Well, what would you do? Reflections on the need for a theory of bankruptcy law

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    Abstract

    Bankruptcy law in England and Wales has no underpinning written theory, being instead driven by commercial and political imperatives. Bankruptcy laws elsewhere suggest that if we drew up bankruptcy law from scratch, the law would neither be inconvenienced by lack of theory nor very different from current practice.
    Original languageEnglish
    Pages (from-to)221-233
    Number of pages13
    JournalInternational Company and Commercial Law Review
    Volume32
    Issue number4
    Early online date1 Mar 2021
    Publication statusPublished - 1 Mar 2021

    Keywords

    • Bankruptcy
    • Legal theory
    • Theories of bankruptcy law
    • England and Wales
    • Scotland
    • Creditors' powers and duties
    • Jurisprudence

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