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The Ethics of Bankruptcy : Professional Ethics - Jukka Kilpi

The Ethics of Bankruptcy

Professional Ethics

Paperback Published: 12th February 1998
ISBN: 9780415171755
Number Of Pages: 240

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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.

""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

Series Editors' foreword
Acknowledgements
Prologuep. 1
The institution and the conflicts behind itp. 7
Natural law, consequentialism and contractualism: theories of promising and their shortfallsp. 19
In search of the ultimate obligation: why a metaethical affair?p. 27
Ethics founded on autonomy: a modest objectivist foundationalist interpretation of Kantp. 38
Autonomy and promissory obligationsp. 51
Going broke, breaking promisesp. 67
Deontological ethics and insolvencyp. 73
What kind of discharge?p. 83
Propping up civil liability: contract, breach of trust and tortp. 93
Punishmentp. 102
Bankruptcy law reform: an ethical perspectivep. 129
Gearing up, crashing loud: should high-flyers be punished for insolvency?p. 141
Corporate moral personhoodp. 163
Moral responsibility for corporate debtsp. 177
Epiloguep. 192
Notesp. 197
Bibliographyp. 208
Indexp. 214
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780415171755
ISBN-10: 041517175X
Series: Professional Ethics
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 240
Published: 12th February 1998
Country of Publication: GB
Dimensions (cm): 21.59 x 13.97  x 1.37
Weight (kg): 0.3
Edition Number: 1