The interpretative approach to bankruptcy law: remedying the theoretical limitations in the traditionalist and the proceduralist perspectives on corporate insolvency
Article
Nsubuga, H. 2018. The interpretative approach to bankruptcy law: remedying the theoretical limitations in the traditionalist and the proceduralist perspectives on corporate insolvency. International Journal of Law and Management. 60 (3), pp. 824-841. https://doi.org/10.1108/IJLMA-03-2017-0079
Type | Article |
---|---|
Title | The interpretative approach to bankruptcy law: remedying the theoretical limitations in the traditionalist and the proceduralist perspectives on corporate insolvency |
Authors | Nsubuga, H. |
Abstract | The tension between corporate rescue and employment protection laws affects both employees’ and business owners’ policy objectives on corporate insolvency. The theoretical perspectives of both the traditionalists and proceduralists have so far failed to provide a clear approach on how this tension may be balanced or remedied. This paper proposes that this tension may be remedied through interpretation, that is, by adopting Dworkin’s Interpretative Approach to Law. |
Keywords | Employment law; Comparative legal theory; Corporate insolvency; Dworkin |
Research Group | Law and Politics |
Publisher | Emerald |
Journal | International Journal of Law and Management |
ISSN | 1754-243X |
Electronic | 1754-2448 |
Publication dates | |
14 May 2018 | |
Publication process dates | |
Deposited | 26 Nov 2018 |
Completed | 18 Mar 2017 |
Submitted | 30 Mar 2017 |
Accepted | 24 Apr 2017 |
Output status | Published |
Accepted author manuscript | File Access Level Open |
Copyright Statement | Publisher: Emerald Publishing Limited |
Digital Object Identifier (DOI) | https://doi.org/10.1108/IJLMA-03-2017-0079 |
Web of Science identifier | WOS:000436871400006 |
Language | English |
https://repository.mdx.ac.uk/item/880w6
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