Ethics of Bankruptcy

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A01=Jukka Kilpi
agent
Ancillary Administration
Author_Jukka Kilpi
autonomous
Bankruptcy Law
Bankruptcy Law Reform
British Insolvency Law
Category=KJG
Category=QDTQ
Common Language
contractual breach ethics
Cork Report
Corporate Moral Agency
Corporate Veil
creditor protection
CROSS-BORDER INSOLVENCY
deontological
Discretionary Trusts
distributive justice
EC's Convention
EC’s Convention
Empiricist Analytical Tradition
eq_bestseller
eq_business-finance-law
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
eq_non-fiction
fiduciary liability
Harmer Report
human
Insolvency Law
Insolvency Proceedings
Insolvent Debtor
laws
legal philosophy
moral
Moral Liability
Moral Principle
obligation
Part Iii
philosophical analysis of insolvency
Prima Facie Moral Duty
Promissory Obligations
responsibility
rights
Straight Discharge
utilitarian perspectives
Vice Versa
Violate
Voluntary Slavery
wrong

Product details

  • ISBN 9780415171748
  • Weight: 453g
  • Dimensions: 138 x 216mm
  • Publication Date: 12 Feb 1998
  • Publisher: Taylor & Francis Ltd
  • Publication City/Country: GB
  • Product Form: Hardback
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The fundamental ethical problem in bankruptcy is that insolvents have promised to pay their debts but can not keep their promise. The Ethics of Bankruptcy examines the morality of bankruptcy. The author compares and contrasts the Humean doctrine of promises as useful conventions with the Kantian view of autonomous agency constituting promissory obligations; he explores ethical concerns raised by forgiveness, utilitarianism and distributive justice and the moral aspects of insolvents' contractual, fiduciary, tortious and criminal liability. Finally, the author assesses recent bankruptcy law reforms. Bankruptcies severly hurt creditors and society. For the insolvents and their families the experience is painful and stigmatising, yet philosophers have paid little attention to the moral aspects of this violent social phenomenon. The Ethics of Bankruptcy is the first comprehensive study that employs the tools of ethics to examine the controversies surrounding insolvency, which makes valuable and sometimes controversial reading in a decade recovering from the Recession.

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