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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
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Bloodtaking and Peacemaking: Feud, Law, and Society in Saga Iceland
ComponentDOI
The Role of Institutions
TL;DR: In this article, a case study about a services coalition in a developing country that provides a viable solution to developing the services sector in a country is presented. The focus of the case study is Barbados, a very small island (166 square miles) in the Caribbean with a population of 280,000 people.
Journal ArticleDOI
Microfoundations of the Rule of Law
TL;DR: In this article, the authors canvas literature in the social sciences to identify the themes and gaps in the existing accounts and conclude that this literature has failed to produce a microfoundational account of the phenomenon of legal order.
Journal ArticleDOI
Microfoundations of the Rule of Law
TL;DR: In this article, the authors canvas literature in the social sciences to identify the themes and gaps in the existing accounts and conclude that this literature has failed to produce a microfoundational account of the phenomenon of legal order.
Journal ArticleDOI
Anarchy, self-governance, and legal titling
TL;DR: In this paper, the authors apply the concept of "efficient anarchy" to legal titling in rural Afghanistan, and show that anarchy of land governance is a better option than legal Titling.
References
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Journal ArticleDOI
Studies in History and Jurisprudence
Munroe Smith,James Bryce +1 more
TL;DR: The Analytic Method of Law as mentioned in this paper is a well-known method in the legal science literature, and it has been used for a long time in the practice of legal science.
Posted Content
Institutions and European Trade
TL;DR: Ogilvie as discussed by the authors examined the role of merchant guilds in the medieval and early modern economy and found that they were an effective way for the rich and powerful to increase their wealth, at the expense of outsiders, customers and society as a whole.
Journal ArticleDOI
What Is Law? A Coordination Model of the Characteristics of Legal Order
TL;DR: In this article, a rational choice model of legal order in an environment that relies exclusively on decentralized enforcement is presented, which can support an equilibrium in which wrongful behavior is effectively deterred by exclusively decentralized enforcement, specifically collective punishment.
Journal ArticleDOI
English Economic History: Select Documents.
ComponentDOI
The Role of Institutions
TL;DR: In this article, a case study about a services coalition in a developing country that provides a viable solution to developing the services sector in a country is presented. The focus of the case study is Barbados, a very small island (166 square miles) in the Caribbean with a population of 280,000 people.