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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.
Edited by Emilie Ghio, Lecturer in Corporate and Insolvency Law, School of Law, University of Edinburgh, John M. Wood, Lecturer in Law, School of Law, Lancaster University and Jennifer L.L. Gant, Senior Lecturer in Law, College of Business Law and Social Sciences, University of Derby, UK
Contents:1 Introduction: insolvency theory for a new age 1Emilie Ghio, John M. Wood and Jennifer L. L. GantPART I PHILOSOPHICAL CONSIDERATIONS ANDINFLUENCES ON INSOLVENCY LAW2 Insolvency law and morality 8Paul Omar3 The liberalisation of bankruptcy law 24David Milman4 Insolvency law and the legal feminist movement 40Lézelle Jacobs5 A Dworkinian approach to insolvency law 55Catherine Brown and Colin Anderson6 A Nietzchean approach to debt and human thought 72John Tribe7 A Rawlsian approach to preventive restructuring 96Stathis Potamitis and Xenophon PaparrigopoulosPART II AN INWARD-LOOKING STUDY OF INSOLVENCY LAW8 Decision theory and insolvency law 116John M. Wood9 The competing goals theory and insolvency law 133Jason Harris10 Successor liability theory and insolvency law 153Laura N. Coordes11 Vulnerability theory and insolvency law 166Jennifer L. L. GantPART III AN OUTWARD-LOOKING STUDY OFINSOLVENCY LAW12 Insolvency law through the lens of human rights theories 190Eugenio Vaccari and Tara Van Ho13 Insolvency law through the lens of company law theories 216Jonathan Hardman14 Insolvency law through the lens of a contract theory ofrestructuring 228Stephan Madaus15 Insolvency law through the lens of property law theories 244Alisdair MacPherson16 Insolvency law through the lens of psychology theories 262Emilie Ghio17 Concluding remarks: new ways to theorise aboutinsolvency and rescue 281Jennifer L. L. Gant, Emilie Ghio and John M. WoodIndex 298
‘This important new text offers clear and accessible theoretical perspectives on insolvency law, bringing varied perspectives together through readable introductory chapters. At one time the main insolvency law theories were well-rehearsed and it was necessary to search far and wide for the fresh insights that this book brings in one volume. In discussion of key theoretical concepts, theorists and perspectives from other disciplines this text will be extremely valuable for researchers with interests in insolvency law and will inspire further reading.’
