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Laws, norms, and the Institutional Analysis and Development framework

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  • COLE, DANIEL H.

Abstract

Elinor Ostrom's Institutional Analysis and Development (IAD) framework has been described as ‘one of the most developed and sophisticated attempts to use institutional and stakeholder assessment in order to link theory and practice, analysis and policy’. But not all elements in the framework are sufficiently well developed. This paper focuses on one such element: the ‘rules-in-use’ (a.k.a. ‘rules’ or ‘working rules’). Specifically, it begins a long-overdue conversation about relations between formal legal rules and ‘working rules’ by offering a tentative and very simple typology of relations. Type 1: Some formal legal rules equal or approximate the working rules; Type 2: Some legal rules plus (or emended by) widely held social norms equal or approximate the working rules; and Type 3: Some legal rules bear no evident relation to the working rules. Several examples, including some previously used by Ostrom, are provided to illustrate each of the three types, which can be conceived of as nodes or ranges along a continuum. The paper concludes with a call for empirical research, especially case studies and meta-analyses, to determine the relevant scope of each of these types of relations, and to provide data for furthering our understanding of how different types of rules, from various sources, function (or not) as institutions.

Suggested Citation

  • Cole, Daniel H., 2017. "Laws, norms, and the Institutional Analysis and Development framework," Journal of Institutional Economics, Cambridge University Press, vol. 13(4), pages 829-847, December.
    • Handle: RePEc:cup:jinsec:v:13:y:2017:i:04:p:829-847_00
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    Cited by:

    1. Abimbola A. Adebayo & Kris Lulofs & Michiel Adriaan Heldeweg, 2023. "Indicators, Strategies, and Rule Settings for Sustainable Public–Private Infrastructure Partnerships: From Literature Review towards Institutional Designs," Sustainability, MDPI, vol. 15(12), pages 1-26, June.
    2. Dias, Vitor M. & Soares, Pedro Paulo de Miranda Araújo & Brondizio, Eduardo S. & Cruz, Sandra Helena Ribeiro, 2021. "Grassroots mobilization in Brazil’s urban Amazon: Global investments, persistent floods, and local resistance across political and legal arenas," World Development, Elsevier, vol. 146(C).
    3. Daniel Fitzpatrick & Rebecca Monson, 2022. "Property rights and climate migration: Adaptive governance in the South Pacific," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 519-535, April.
    4. Elena Raevskikh & Randa Omar Haidar & Norah Alkhamis, 2021. "Cultural indicators in Abu Dhabi: theoretic framework and challenges for their building," Quality & Quantity: International Journal of Methodology, Springer, vol. 55(6), pages 2065-2086, December.
    5. Izabela Ostoj, 2019. "On the validity of the division into formal and informal institutions," Ekonomia i Prawo, Uniwersytet Mikolaja Kopernika, vol. 18(1), pages 61-72, March.
    6. Minna Havukainen & Mirja Mikkilä & Helena Kahiluoto, 2022. "Climate Policy Reform in Nepal through the Lenses of the Institutional Analysis and Development Framework," Sustainability, MDPI, vol. 14(12), pages 1-21, June.
    7. Namujju, Lillian Donna & Acquah-Swanzy, Henrietta & Ngoti, Irene F., 2023. "An IAD framework analysis of minigrid institutions for sustainable rural electrification in East Africa: A comparative study of Uganda and Tanzania," Energy Policy, Elsevier, vol. 182(C).
    8. Seny Kan, Konan A. & Agbodjo, Serge & Gandja, Serge V., 2021. "Accounting polycentricity in Africa: Framing an ‘accounting and development’ research agenda," CRITICAL PERSPECTIVES ON ACCOUNTING, Elsevier, vol. 78(C).

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