City Research Online

Abstract

This introduction to the Special Issue uses the materials presented in the articles contained therein to demonstrate some of the more philosophical challenges for legal change. Importantly too, this article asserts that while finding principles is difficult, there is much, though within sociocultural limits, to be gained in a pragmatic solution. In issue is the matter of providing a second chance for insolvent individuals and small, micro-enterprises, an ancillary pillar to financial inclusion – the right of people to re-enter credit and finance. Associated with financial inclusion is the need to balance access to credit and finance with the need perceived by some cultures as the ill of over-indebtedness. Comparative law thus sheds light on how different jurisdictions attempt to walk that delicate tight rope.

Publication Type:	Article
Additional Information:	This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of International and Comparative Law following peer review. The definitive published version Chuah, J. (2023). A thematic evaluation of the law’s response to access to credit and debtor financial relief. Journal of International and Comparative Law, 10(2), pp. 157-166 is available online at https://www.jicl.org.uk.
Publisher Keywords:	abusive lending, financial inclusion, insolvency reorganisation and restructuring, legal pragmatism, personal insolvency, small and micro enterprises
Subjects:	J Political Science > JX International law K Law > K Law (General)
Departments:	The City Law School The City Law School > Academic Programmes
SWORD Depositor:	Symplectic Administrator

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