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Author: David A. Skeel Jr. Publisher: Princeton University Press ISBN: 1400828503 Category : Business & Economics Languages : en Pages : 296
Book Description
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Author: Martha Minow Publisher: W. W. Norton & Company ISBN: 0393651827 Category : Law Languages : en Pages : 159
Book Description
“Martha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.” —Jill Lepore, author of These Truths In an age increasingly defined by accusation and resentment, Martha Minow makes an eloquent, deeply-researched argument in favor of strengthening the role of forgiveness in the administration of law. Through three case studies, Minow addresses such foundational issues as: Who has the right to forgive? Who should be forgiven? And under what terms? The result is as lucid as it is compassionate: A compelling study of the mechanisms of justice by one of this country’s foremost legal experts.
Author: Pumla Gobodo-Madikizela Publisher: Cambridge Scholars Publishing ISBN: 1443808113 Category : Literary Criticism Languages : en Pages : 420
Book Description
The United Nations’ declaration of 2009 as the International Year of Reconciliation is testimony to the growing use of historical commissions as instruments of reconciliation in post-conflict societies. Since the South African Truth and Reconciliation Commission (TRC) has had a profound impact on international efforts to deal with the aftermath of mass violence and societal conflict, this is an appropriate time for scholars to debate and reflect on the work of the TRC and the wide-ranging scholarship it has inspired across disciplines. With a foreword by Harvard Law Professor Martha Minow, Memory, Narrative, and Forgiveness: Perspectives on the Unfinished Journeys of the Past offers readers a front-row seat where a team of scholars draw on both theoretical analysis and case studies from around the world to explore the themes of memory, narrative, forgiveness and apology, and how these themes often interact in either mutually supportive or unsettling ways. The book is a vibrant discussion by scholars in philosophy, psychology, psychoanalytic theory, history, literary theory, and Holocaust studies. The authors explore the complex, interconnected issues of trauma and narrative (testimonial and literary narrative and theatre as narrative), mourning and the potential of forgiveness to heal the enduring effects of mass trauma, and transgenerational trauma-memory as a basis for dialogue and reconciliation in divided societies. The authors go well beyond the South African TRC and address a wide range of historical events to explore the possibilities and the challenges that lie on the path of reconciliation and forgiveness between victims, perpetrators, and bystanders in societies with a history of violent conflict and unspeakable injustice. The book provides readers with a cohesive, theoretically well-grounded analysis of the impact of traumatic memories in the personal and communal lives of survivors of trauma. It explores how narrative may be creatively applied in processes of healing trauma, and how public testimony can often restore the moral balance of societies ravaged by trauma. The book deepens understanding of the ways in which lessons from the TRC might be developed and both usefully and cautiously applied in other post-conflict situations.
Author: Hent de Vries Publisher: Columbia University Press ISBN: 0231540124 Category : Philosophy Languages : en Pages : 258
Book Description
One can love and not forgive or out of love decide not to forgive. Or one can forgive but not love, or choose to forgive but not love the ones forgiven. Love and forgiveness follow parallel and largely independent paths, a truth we fail to acknowledge when we pressure others to both love and forgive. Individuals in conflict, sparring social and ethnic groups, warring religious communities, and insecure nations often do not need to pursue love and forgiveness to achieve peace of mind and heart. They need to remain attentive to the needs of others, an alertness that prompts either love or forgiveness to respond. By reorienting our perception of these enduring phenomena, the contributors to this volume inspire new applications for love and forgiveness in an increasingly globalized and no longer quite secular world. With contributions by the renowned French philosophers Jacques Derrida and Jean-Luc Marion, the poet Haleh Liza Gafori, and scholars of religion (Leora Batnitzky, Nils F. Schott, Hent de Vries), psychoanalysis (Albert Mason, Orna Ophir), Islamic and political philosophy (Sari Nusseibeh), and the Bible and literature (Regina Schwartz), this anthology reconstructs the historical and conceptual lineage of love and forgiveness and their fraught relationship over time. By examining how we have used—and misused—these concepts, the authors advance a better understanding of their ability to unite different individuals and emerging groups around a shared engagement for freedom and equality, peace and solidarity.
Author: David A. Skeel Jr. Publisher: Princeton University Press ISBN: 1400828503 Category : Business & Economics Languages : en Pages : 296
Book Description
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Author: Teresa A. Sullivan Publisher: Beard Books ISBN: 9781893122154 Category : Business & Economics Languages : en Pages : 392
Book Description
Bankruptcy in America is a booming business, with hundreds of thousands of ordinary Americans filing for bankruptcy each year. Is this dramatic growth a result of mushrooming debt or does it reflect a moral decline that permits the middle class to evade their debts? As We Forgive Our Debtors addresses these questions with hard empirical data drawn from bankruptcy court filings. The authors of this multidisciplinary study describe the law and the statistics in clear, nontechnical language, combining a thorough statistical description of the social and economic position of consumer bankrupts with human portraits of the debtors and creditors whose journeys have ended in bankruptcy court. Book jacket.
Author: Gregory L. Bock Publisher: Vernon Press ISBN: 1622734122 Category : Philosophy Languages : en Pages : 217
Book Description
The Philosophy of Forgiveness, Volume III: Forgiveness in World Religions is a collection of essays that explores the philosophy of forgiveness in different religions, including Judaism, Christianity, Islam, Hinduism, Buddhism and Confucianism. Each chapter scours one of these religions for insights on the concept of forgiveness, asking questions such as whether forgiveness is a virtue, whether it is conditional, whether God has standing to forgive, and whether it is permissible not to forgive some extreme wrongs. In some of the chapters, the concept of forgiveness in one religion is compared with that in another. In other chapters, the ideas of different traditions within a religion are compared and contrasted. Also, some chapters compare a religious concept to the views of a philosophical figure, such as Aristotle, Kant, or Derrida. The contributors to the volume come from various cultural and religious backgrounds and from different disciplines, such as philosophy, religious studies, and psychology. The collection is written for scholars, graduate students, and upper-division undergraduate students interested in forgiveness or comparative religious philosophy.
Author: Gregory L. Bock Publisher: Vernon Press ISBN: 1622735536 Category : Philosophy Languages : en Pages : 217
Book Description
'The Philosophy of Forgiveness, Volume III: Forgiveness in World Religions' is a collection of essays that explores the philosophy of forgiveness in different religions, including Judaism, Christianity, Islam, Hinduism, Buddhism and Confucianism. Each chapter scours one of these religions for insights on the concept of forgiveness, asking questions such as whether forgiveness is a virtue, whether it is conditional, whether God has standing to forgive, and whether it is permissible not to forgive some extreme wrongs. In some of the chapters, the concept of forgiveness in one religion is compared with that in another. In other chapters, the ideas of different traditions within a religion are compared and contrasted. Also, some chapters compare a religious concept to the views of a philosophical figure, such as Aristotle, Kant, or Derrida. The contributors to the volume come from various cultural and religious backgrounds and from different disciplines, such as philosophy, religious studies, and psychology. The collection is written for scholars, graduate students, and upper-division undergraduate students interested in forgiveness or comparative religious philosophy.
Author: David A. Skeel Jr.
Author: Martha Minow
Author: Pumla Gobodo-Madikizela
Author: Jeffrie G. Murphy
Author: Hent de Vries
Author: David A. Skeel Jr.
Author: Teresa A. Sullivan
Author: Gregory L. Bock
Author: Gregory L. Bock
Author: Robert D. Enright
Author: