Using the law to change the custom
AbstractThe custom often acts as a powerful hindrance to equity-increasing changes. In this paper, we present a simple model of legal dualism in which a progressive legal reform can, under certain conditions, shift the conflicting custom in the direction intended by the legislator. Formal law then acts as an outside anchor that exerts a 'magnet effect’ on the custom. We also characterize the conditions under which a moderate reform performs better than a radical one in improving the welfare of the disadvantaged sections of the population. We illustrate our insights using examples on inheritance, marriage, and divorce in Sub-Saharan Africa and India.
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Bibliographic InfoArticle provided by Elsevier in its journal Journal of Development Economics.
Volume (Year): 97 (2012)
Issue (Month): 2 ()
Contact details of provider:
Web page: http://www.elsevier.com/locate/devec
Custom; Statutory law; Legal reform;
Other versions of this item:
- K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General
- O17 - Economic Development, 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
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- Marcel Fafchamps & Agnes Quisumbing, 2000.
"Control and ownership of assets within rural Ethiopian households,"
CSAE Working Paper Series
2000-27, Centre for the Study of African Economies, University of Oxford.
- M. Fafchamps & A. R. Quisumbing, 2002. "Control and Ownership of Assets Within Rural Ethiopian Households," The Journal of Development Studies, Taylor and Francis Journals, vol. 38(6), pages 47-82.
- Fafchamps, Marcel & Quisumbing, Agnes R., 2001. "Control and ownership of assets within rural Ethiopian households," FCND briefs 120, International Food Policy Research Institute (IFPRI).
- Fafchamps, Marcel & Quisumbing, Agnes R., 2001. "Control and ownership of assets within rural Ethiopian households," FCND discussion papers 120, International Food Policy Research Institute (IFPRI).
- Marcel Fafchamps & Agnes R Quisumbing, 2000. "Control and Ownership of Assets Within Rural Ethiopian Households," Economics Series Working Papers WPS/2000-27, University of Oxford, Department of Economics.
- Nicola Gennaioli & Andrei Shleifer, 2007.
"The Evolution of Common Law,"
Journal of Political Economy,
University of Chicago Press, vol. 115, pages 43-68.
- Daniel Berkowitz & Karina Pistor & Jean-Francois Richard, 2001.
"Economic Development, Legality, and the Transplant Effect,"
William Davidson Institute Working Papers Series
410, William Davidson Institute at the University of Michigan.
- Berkowitz, Daniel & Pistor, Katharina & Richard, Jean-Francois, 2003. "Economic development, legality, and the transplant effect," European Economic Review, Elsevier, vol. 47(1), pages 165-195, February.
- Daniel Berkowitz & Katharina Pistor & Jean-Francois Richard, 2000. "Economic Development, Legality, and the Transplant Effect," William Davidson Institute Working Papers Series 308, William Davidson Institute at the University of Michigan.
- Daniel Berkowitz & Katharina Pistor & Jean-Francois Richard, 2000. "Economic Development, Legality, and the Transplant Effect," CID Working Papers 39, Center for International Development at Harvard University.
- Miceli, Thomas J. & Cosgel, Metin M., 1994. "Reputation and judicial decision-making," Journal of Economic Behavior & Organization, Elsevier, vol. 23(1), pages 31-51, January.
- Surajeet Chakravarty & W. Bentley MacLeod, 2009.
"Contracting in the shadow of the law,"
RAND Journal of Economics,
RAND Corporation, vol. 40(3), pages 533-557.
- AKA, Bédia F, 2007. "Gender, Land Access And Rural Poverty In Côte D’Ivoire," International Journal of Applied Econometrics and Quantitative Studies, Euro-American Association of Economic Development, vol. 4(1), pages 21-36.
- Rasmusen, Eric, 1994.
"Judicial Legitimacy as a Repeated Game,"
Journal of Law, Economics and Organization,
Oxford University Press, vol. 10(1), pages 63-83, April.
- Andre, Catherine & Platteau, Jean-Philippe, 1998. "Land relations under unbearable stress: Rwanda caught in the Malthusian trap," Journal of Economic Behavior & Organization, Elsevier, vol. 34(1), pages 1-47, January.
- Katharina Pistor & Yoram Keinan & Jan Kleinheisterkamp & Mark D. West, 2003. "Evolution of Corporate Law and the Transplant Effect: Lessons from Six Countries," World Bank Research Observer, World Bank Group, vol. 18(1), pages 89-112.
- Abhijit V. Banerjee & Paul J. Gertler & Maitreesh Ghatak, 2002. "Empowerment and Efficiency: Tenancy Reform in West Bengal," Journal of Political Economy, University of Chicago Press, vol. 110(2), pages 239-280, April.
- Frederic Gaspart & Jean-Philippe Platteau, 2010. "Strategic Behavior and Marriage Payments: Theory and Evidence from Senegal," Economic Development and Cultural Change, University of Chicago Press, vol. 59(1), pages 149-185, October.
- Kranton, Rachel E, 1996. "Reciprocal Exchange: A Self-Sustaining System," American Economic Review, American Economic Association, vol. 86(4), pages 830-51, September.
- Shavell, Steven, 1995. "Alternative Dispute Resolution: An Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 1-28, January.
- Olivier STERCK & Olivia D’AOUST, 2012. "Who Benefits from Customary Justice? Rent-seeking, Bribery and Criminality in Sub-Saharan Africa," Discussion Papers (IRES - Institut de Recherches Economiques et Sociales) 2012015, Université catholique de Louvain, Institut de Recherches Economiques et Sociales (IRES).
- Cervellati, Matteo & Vanin, Paolo, 2013.
"“Thou shalt not covet”: Prohibitions, temptation and moral values,"
Journal of Public Economics,
Elsevier, vol. 103(C), pages 15-28.
- Cervellati, Matteo & Vanin, Paolo, 2013. ""Thou Shalt Not Covet ...": Prohibitions, Temptation and Moral Values," IZA Discussion Papers 7334, Institute for the Study of Labor (IZA).
- Matteo Cervellati & Paolo Vanin, 2010. "”Thou shalt not covet ...”: Prohibitions, Temptation and Moral Values," Working Papers 2010.54, Fondazione Eni Enrico Mattei.
- Mizuno, Nobuhiro, 2013. "Political Structure as a Legacy of Indirect Colonial Rule: Bargaining between National Governments and Rural Elites in Africa," MPRA Paper 48771, University Library of Munich, Germany.
- Gani Aldashev, 2009. "Legal institutions, political economy, and development," Oxford Review of Economic Policy, Oxford University Press, vol. 25(2), pages 257-270, Summer.
- Chaara, Imane, 2011. "Pro-Women Legal Reform in Morocco: Is Religion an Obstacle?," Proceedings of the German Development Economics Conference, Berlin 2011 17, Verein für Socialpolitik, Research Committee Development Economics.
- Platteau, Jean-Philippe, 2009. "Institutional obstacles to African economic development: State, ethnicity, and custom," Journal of Economic Behavior & Organization, Elsevier, vol. 71(3), pages 669-689, September.
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