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Re-examining Insolvency Law and Theory: Perspectives for the 21st Century

Re-examining Insolvency Law and Theory: Perspectives for the 21st Century

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781803928753
  • 出版时间 December 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,351.25

¥1,310.72 Save ¥40.53 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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.

  • 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

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