Re-examining insolvency law and theory : perspectives for the 21st century / Emilie Ghio, John Wood, Jennifer Gant.
2023
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Details
Title
Re-examining insolvency law and theory : perspectives for the 21st century / Emilie Ghio, John Wood, Jennifer Gant.
Added Corporate Author
Imprint
Northampton : Edward Elgar Publishing, 2023.
Description
1 online resource (312 pages)
Formatted Contents Note
Contents: 1. Introduction: Insolvency theory for a new age / Emilie Ghio, John M. Wood and Jennifer L. L. Gant
Part I: Philosophical considerations and influences on insolvency law
2. Insolvency law and morality / Paul Omar
3. The liberalisation of bankruptcy law / David Milman
4. Insolvency law and the legal feminist movement / Lézelle Jacobs
5. A dworkinian approach to insolvency law / Catherine Brown and Colin Anderson
6. A nietzchean approach to debt and human thought / John Tribe
7. A rawlsian approach to preventive restructuring / Stathis Potamitis and Xenophon Paparrigopoulos
Part II: An inward-looking study of insolvency law
8. Decision theory and insolvency law / John M. Wood
9. The competing goals theory and insolvency law / Jason Harris
10. Successor liability theory and insolvency law / Laura N. Coordes
11. Vulnerability theory and insolvency law / Jennifer L. L. Gant
Part III: An outward-looking study of insolvency law
12. Insolvency law through the lens of human rights theories / Eugenio Vaccari and Tara Van Ho
13. Insolvency law through the lens of company law theories / Jonathan Hardman
14. Insolvency law through the lens of a contract theory of restructuring / Stephan Madaus
15. Insolvency law through the lens of property law theories / Alisdair MacPherson
16. Insolvency law through the lens of psychology theories / Emilie Ghio
17. Concluding remarks: New ways to theorise about insolvency and rescue / Jennifer L. L. Gant, Emilie Ghio and John M. Wood
Index.
Part I: Philosophical considerations and influences on insolvency law
2. Insolvency law and morality / Paul Omar
3. The liberalisation of bankruptcy law / David Milman
4. Insolvency law and the legal feminist movement / Lézelle Jacobs
5. A dworkinian approach to insolvency law / Catherine Brown and Colin Anderson
6. A nietzchean approach to debt and human thought / John Tribe
7. A rawlsian approach to preventive restructuring / Stathis Potamitis and Xenophon Paparrigopoulos
Part II: An inward-looking study of insolvency law
8. Decision theory and insolvency law / John M. Wood
9. The competing goals theory and insolvency law / Jason Harris
10. Successor liability theory and insolvency law / Laura N. Coordes
11. Vulnerability theory and insolvency law / Jennifer L. L. Gant
Part III: An outward-looking study of insolvency law
12. Insolvency law through the lens of human rights theories / Eugenio Vaccari and Tara Van Ho
13. Insolvency law through the lens of company law theories / Jonathan Hardman
14. Insolvency law through the lens of a contract theory of restructuring / Stephan Madaus
15. Insolvency law through the lens of property law theories / Alisdair MacPherson
16. Insolvency law through the lens of psychology theories / Emilie Ghio
17. Concluding remarks: New ways to theorise about insolvency and rescue / Jennifer L. L. Gant, Emilie Ghio and John M. Wood
Index.
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781803928760 (e-book)
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