Juggling with Norms: the Conflict Between Collective and Individual Rights Under Insolvency Law
IAN F. FLETCHER
The dedicatee of this volume is one of those rare figures in the world of the law whose reputation places them at the pinnacle of esteem among both academics and practitioners alike. In both communities, the name of Roy Goode and the subject of Commercial Law are virtually synonymous, to the extent that it is impossible to utter the one without immediately thinking of the other. Of the many illustrious achievements in a lifetime devoted to the forging of links between all constituencies who in some way involve themselves in the commercial aspects of law, special mention must be made of the unique vision and innovative daring which led him to conceive and establish the Centre for Commercial Law Studies at what was then, in 1980, Queen Mary College in the University of London. As the founding Director of the Centre for the first 10 years of its existence, Roy succeeded in creating an institution for advanced teaching and research whose vigour and vitality quickly gained international renown. As the current incumbent of the post of Director, I am daily conscious of the remarkable quality of the intellectual treasure house he has laid up for this and future generations of lawyers. It is an honour and a privilege to be invited to contribute to this celebratory publication, and at the same time to be able to acknowledge a personal sense of gratitude for his friendly guidance and counsel over many years.
Concern about rights -- especially those of the individual vis-á-vis the state and its organs of administration -- has become a growing preoccupation of legal and political discourse in the late twentieth century. In countries which had previously undergone, and digested, the turmoils of the postEnlightenment struggle to assert the fundamentality of certain civil and political freedoms as the basis for social organization and justice, the debate has tended to travel into increasingly elaborate stages of refinement,