Communitarianism Bankruptcy Law & Policy as a Bulwark against Neo-Liberalism: Forging a Humane Future with Stakeholder Insolvency Responses to Public Interest and Sports Club Insolvency

Tribe, John ORCID: 0000-0002-7272-7263 (2022) Communitarianism Bankruptcy Law & Policy as a Bulwark against Neo-Liberalism: Forging a Humane Future with Stakeholder Insolvency Responses to Public Interest and Sports Club Insolvency Corporate Rescue and Insolvency, 15 (6). pp. 183-187. ISSN 1756-2465

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Abstract

Insolvency provides a pressure cooker environment in which fundamental questions about how we organise our society can be examined. This is because questions become critical in insolvency in both a time sense but also because of the various stakeholders that are affected by how we manage insolvent companies. These questions cannot be postponed for the future or mulled on at length. They have to be addressed in the pressurised furnace of insolvency, and this gives rise to some interesting broader questions around “corporation focus”, namely, how we use our companies and what they are for in terms of objects and purposes broadly defined. Interestingly in English and Welsh insolvency law the answers to questions involving stakeholders such as employees, communities, and the environment can be answered in a positive manner. This article attempts to explain why this is using two area, (1) Public Interest Insolvency, and (2) Sports Insolvency. Both areas exhibit similar traits in terms of pressures but they also both show how insolvency law is able to respond in a humane way which reflects the wider stakeholder environment in which the insolvency company resides. Additionally public interest insolvency and sports club insolvency demonstrate approaches that can also be used beyond the insolvent environment. Practices can be harnessed to help us manage companies in solvent times in a way which much better reflects the human actors who sit behind the legal fictions that are used to transact the artificial entities purposes, in whatever sector they might reside. Ultimately this essay is a plea to remember the human in this contested arena and in future policy making.

Item Type:	Article
Divisions:	Faculty of Humanities & Social Sciences Faculty of Humanities & Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	05 Nov 2024 10:18
Last Modified:	05 Nov 2024 10:18
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3187075
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