocating Carol Gilligan's and Nel Noddings ethics of care.

Many people love their mothers, and many mothers are very caring. The same can be said for fathers. But for purposes of philosophical discussion, it would be better to weigh differences between men and women without frequent recourse (or maybe any recourse) to the virtues or lack thereof one's mother or father.

One's own parent is too small a sample, even if as a sample they loom larger than the moon in the sky. My parents have been dead for quite some time, but I loved them both, and both of them were very loving in different but equally caring ways. But that's 2 people out of 7 billion.

Reply to Wallows Take this song by Eddie Fisher from the mid-1950s. It was a big hit at the time. If Fisher was participating in this blog (he isn't cuz he's dead) would you find his testimony about his father helpful or kind of annoying?

Reply to Bitter Crank

Oh dear. I haven't looked up to my father since I was 16.

You asked me politely to not talk to you. I’m asking you politely not to write utter gibberish like this and expect no critique. This is not the same as saying men and women are different and, to some degree, better suited to this or that roel in society:

Wallows:”It's just another hasty generalisation, influenced by a harmful stereotype which you're choosing to spread.
— S”

But, women do better in schools, are nicer people, aren't backstabbers, don't go to prison nearly as much as males.

So, aren't they better than us males in some regards?

The above shows a level of trolling/stupidity/naivety/ignorance that is frankly SO extreme it’s fascinating to observe. Forget what I said about going on twitter instead. I think seeking therapy would be a better option and once you’ve done that maybe it’d be useful to take more of a back seat and think about what you post before you post it as you’re doing yourself no favours - perhaps give yourself 24hrs to reread your posts before making them public?

Reply to Wallows I'd like some Western and Eastern perspective on this. There probably is some difference between the two hemispheres and before I forget what about Africa?

Edit: I completely misread your OP. Sorry.

Are women better than men?

Yes, in some ways and no, in others.

You'd probably get the same answer if you had asked about men.

To gve you some context. It's the same question and the answer which was in favor of men that got feminism going right? We're in search of equilibrium, balance, equality I believe and not trying to swing the scales of social justice the other way.

What do you think?

Quoting Wallows

Aren't women just basically better suited for some roles than men are or are I getting this all mixed up?

They're much better at gestation.

Also tall people are better at basketball.

But why are such variations of interest to you? If you imagine that morality is to be judged by what folks have between their legs, you are a bit off-course.

Speaking of mothers, my mother was linguistically and mathematically extremely smart, but was obliged on marriage to give up her work. That was the rule at the time, because people assumed that women are just basically better suited for some roles than men - meaning childcare and domestic servant. My mother might or might not have been the exception, but wasn't given the choice.

People are getting annoyed with you because the things you are saying were used within living memory, and are still used more or less covertly to coerce people into conforming to what is at best an averaged generalised image. Women are not all the same, and some are more 'mannish' than some men. I am a man, and I am shit hot at childcare, apart from the lactating thing. So please stop imposing your 'just basic averages' onto a wonderfully various and individual world.

Quoting unenlightened

People are getting annoyed with you because the things you are saying were used within living memory, and are still used more or less covertly to coerce people into conforming to what is at best an averaged generalised image. Women are not all the same, and some are more 'mannish' than some men. I am a man, and I am shit hot at childcare, apart from the lactating thing. So please stop imposing your 'just basic averages' onto a wonderfully various and individual world.

Full disclosure, I took on the role of the dunce (yes it was intentional) to expose what I thought was something important. I haven't seen a female reply to my posts, due to perhaps not wanting to agree with me; but, some male posters sure got their jammies up over it. My work is done and I will respect the extreme plasticity of assumed gender roles which aren't mutually exclusive.

Anyone is free to call me ignorant or need therapy (what a joke), and the like. But, I will stop playing the forum dunce for now.

Reply to Wallows It’s not the topic people are bothered by. It’s the mindless stupidity of the remarks. What you’ve said is almost equivalent to saying tigers are better than lions because they’ve got stripes and don’t live in Africa (what you wrote is only slightly less idiotic than that).

Why come onto a philosopy forum playing someone with Borat level intelligence? What was the purpose? How is it different from trolling?

I wasn’t joking. The comment I quoted is monumentally ignorant and possible due to some kind of psychological disfunction (or plain stupidity). I believe there are some qualified therapists on this forum so ask them. I’m not annoyed by what you’ve written but I’m not in the habit of sitting idle and pretending it’s acceptable to write things, like what I quoted, and expect people to take it seriously.

Reply to I like sushi

I politely asked you not to comment on my psychologically ill and apparent dementia or developing Alzheimer's. So, I won't comment in return to your post.

Reply to Wallows You’ve told me nothing about your health and if you are suffering from something don’t expect people to know. It’s a free forum. If you’ve got health issues and expect special treatment without divulging them that’s not my problem.

I would say AGAIN that is probably not a fitting environment if you have such problems - seek professional advice.

Reply to I like sushi

No thanks. Hope you feel better soon.

I request that this topic is sectioned off. It's run its course and there's not much more to contribute here.