Corporate bankruptcy is a defining characteristic of the market economy. It encapsulates the fundamental conflict between capital and labor. But, with one or two notable exceptions, the political and social dynamics of bankruptcy law and practice have been largely overlooked by sociolegal scholars. This book remedies that neglect. It compares key English and American insolvency laws to identify those underlying political forces that established corporate bankruptcy law on both sides of the Atlantic. Also, it shows how and why corporate insolvency regulation is the creation of the lawyers who...

The Asian Financial Crisis dramatically illustrated the vulnerability of financial markets in emerging, transitional, and advanced economies. In response, international organizations insisted that legal reforms could help protect markets from financial breakdowns. Sitting at the nexus between the legal system and the market, corporate bankruptcy law ensures that the casualties of capitalism are treated in an orderly way. Halliday and Carruthers show how global actors--including the IMF, World Bank, UN, and international professional associations--developed comprehensive norms for corporate...

The Asian Financial Crisis dramatically illustrated the vulnerability of financial markets in emerging, transitional, and advanced economies. In response, international organizations insisted that legal reforms could help protect markets from financial breakdowns. Sitting at the nexus between the legal system and the market, corporate bankruptcy law ensures that the casualties of capitalism are treated in an orderly way. Halliday and Carruthers show how global actors--including the IMF, World Bank, UN, and international professional associations--developed comprehensive norms for corporate...