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Theories of Overindebtedness: Interaction of Structure and Culture

Jean Braucher
University of Arizona - James E. Rogers College of Law



Arizona Legal Studies Discussion Paper No. 06-04
Theoretical Inquiries in the Law, 2006

Abstract:     
Consumer bankruptcy scholars typically stress either a structural or a cultural account of individuals' problems with debt. Drawing on the history of poverty research, this article argues that research on consumer overindebtedness and bankruptcy should avoid the pitfall of seeing structural and cultural factors as opposing explanations. Deregulation of the credit industry and an incomplete social safety net are key structural conditions that lead to a culture hospitable to overindebtedness. Furthermore, the interaction of structure and culture has practical policy implications. Structural changes such as interest-rate deregulation inevitably transform both business and consumer culture. Policies designed to create a different consumer culture will have a hard time when pitted against strong structural causes of overindebtedness. At a minimum, efforts to create a culture of personal financial responsibility need a strong structural base, such as public education starting at a young age, and could easily require a generation or more to take hold.

Keywords: debt, bankruptcy, consumer culture

Accepted Paper Series

Date posted: October 27, 2005 ; Last revised: June 23, 2006

Suggested Citation

Braucher, Jean, Theories of Overindebtedness: Interaction of Structure and Culture. Arizona Legal Studies Discussion Paper No. 06-04; Theoretical Inquiries in the Law, 2006. Available at SSRN: http://ssrn.com/abstract=826006


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Contact Information

Jean Braucher (Contact Author)
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
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