Re-examining insolvency law and theory : perspectives for the 21st century / edited by Emilie Ghio, John Wood, Jennifer Gant.

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Ghio, Emilie, editor.

Wood, John, editor.

Gant, Jennifer, editor.

Language:

English

Subjects (All):

Bankruptcy.

Physical Description:

1 online resource (312 pages)

Edition:

First edition.

Place of Publication:

Northampton : Edward Elgar Publishing, 2023.

Summary:

"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"-- Provided by publisher.

Contents:

Front Matter

Copyright

Contents

Contributors

1. Introduction: insolvency theory for a new age

Part I Philosophical considerations and influences on insolvency law

2. Insolvency law and morality

3. The liberalisation of bankruptcy law

4. Insolvency law and the legal feminist movement

5. A Dworkinian approach to insolvency law

6. A Nietzchean approach to debt and human thought

7. A Rawlsian approach to preventive restructuring

Part II An inward-looking study of insolvency law

8. Decision theory and insolvency law

9. The competing goals theory and insolvency law

10. Successor liability theory and insolvency law

11. Vulnerability theory and insolvency law

Part III An outward-looking study of insolvency law

12. Insolvency law through the lens of human rights theories

13. Insolvency law through the lens of company law theories

14. Insolvency law through the lens of a contract theory of restructuring

15. Insolvency law through the lens of property law theories

16. Insolvency law through the lens of psychology theories

17. Concluding remarks: new ways to theorise about insolvency and rescue

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Includes index.

Other Format:

Print version: Ghio, Emilie Re-Examining Insolvency Law and Theory

ISBN:

1-80392-876-X