sparr: (Default)
 https://definitions.uslegal.com/b/breach-of-fiduciary-duty/
 
It has become apparent to me that a lot of people are entirely unaware of this concept. Even among people that I know who are aware of it, they seem to be generally unable to incorporate it into their perception of others' actions.
 
Normally I would be very general in a post like this, but I want to open with an example that is at the forefront of my life right now, in the hopes of giving you something to anchor your thoughts to. That example is as follows:
 
As a board member, I have a **legal obligation** to prioritize the success of the Loophole project over any individual's feelings or the health of my own relationships.
 
I am not going to go into the history of fiduciary law here. If you want more details on that there are plenty of legal resources online. If you object to this duty existing, you will need to take that up with about a thousand years worth of judges and legislators.
 
My purpose in this post is to discuss my approach to obligation and duty and responsibility more generally. Before I had ever heard of fiduciary duty, and before I was mature enough to grasp legal concepts and jargon, I was raised according to what I now recognize are the same core concepts that lead to those laws. The duty that a fiduciary has to their client, I feel to some degree to every person and project to which I apply myself.
 
When I say I'm going to get a project done, I'm going to prioritize it over other things and people that I have not made the same commitment to. When I say I'm going to protect you, it may be at my own expense or harm to myself.
 
This shows even more intensely when the other people have made the same commitment, and I have written about that before. If you and I both commit to getting a project done, I am going to value your feelings less than those of someone else who did not make that commitment, and theirs generally less than our goal.
 
Think of it this way... Before you and I try to hang a painting together, suppose we formed Hanging This Painting LLC and both signed on as board members. As fiduciaries, we would each be required to prioritize the success of the company over other not-illegal outcomes for third parties (such as a neighbor being unhappy). Further, there are effects that would be illegal for us to force on a third party that we might be required to endure ourselves (such as missing work at our day jobs).
 
That imaginary scenario is how I feel about almost every such endeavor, to some degree. This is why I frequently find myself choosing success over failure in a project even when it means making another person involved in the project upset; because that's exactly what I would be required to do if I had officially accepted the duty of getting it done, as I have with the corporations on whose boards I sit.
 
I know most people don't feel this sort of duty or obligation. I occasionally revisit this topic in the hopes I'll learn something new or come to some new realization or understanding. Today I'm just trying to give it a bit more context and framing since the legal aspects are relevant to my life at the moment.
sparr: (cellular automata)
I follow a variation of consequentialism, filtered through the opposite of paternalism which doesn't have a more specific name.

My value system is how I decide which outcomes are better than which others. It is important to note that the philosophical concepts below are not dependent on that value system. Everything in the next few paragraphs holds regardless of what value system we are considering. Wherever you see "good", "bad", "positive", "negative", "better", "worse", etc below, those can mean whatever you want them to mean, especially if your value system is internally consistent and universalizable. I sometimes even prefer to operate in your value system, if we are discussing a situation where the positive and negative outcomes affect mostly to only you.

I apply a maximax criterion regarding the choices of other actors with agency. That's someone like you, in most cases. When I take an action that allows you to choose between two actions of your own, I am responsible for the most good outcome you could choose, and you are responsible for any less good or more bad in the outcome that you do choose. If I opt to not give you that choice because I expect you would choose the less good outcome, I am denying you agency in the situation, and that would be paternalistic. When I tell you that your dog is trapped in a burning building, you might decide to run inside; if the outcome of your choice is worse than if I had not told you then you are responsible for that outcome, not me. When the villain drops two people off a bridge and you can only save one, someone is responsible for the death of the person that you do not save, and it is mostly to completely not you.

I apply an expected value criterion regarding actions with random outcomes. When I play a game of Russian Roulette, the death of the loser is as much my responsibility as that of the person who made the unlucky trigger pull.

Finally, I do not recognize a fundamental distinction between action and inaction. If I tell you that pressing the button will do something and you press it, you're responsible for the outcome. If I tell you that not pressing the button will do that same something and you don't press it, you're equally responsible. Not pressing the button is just as much a choice as pressing it. This concern is most often illustrated with variations of the trolley problem where the two tracks are switched, which I don't consider to actually change the problem at all.

That's all I've got for now. This is my first real attempt to put this all together in a reference document. It will certainly be revised in the future, as I get a better grasp on the concepts that drive my decisions, and also continue to become better at describing them.

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Clarence "Sparr" Risher

February 2025

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