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

Abstract

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.