Business Ethics and Professional Ethics

THE ETHICS OF BANKRUPTCY

A book on business ethics by Dr. Jukka Kilpi

 

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Ethics of Promise
and Promising

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CONTENTS

Series Editors´ foreword
Acknowledgements
Prologue


Part I The ethical trouble and its makers: a perennial plague

1 The institution and the conflicts behind it
Institutional history
Debtor protection and/or creditor protection?
Creditors' equality and collective proceedings


Part II Philosophical fundamentals of credit: should debts be paid?

2 Natural law, consequentialism and contractualism: theories of promising and their shortfalls

3 In search of the ultimate obligation: why a metaethical affair?

4 Ethics founded on autonomy: a modest objectivist foundationalist interpretation of Kant
Reviving the metaphysics of morals: a Kantian bridge to deontological values

5 Autonomy and promissory obligations
Kant on promises

A theory of promissory autonomy
Should debts be paid?


Part III Ethical principle of insolvency: should debts always be paid?

6 Going broke, breaking promises
Forgiveness
Impossibility
Legalism
Utilitarianism

7 Deontological ethics and insolvency
Distributive justice
Autonomy and discharge
When is autonomy under threat?

8 What kind of discharge?
Piecemeal or one-off?
Non-contractual debts
Part IV In defence of dunning: a counterattack

9 Propping up civil liability: contract, breach of trust and tort
Legal and moral absolutism
Wasting other people´s money
Breach of trust
Tort

10 Punishment
Retributivism
Utilitarianism
Fraud
Recklessness
Negligence
Bad judgements and doing one´s best
Commercial risk calls for commercial judgement
Deterrence
Debtor's character and skills
Benefits from deterrence


Part V Applying the principles: a current affair

11 Bankruptcy law reform: an ethical perspective
Law reform inquiries in the United Kingdom and Australia
Conditional discharge
Retrospective incrimination
Disabilities
The consistency of creditors´ submissions
Cross-border insolvency

12 Gearing up, crashing loud: should high-flyers be punished for insolvency?
Retribution for solvent high-flying
Returns from penalties
Insolvent extravagance
Ethics and self-interest
Debt and distributive justice
Parsimony vs leverage


Part VI The corporate veil: chador or gauze?

13 Corporate moral personhood
Milton Friedman: no corporate personhood
Peter French: full-fledged corporate personhood
Thomas Donaldson and Kenneth Goodpaster: stakeholder theory
Patricia Werhane: secondary agency
A new philosophy of the corporation

14 Moral responsibility for corporate debts
A moral pattern for the corporate veil
The corporation's moral responsibility for debt
Corporate governance: directors´, managers´ and shareholders´ moral responsibility
Our moral duty to pay the corporate creditors

Epilogue
Notes
Bibliography
Index

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