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After a long period of prosperity and steady economic growth, the
world's leading economies are now in crisis, and although there
will be debate about its origins, the scale and seriousness of the
crisis is in no doubt. There is also no doubt that excessive
amounts of consumer credit, allied to a weak understanding of how
globalised credit markets might react to a crisis, have played a
significant part. This book, which is primarily about credit, debt
and the trouble they have led to, is written by authors who have
specialised in researching into over-indebtedness, that is,
situations in which an individual's debt burden has become
overwhelming. For these authors the plight of individuals is a
primary concern, but the wider issue is how credit is used and how
it changes societies. The essays in this volume, addressing topics
which are fundamental to our understanding of the current crisis,
range widely across the whole sector of consumer finance, including
mortgages, 'credit-binges', the regulation of consumer lending,
insolvency, repayment plans, debt counselling and much more
besides. The conclusions drawn from the book are equally
wide-ranging, but above all the lesson learned from these essays is
that the financialisation of contemporary life ensures that issues
of the appropriate role of credit remain of critical importance in
society.
Consumer Bankruptcy and over-indebtedness is an emerging field
throughout the world. This book provides a comparative appraisal of
global developments in this area. It is one of the first book
length publications focusing on comparative consumer bankruptcy and
over-indebtedness. It combines theoretical and empirical studies of
bankruptcy regimes and consumer credit in civilian and common law
jurisdictions as well as exploring current reform trends. The book
will be of interest to academics, policymakers and law reformers as
well as to practitioners.
This book contains the papers prepared for a conference held at the
Wisconsin Law School in 2011 to honour the work of Stewart
Macaulay, one of the most famous contracts scholars of his
generation. Macaulay has been writing about contracts and contract
law for over 50 years; the 1960s were particularly productive years
for him, when he introduced many novel ideas into the scholarly
world. Macaulay's foundational work for what is now called
relational contract theory was published during this period.
Macaulay is also known for his use of empirical research and
interdisciplinary theories to illuminate our knowledge of
contracting practices. The papers in this volume reflect, in
diverse ways, on the subsequent influence and the contemporary
relevance of Macaulay's work. All the contributors are important
contracts scholars in their own right: David Campbell and John
Wightman from the UK, Brian Bix, Jay Feinman, Robert Gordon, Claire
Hill, Charles Knapp, Ethan Leib, Deborah Post, Edward Rubin, Carol
Sanger, Robert Scott, Gordon Smith, Josh Whitford (with Li-Wen Lin)
and William Woodward from the USA. The volume also reproduces
Macaulay's most cited paper, 'Non-Contractual Relations in
Business', and excerpts from two other important papers of his,
'Private Legislation and the Duty to Read-Business Run by IBM
Machine, the Law of Contracts and Credit Cards', and 'The Real and
The Paper Deal: Empirical Pictures of Relationships, Complexity and
the Urge for Transparent Simple Rules'.
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