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Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflict between capital and labor. But, with one or two notable exceptions, the political and social dynamics of bankruptcy law and practice have been largely overlooked by sociolegal scholars. This book remedies that neglect. It compares key English and American insolvency laws to identify those underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. Also, it shows how and why corporate insolvency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study, for it advances our understanding of how substantive law results from conflicts among the professionals who help to make it.
This book investigates the political and social forces that shaped the development of corporate bankruptcy law in England and the United States. Authors Bruce G. Carruthers and Terence C. Halliday utilize a sociolegal framework to analyze how insolvency regulations emerged from the competing interests of capital and labor. By examining the professional influence of lawyers, the authors argue that substantive law is not merely a product of economic necessity but a result of ongoing conflicts among the legal practitioners who administer these systems.
What You Will Find
Experts recognize this work as a significant contribution to the sociology of law, particularly for its focus on the professionalization of bankruptcy administration. Scholars frequently cite the text for its rigorous comparative methodology and its ability to bridge the gap between economic theory and legal practice.
Page Count:
600
Publication Date:
1998-09-24
Publisher:
Clarendon Press
ISBN-10:
0198264720
ISBN-13:
9780198264729
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