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 overindebtedness. Comparative law thus sheds light on how different jurisdictions attempt to walk that delicate tight rope.
Keywords: abusive lending; financial inclusion; insolvency reorganisation and restructuring; legal pragmatism; personal insolvency; small and micro enterprises
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