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Using the Law to Change the Custom

Author

Listed:
  • Gani Aldashev

    (University of Namur and CRED)

  • Imane Chaara

    (University of Namur and CRED)

  • Jean-Philippe Platteau

    (University of Namur and CRED)

  • Zaki Wahhaj

    (University of Namur and CRED)

Abstract

We build a simple model of legal dualism in which a pro-poor legal reform, under certain conditions, causes the conflicting custom to go some way toward producing the change intended by the legislator. It then acts as an "outside anchor" that exerts a "magnet effect" on the custom. We illustrate this insight using examples on inheritance, marriage, and divorce issues in Sub-Saharan Africa and India. We also characterize the conditions under which a moderate pro-poor reform is more effective than a radical reform.

Suggested Citation

  • Gani Aldashev & Imane Chaara & Jean-Philippe Platteau & Zaki Wahhaj, 2010. "Using the Law to Change the Custom," Working Papers 2010.60, Fondazione Eni Enrico Mattei.
    • Handle: RePEc:fem:femwpa:2010.60
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    More about this item

    Keywords

    Custom; Statutory Law; Inequality; Legal Reform;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
    • D74 - Microeconomics - - Analysis of Collective Decision-Making - - - Conflict; Conflict Resolution; Alliances; Revolutions

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