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Legal Institutions and Informal Networks

Author

Listed:
  • Ethan Bueno de Mesquita

    (Department of Political Science, Center in Political Economy at Washington University, ebuenode@artsci.wustl.edu)

  • Matthew Stephenson

    (Harvard Law School, mstephen@law.harvard.edu)

Abstract

The relationship between third-party contract enforcement and informal networks raises important sociological, political, and economic questions. When economic activity is embedded in social structures, what are the implications of third-party contract enforcement for the scope and nature of economic relations? What determines whether individuals rely on formal legal institutions or informal networks to sustain trade relationships? Do legal institutions erode informal networks? We develop a model in which a trade-off exists between size and sustainability of networks. By adding the possibility of fee-based, enforceable contracts, we provide a theoretical explanation for the coexistence of legal contract enforcement and an informal economy. We find that legal enforcement has little effect on networks until law becomes sufficiently inexpensive, at which point small decreases in the cost of law have dramatic effects on network size and the frequency of use of the legal system.

Suggested Citation

  • Ethan Bueno de Mesquita & Matthew Stephenson, 2006. "Legal Institutions and Informal Networks," Journal of Theoretical Politics, , vol. 18(1), pages 40-67, January.
  • Handle: RePEc:sae:jothpo:v:18:y:2006:i:1:p:40-67
    DOI: 10.1177/0951629806059595
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    References listed on IDEAS

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    1. Paul R. Milgrom & Douglass C. North & Barry R. Weingast*, 1990. "The Role Of Institutions In The Revival Of Trade: The Law Merchant, Private Judges, And The Champagne Fairs," Economics and Politics, Wiley Blackwell, vol. 2(1), pages 1-23, March.
    2. Greif, Avner, 1993. "Contract Enforceability and Economic Institutions in Early Trade: the Maghribi Traders' Coalition," American Economic Review, American Economic Association, vol. 83(3), pages 525-548, June.
    3. Kranton, Rachel E. & Swamy, Anand V., 1999. "The hazards of piecemeal reform: british civil courts and the credit market in colonial India," Journal of Development Economics, Elsevier, vol. 58(1), pages 1-24, February.
    4. Fafchamps, Marcel, 1996. "The enforcement of commercial contracts in Ghana," World Development, Elsevier, vol. 24(3), pages 427-448, March.
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    8. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-157, January.
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    Cited by:

    1. Susanne Meyer & Javier Revilla Diez, 2015. "One country, two systems: How regional institutions shape governance modes in the greater Pearl River Delta, China," Papers in Regional Science, Wiley Blackwell, vol. 94(4), pages 891-900, November.
    2. Bodoh-Creed, Aaron L., 2019. "Endogenous institutional selection, building trust, and economic growth," Games and Economic Behavior, Elsevier, vol. 114(C), pages 169-176.

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