Hardback
Re-examining Insolvency Law and Theory
Perspectives for the 21st Century
9781803928753 Edward Elgar Publishing
An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.
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Critical Acclaim
Contributors
Contents
More Information
An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.
Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.
Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.
Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.
Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.
Critical Acclaim
‘This important new text offers clear and accessible theoretical perspectives on insolvency law, bringing varied perspectives together through readable introductory chapters. At one time the main insolvency law theories were well-rehearsed and it was necessary to search far and wide for the fresh insights that this book brings in one volume. In discussion of key theoretical concepts, theorists and perspectives from other disciplines this text will be extremely valuable for researchers with interests in insolvency law and will inspire further reading.’
– Rebecca Parry, Nottingham Trent University, UK
‘This collection is a very welcome contribution to scholarship in relation to the law of corporate insolvency and rescue. The doctrinal features of this body of law are complex and challenging. The addition of a theoretical analysis is long overdue, partly I am sure because of the intellectual challenges of combining theory with doctrinal clarity. The authors have done so admirably, not surprising to those of us who are aware of the standing and reputation of many of the contributors to the collection. This is a volume which is a “must have” for all interested in the subject.’
– Irene Lynch Fannon, University College Cork, Ireland
– Rebecca Parry, Nottingham Trent University, UK
‘This collection is a very welcome contribution to scholarship in relation to the law of corporate insolvency and rescue. The doctrinal features of this body of law are complex and challenging. The addition of a theoretical analysis is long overdue, partly I am sure because of the intellectual challenges of combining theory with doctrinal clarity. The authors have done so admirably, not surprising to those of us who are aware of the standing and reputation of many of the contributors to the collection. This is a volume which is a “must have” for all interested in the subject.’
– Irene Lynch Fannon, University College Cork, Ireland
Contributors
Contributors: Colin Anderson, Catherine Brown, Laura N. Coordes, Jennifer L.L. Gant, Emilie Ghio, Jonathan Hardman, Jason Harris, Lezelle Jacobs, Alisdair MacPherson, Stephan Madaus, David Milman, Paul Omar, Xenophon Paparrigopoulos, Stathis Potamitis, John Tribe, Eugenio Vaccari, Tara van Ho, John Wood
Contents
Contents:
1 Introduction: insolvency theory for a new age 1
Emilie Ghio, John M. Wood and Jennifer L. L. Gant
PART I PHILOSOPHICAL CONSIDERATIONS AND
INFLUENCES ON INSOLVENCY LAW
2 Insolvency law and morality 8
Paul Omar
3 The liberalisation of bankruptcy law 24
David Milman
4 Insolvency law and the legal feminist movement 40
Lézelle Jacobs
5 A Dworkinian approach to insolvency law 55
Catherine Brown and Colin Anderson
6 A Nietzchean approach to debt and human thought 72
John Tribe
7 A Rawlsian approach to preventive restructuring 96
Stathis Potamitis and Xenophon Paparrigopoulos
PART II AN INWARD-LOOKING STUDY OF INSOLVENCY LAW
8 Decision theory and insolvency law 116
John M. Wood
9 The competing goals theory and insolvency law 133
Jason Harris
10 Successor liability theory and insolvency law 153
Laura N. Coordes
11 Vulnerability theory and insolvency law 166
Jennifer L. L. Gant
PART III AN OUTWARD-LOOKING STUDY OF
INSOLVENCY LAW
12 Insolvency law through the lens of human rights theories 190
Eugenio Vaccari and Tara Van Ho
13 Insolvency law through the lens of company law theories 216
Jonathan Hardman
14 Insolvency law through the lens of a contract theory of
restructuring 228
Stephan Madaus
15 Insolvency law through the lens of property law theories 244
Alisdair MacPherson
16 Insolvency law through the lens of psychology theories 262
Emilie Ghio
17 Concluding remarks: new ways to theorise about
insolvency and rescue 281
Jennifer L. L. Gant, Emilie Ghio and John M. Wood
Index 298
1 Introduction: insolvency theory for a new age 1
Emilie Ghio, John M. Wood and Jennifer L. L. Gant
PART I PHILOSOPHICAL CONSIDERATIONS AND
INFLUENCES ON INSOLVENCY LAW
2 Insolvency law and morality 8
Paul Omar
3 The liberalisation of bankruptcy law 24
David Milman
4 Insolvency law and the legal feminist movement 40
Lézelle Jacobs
5 A Dworkinian approach to insolvency law 55
Catherine Brown and Colin Anderson
6 A Nietzchean approach to debt and human thought 72
John Tribe
7 A Rawlsian approach to preventive restructuring 96
Stathis Potamitis and Xenophon Paparrigopoulos
PART II AN INWARD-LOOKING STUDY OF INSOLVENCY LAW
8 Decision theory and insolvency law 116
John M. Wood
9 The competing goals theory and insolvency law 133
Jason Harris
10 Successor liability theory and insolvency law 153
Laura N. Coordes
11 Vulnerability theory and insolvency law 166
Jennifer L. L. Gant
PART III AN OUTWARD-LOOKING STUDY OF
INSOLVENCY LAW
12 Insolvency law through the lens of human rights theories 190
Eugenio Vaccari and Tara Van Ho
13 Insolvency law through the lens of company law theories 216
Jonathan Hardman
14 Insolvency law through the lens of a contract theory of
restructuring 228
Stephan Madaus
15 Insolvency law through the lens of property law theories 244
Alisdair MacPherson
16 Insolvency law through the lens of psychology theories 262
Emilie Ghio
17 Concluding remarks: new ways to theorise about
insolvency and rescue 281
Jennifer L. L. Gant, Emilie Ghio and John M. Wood
Index 298
