Introduction—Consistency of Principle in Corporate Insolvency
This introductory chapter begins by sketching out the notion of equality employed in the book. Equality is taken to be the central feature of a particular conception of the person. This conception is itself tied firmly to the notion of a society regarded as a fair system of co-operation amongst citizens who regard themselves and each other as free and reasonable, and therefore equal. The first task undertaken in the book is therefore to explain the role of insolvency law in such a society, and how it affects the ideal of equality crucial to the argument of the book. Two related objections are then considered, both of which deny that any consistency of principle can realistically be expected to be found in a diverse and long-evolving body of law such as that governing corporate insolvency. These objections are met by explaining how insolvency law is interpreted in this book. Since the book also concerns itself with the efficiency of the law, the relevant notion of efficiency is then described and defended. The chapter concludes with an overview of the remaining chapters.
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