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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

Author: Emilie Ghio; John M. Wood; Jennifer L.L. Gant
Publisher: Edward Elgar Publishing
ISBN: 9781803928753
Published In: December 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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

Insolvency law and morality 8

Paul Omar

The liberalisation of bankruptcy law 24

David Milman

Insolvency law and the legal feminist movement 40

Lézelle Jacobs

A Dworkinian approach to insolvency law 55

Catherine Brown and Colin Anderson

A Nietzchean approach to debt and human thought 72