Endogenous Enforcement Institutions
AbstractWe model the State as a self-enforcing agreement over the use of force. A principal contracts with an agent, and a powerful ruler enforces their contracts through a mix of monetary fines and coercion. If the ruler fails to enforce, or if he uses his power to expropriate, all parties revert to low production forever after. Our model has two important implications. First, a better coercion technology moves the optimal system from private ordering, where contracts are enforced by the threat of termination, to the State, where they are enforced by the threat of coercion. This is consistent with the historical correlation between improvements in coercion and the transition from the Law Merchant enforcement system to the State. Second, contract enforcement and non-expropriation are complementary inputs in the State, in the sense that improvements in the enforcement technology increase the agents effort only if the ruler has limited expropriation power, so that the rulers incentive constraint on contractual enforcement is binding. This result relates to the Acemoglu and Johnson (2005) finding that constraints on rulers have affected the development of nations more than improvements in contractual enforcement. Using their data we find that, consistent with our model, contractual enforcement does affect development, but only when the rulers expropriation power is sufficiently constrained.
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Bibliographic InfoPaper provided by University of Namur, Department of Economics in its series Working Papers with number 1403.
Length: 41 pages
Date of creation: Jan 2014
Date of revision:
Enforcement; Punishment; Coercive power; Relational contracts; State;
Find related papers by JEL classification:
- D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
- K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
- P37 - Economic Systems - - Socialist Institutions and Their Transitions - - - Legal
This paper has been announced in the following NEP Reports:
- NEP-ALL-2014-03-08 (All new papers)
- NEP-CTA-2014-03-08 (Contract Theory & Applications)
- NEP-GRO-2014-03-08 (Economic Growth)
- NEP-LAW-2014-03-08 (Law & Economics)
- NEP-MIC-2014-03-08 (Microeconomics)
- NEP-REG-2014-03-08 (Regulation)
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Baker, George & Gibbons, Robert & Murphy, Kevin J, 1999. "Informal Authority in Organizations," Journal of Law, Economics and Organization, Oxford University Press, vol. 15(1), pages 56-73, April.
- Bendor, Jonathan & Mookherjee, Dilip, 1990. "Norms, Third-Party Sanctions, and Cooperation," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(1), pages 33-63, Spring.
- Masten, S.E. & Prüfer, J., 2011.
"On the Evolution of Collective Enforcement Institutions: Communities and Courts,"
2011-074, Tilburg University, Center for Economic Research.
- Prüfer, J., 2011. "On the Evolution of Collective Enforcement Institutions: Communities and Courts," Discussion Paper 2011-017, Tilburg University, Tilburg Law and Economic Center.
- Yang Yao & Monica Martinez Bravo & Gerard Padro i Miquel & Nancy Qia, 2012.
"The Effects of Democratization on Public Goods and Redistribution: Evidence from China,"
- Monica Martinez-Bravo & Gerard Padró i Miquel & Nancy Qian & Yang Yao, 2012. "The Effects of Democratization on Public Goods and Redistribution: Evidence from China," NBER Working Papers 18101, National Bureau of Economic Research, Inc.
- Martinez-Bravo, Monica & Padro, Gerard & Qian, Nancy & Yao, Yang, 2012. "The Effects of Democratization on Public Goods and Redistribution: Evidence from China," CEPR Discussion Papers 8975, C.E.P.R. Discussion Papers.
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