The interpretative approach to bankruptcy law: Remedying the theoretical limitations in the traditionalist and the proceduralist perspectives on corporate insolvency
Abstract
Purpose
This paper aims to highlight how an interpretative approach to law as posited by Dworkin may be used to remedy the tension between employment protection and corporate rescue laws.
Design/methodology/approach
This paper adopts a doctrinal and theoretical approach to law.
Findings
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.
Originality/value
Most researchers and academics have written extensively about the tension between corporate rescue and employment protection, but this paper is the first of its kind to propose a remedy to this tension through interpretation.
Keywords
Citation
Nsubuga, H.J. (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, Vol. 60 No. 3, pp. 824-841. https://doi.org/10.1108/IJLMA-03-2017-0079
Publisher
:Emerald Publishing Limited
Copyright © 2018, Emerald Publishing Limited