The Foundations of English Bankruptcy: Statutes and Commissions in the Early Modern Period

Jones, William J.

doi:10.2307/1006220

Cited by 56 publications

(7 citation statements)

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“…But as far as creditors' right are concerned, the major divergence with continental practices only emerged in 1843: discretion on discharge was then 16 Jackson (1985), Hart (2000), White (1977). 17 This is stated as one important reason why English bankruptcy law did not emerge from Common law but from statutory law (Jones, 1979) ; its instability over time apparently derived, at least partly, from the contradictory principles embedded in the respective bodies of legal texts. 18 As a simplification, both options are considered here together.…”

Section: Llsv and The Quality Of Nineteenth Century Bankruptcy Lawsmentioning

confidence: 99%

Do legal origins matter? The case of bankruptcy laws in Europe 1808-1914

Sgard

2006

European Review of Economic History

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Since LLSV early 1998 paper, a growing body of research has argued that "legal origins" have a country-specific, time-invariant effect on property rights and economic development. Following upon LLSV's own methodology, an original data-set of 51 bankruptcy laws has been built: it ranges over 15 European countries and more than hundred years , and summarises how the rights and incentives of the parties were defined, as the procedure unfold. The first conclusion is that all legal traditions protected strongly creditors' rights, over the whole period; only English law comes out prima facie as less protective. Evidences then suggest that the evolution of these laws was influenced less by their past than by continent-wide trends, arguably linked to capitalist development. An early century model thus saw heavy repression of failed debtors and highly regulated procedures. After a transition period from the late 1860's to the late 1880s', prison for debt was abandoned, rehabilitation became easier, and the parties got much more room to bargain.

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Section: Llsv and The Quality Of Nineteenth Century Bankruptcy Lawsmentioning

confidence: 99%

Do legal origins matter? The case of bankruptcy laws in Europe 1808-1914

Sgard

2006

European Review of Economic History

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“…According to W. J. Jones (1979), "Women appear as bankrupts, occasionally as partners but more commonly as widows who had assumed a shop or trade. Furthermore, a commercially active wife might have a distinct position under the custom of London" (24).…”

Section: Feme Sole Traders and Bankruptcy In The Seventeenth Centurymentioning

confidence: 99%

“…19 19 See Duffy (1980) on the rationale for and interpretation of the trader/nontrader distinction. For more on the early history of English bankruptcy law, see Cohen (1982) and W. J. Jones (1979).…”

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Married Women Bankrupts in the Age of Coverture

Pearlston¹

2009

Law soc. inq.

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Many married women with separate property held their property as stock‐in‐trade and traded independently from their husbands. However, if the business failed, a married woman trader's ability to take advantage of bankruptcy process depended on the exception to coverture according to which she held her separate property. This article is the first to examine reported bankruptcy cases involving married women in their doctrinal context and in relation to other exceptions to coverture. It analyzes the issues arising in the eighteenth century and argues that they should be understood in relation to the larger picture of married women's law, especially the law of private separation. The article also considers the oblique relationship between private separation jurisprudence and married women's bankruptcy in the nineteenth century, a relationship that was bridged by a line of cases that, on the surface, seem to be unrelated.

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“…Foucault, 1977, for a similar discussion on the evolution of the penal justice system), and a new focus on rehabilitation (Quinn, 2003). Even though debtors are no longer treated with manifest violence, a number of scholars suggest that it is still possible to see earlier practices of punishment in modern day bankruptcy practices ( Jones, 1979;Tabb, 1995;Korobkin, 2003;Efrat, 2006). Korobkin (2003Korobkin ( , p. 2132), by way of example, argues that "routine creditor harassment, state-sanctioned dispossessions, and imprisonment for certain kinds of default", are still common under modern bankruptcy and insolvency laws.…”

Section: Introductionmentioning

confidence: 99%

The other end of entrepreneurship: a narrative study of insolvency practice in Ireland

McCarthy

O’Riordan

Griffin

2014

International Journal of Entrepreneurial Behavior &Amp; Research

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Purpose – The purpose of this paper is to focus on the other end of entrepreneurship – the disassembling of enterprises by insolvency professionals. Design/methodology/approach – Drawing on empirical material from major insolvency practitioners (IPs) in Ireland; the paper identifies three different narrative positions – “clinical market operators”, “blame the entrepreneurs” and “professional detachment/disidentification” – that these specialists employed to story their working experiences. Findings – The paper suggests that IPs do not have a fixed narrative schema to narrate their professional identities, as they struggle to reconcile their professional acts with their personal ambitions. These findings point to a disconnection between the political rhetoric on risk taking and the acts perpetrated on entrepreneurs who fail, a central tension in the discourse on entrepreneurship policy. Research limitations/implications – The paper adds to the current debate on business failure, an area that is typically under-researched and under-theorised in entrepreneurship studies. By offering a response to calls for more multi-perspective research, this paper makes a significant contribution to extant interpretive literature on business failure. While the method of analysing stories is widely accepted in social science research, researchers seeking to replicate this study may produce different results; this is a taken for granted outcome of the method. Practical implications – The analysis suggests that the current legislative impetus to ameliorate the implications of insolvency, driven by an aspiration to encourage second-chance entrepreneurship, faces resistance from IPs as they attempt to fulfil their professional obligations. In the absence of legislative reform, the impulse, perhaps even process necessity, of IPs to dialogically position themselves against failed entrepreneurs is likely to continue. Originality/value – The paper's originality and value arise from its unique consideration of other end of entrepreneurship; offering novel insights into the difficulties IPs have in narrating their working lives.

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The Foundations of English Bankruptcy: Statutes and Commissions in the Early Modern Period

Cited by 56 publications

References 0 publications

Do legal origins matter? The case of bankruptcy laws in Europe 1808-1914

Do legal origins matter? The case of bankruptcy laws in Europe 1808-1914

Married Women Bankrupts in the Age of Coverture

The other end of entrepreneurship: a narrative study of insolvency practice in Ireland

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