Journal ArticleDOI
Law without the State: Legal Attributes and the Coordination of Decentralized Collective Punishment
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Abstract:
Most social scientists take for granted that law is defined by the presence of a centralized authority capable of exacting coercive penalties for violations of legal rules. Moreover, the existing approach to analyzing law in economics and positive political theory works with a very thin concept of law that does not account for the distinctive attributes of legal order as compared with other forms of social order. Drawing on a model developed elsewhere, we reinterpret key case studies to demonstrate how a theoretically informed approach illuminates questions about the emergence, stability, and function of law in supporting economic and democratic growth.read more
Citations
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Journal ArticleDOI
Scaffolding: Using Formal Contracts to Build Informal Relations in Support of Innovation
Iva Bozovic,Gillian K. Hadfield +1 more
TL;DR: In this paper, the authors investigated the role of formal contract law in managing external relationships and found that large and small companies that described innovation-oriented external relationships reported extensive use of formal contracts to plan and manage these relationships.
Journal ArticleDOI
Wealth-destroying states
TL;DR: In this paper, the authors extend the contract theory of the state by showing how the behavior of rulers depends on political stability, political constraints, self-governance, and foreign intervention, and use evidence from Afghanistan to illustrate how political instability and the absence of meaningful political constraints enables the predatory state.
Book
The Rule of Law in the Real World
TL;DR: The Rule of Law in the Real World by Paul Gowder as mentioned in this paper argues that the rule of law, thus understood, creates and preserves social equality in a state, and sheds light on how societies have achieved the law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future.
Posted Content
Constitutions as Coordinating Devices
TL;DR: Hadfield and Weingast as mentioned in this paper argue that constitutions have developed their distinctive structure to coordinate beliefs among diverse individuals and thus to improve the efficacy of decentralized rule enforcement mechanisms, the only way in which constitutions can be enforced.
Journal ArticleDOI
Theorizing Transnational Legal Ordering
TL;DR: In this paper, the authors categorize three approaches to theorizing transnational legal ordering that respectively address private legal ordering; provide a framework for the study of the interaction of lawmaking and practice at the transnational, national, and local levels; and reconfigure the concept of law.
References
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Book ChapterDOI
Economy and society : an outline of interpretive sociology
TL;DR: In this article, the authors discuss the economy and the Arena of Normative and De Facto Powers in the context of social norms and economic action in the social sciences, and propose several categories of economic action.
Journal ArticleDOI
Altruistic punishment in humans.
Ernst Fehr,Simon Gächter +1 more
TL;DR: In this article, it was shown that negative emotions towards defectors are the proximate mechanism behind altruistic punishment and that cooperation flourishes if altruistic punishments are possible, and breaks down if it is ruled out.
Book
The Concept of Law
TL;DR: The Foundations of a Legal System as mentioned in this paper is an example of a legal system based on formalism and rule-scepticism, and it can be seen as a union of primary and secondary rules.
Posted Content
Altruistic Punishment in Humans
Ernst Fehr,Simon Gaechter +1 more
TL;DR: It is shown experimentally that the altruistic punishment of defectors is a key motive for the explanation of cooperation, and that future study of the evolution of human cooperation should include a strong focus on explaining altruistic punished.