The ethics of bankruptcy

The fundamental ethical problem in bankruptcy is that insolvents have promised to pay their debts but cannot keep their promise - this book examines the morality of bankruptcy. It is a comprehensive study using the tool of ethics to examine the controversies surrounding insolvency, which sometimes makes controversial reading in the decade recovering from a world recession. 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.