Rescuing Business : The Making of Corporate Bankruptcy Law in England and the United States - Bruce G. Carruthers

Rescuing Business

The Making of Corporate Bankruptcy Law in England and the United States

By: Bruce G. Carruthers, Terence C. Halliday

Hardcover | 1 April 1998

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Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflicts between capital and labour, owners and managers, debtors and creditors, the state and the market. Yet, with one or two notable exceptions, the political and social dynamics of bankruptcy law and practice have been overlooked by serious socio-legal scholars. This book remedies that neglect. Adopting an approach that compares English and American law, the authors identify the underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. The book demonstrates how, by a recursive loop of professional self-interest, corporate insovency regulation is the creation of the lawyers who interpret and administer it. This book will be welcomed as an important sociological study and advances our understanding of how substantive law results from conflicts among the professionals who help to create it.
Industry Reviews
`via the theoretical framework, a useful perspective is offered that might be productively employed in other business history contexts ... A second contribution lies in the richness of the analysis of legal change during the specified periods ... the analysis is comprehensive and the work is a definitive future reference point on Anglo-American bankruptcy law. Most important of all, the book offers a valuable template for the study of corporate and institutional change.' Steven Toms, Business History, October 1999 `a rich and multifaceted study of corporate bankruptcy reform ... This comprehensive book offers something for almost anyone' Stefanie A Lindquist, The Law and Politics Book Review

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