The interpretative approach to bankruptcy law: remedying the theoretical limitations in the traditionalist and the proceduralist perspectives on corporate insolvency

Nsubuga, Hamiisi Junior (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. ISSN 1754-243X

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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.

Item Type: Article
Research Areas: A. > School of Law > Law and Politics
Item ID: 25691
Notes on copyright: This article is © Emerald Group Publishing and permission has been granted for this version to appear here (https://eprints.mdx.ac.uk/). Emerald does not grant permission for this article to be further copied/distributed or hosted elsewhere without the express permission from Emerald Group Publishing Limited. This is the accepted version of the manuscript "The interpretative approach to bankruptcy law: remedying the theoretical limitations in the traditionalist and the proceduralist perspectives on corporate insolvency", forthcoming/published in the journal "International journal of law and management" available via the journal site at: https://doi.org/10.1108/IJLMA-03-2017-0079
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Depositing User: Hamiisi Junior Nsubuga
Date Deposited: 26 Nov 2018 14:40
Last Modified: 02 Apr 2019 17:28
URI: https://eprints.mdx.ac.uk/id/eprint/25691

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