Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States

By Bruce G. Carruthers; Terence C. Halliday | Go to book overview

3 The Structure of Influence in Bankruptcy Law-making

Political influence in law-making arrays along two dimensions. Lawmaking has a temporal structure: it unfolds along a time line. At first blush, this observation appears obvious to the point of triteness. Closer examination, however, reveals that how events unfold through time produces opportunities and introduces constraints that variously benefit those actors with the power to set and unset agendas. Time is a resource that can be manipulated by prolonging a reform cycle or speeding it up, by widening or narrowing agendas, by adding or subtracting stages, or by including or excluding participants at different moments.1

Law-making also has a political structure: it configures political actors in ways that broaden or narrow the range and profiles of interests brought to bear on issues in the political arena. The political structure emerges from negotiations among actors who seek access to the decision-making process, between actors that have conflicting or coinciding interests, among civil servants, government agencies, legislators, and private organizations, and between experts and generalists. The power to configure those political interests significantly determines both the form and content of the outcomes.

This chapter examines the interplay of temporal and political structures in the reform of bankruptcy law. We begin by sketching a general macro-economic context that itself framed the terms of debate and set the range of options available to English and American lawmakers. Holding this particular historical moment constant, we present some influential social science theories that seek to explain which actors have the highest probability of coming out ahead, and which political and economic struggles are most likely to dominate on the road to statutory enactment. With these economic and sociological contexts in place, we outline the main events and the primary actors who crafted the 1978 Bankruptcy Code and the Insolvency Act 1986. The chapter concludes with a theoretical stock-taking on theories and structures of influence.

____________________
1
For an interpretation of the bankruptcy reforms as episodes of agenda-setting, see Carruthers and Halliday ( 1990). More generally, see Kingdon ( 1984).

-63-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Rescuing Business: The Making of Corporate Bankruptcy Law in England and the United States
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 582

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

    Already a member? Log in now.