Re-examining Insolvency Law and Theory

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 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

Index 298