The Ethics of Bankruptcy

By: Jukka Kilpi

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Paperback | 12 February 1998 | Edition Number 1

At a Glance

Paperback
236 Pages

Dimensions(cm)
21.59 x 13.97 x 1.37

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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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""The Ethics of Bankruptcy will be of interest to anyone curious to see how deeply theoretical considerations can be brought to bear on practical moral concerns. It is clearly written, with carefully developed arguments." -"Philosophy in Review/Comptes Rendus Philosophiques

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Series Editors' foreword
Acknowledgements
Prologue	p. 1
The institution and the conflicts behind it	p. 7
Natural law, consequentialism and contractualism: theories of promising and their shortfalls	p. 19
In search of the ultimate obligation: why a metaethical affair?	p. 27
Ethics founded on autonomy: a modest objectivist foundationalist interpretation of Kant	p. 38
Autonomy and promissory obligations	p. 51
Going broke, breaking promises	p. 67
Deontological ethics and insolvency	p. 73
What kind of discharge?	p. 83
Propping up civil liability: contract, breach of trust and tort	p. 93
Punishment	p. 102
Bankruptcy law reform: an ethical perspective	p. 129
Gearing up, crashing loud: should high-flyers be punished for insolvency?	p. 141
Corporate moral personhood	p. 163
Moral responsibility for corporate debts	p. 177
Epilogue	p. 192
Notes	p. 197
Bibliography	p. 208
Index	p. 214
Table of Contents provided by Blackwell. All Rights Reserved.

The Ethics of Bankruptcy

At a Glance

Paperback

Industry Reviews

Shipping

How to return your order

Defective items

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