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

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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
Issue number4
Early online date1 Mar 2021
Publication statusPublished - 1 Mar 2021


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

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