This Article Full Text (PDF) References Alert me when this article is cited Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Alert me to new issues of the journal Add to Saved Citations Download to citation manager Request Permissions Request Reprints Add to My Marked Citations Citing Articles Citing Articles via Google Scholar Citing Articles via Scopus Google Scholar Articles by Carlsson, B. Articles by Hoff, D. Search for Related Content Social Bookmarking                         What's this?

Dealing with Insolvency and Indebted Individuals in Respect to Law and Morality

University of Lund, Sweden

David Hoff

University of Lund, Sweden

This article is focused on the social and moral problems of insolvency and indebtedness, presenting and analysing the legal structure of the Swedish Act (1994) of Reconstruction of Insolvency. The analysis is related to a revitalisation of Durkheim’s sociology on the forms of social solidarity and, thereby, to the search for moral bonds in our modern and rationalised society. Thus, the analysis will focus on the importance of the sacred symbolism of making efforts and presenting good will. By connecting the insolvency law to a Durkheimian analysis of social solidarity, the article presents functionality and morality as different forces that emphasise the ‘sacred symbolism of punishment’, in order to both strengthen ‘work ethics’ and make legitimate the principle of social welfare and the ‘security net’. According to the analysis, an individual must trustworthily deserve, in a moral sense, the legal opportunity of clearing his or her debts. The clearing of the debt must be pointed out as fair and proved, through the quality of effort and sacrifice.

Social & Legal Studies, Vol. 9, No. 2, 293-317 (2000)
DOI: 10.1177/096466390000900206


CiteULike    Complore    Connotea    Del.icio.us    Digg    Reddit    Technorati    Twitter    What's this?