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

Edited by: Emilie Ghio, John M. Wood, Jennifer L.L. Gant

ISBN13: 9781803928753
Published: December 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £115.00



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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.

Subjects:
Insolvency Law
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