Nsubuga, H.

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

Publication dates
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 Publishing Limited
Journal	International Journal of Law and Management
ISSN	1754-243X
Electronic	1754-2448
Print	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	HJN IJLM watermarked.pdf File Access Level Open
Copyright Statement	Publisher: Emerald Publishing Limited Copyright © 2018, Emerald Publishing Limited. This AAM is provided for your own personal use only. It may not be used for resale, reprinting, systematic distribution, emailing, or for any other commercial purpose without the permission of the publisher
Digital Object Identifier (DOI)	https://doi.org/10.1108/IJLMA-03-2017-0079
Web of Science identifier	WOS:000436871400006
Language	English

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