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Traditional law in times of the nation state: why is it so prevalent?

Author

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  • Gutmann, Jerg
  • Voigt, Stefan

Abstract

In many modern nation states, both rich and poor, traditional law to this day plays an important role. Given the almost universal prevalence of traditional law, it is surprising how little we know about it. This is the first study that tries to take stock of traditional law from a cross-country perspective. We are also interested in the compatibility of traditional law with state-enforced law and, in particular, with the basic traits of the rule of law. Based on a sample of up to 134 countries, we find that no ‘typical’ traditional law exists, but that traditional law varies in many dimensions such as its timely enforcement, its impartiality, and its protection of basic human rights. Societies that rely extensively on traditional law score low regarding both the rule of law and per capita income. Historical and geographical factors are important predictors of the contemporaneous reliance on traditional law. State antiquity, for example, reduces the prevalence of traditional law, as does a high share of descendants from European populations.

Suggested Citation

  • Gutmann, Jerg & Voigt, Stefan, 2020. "Traditional law in times of the nation state: why is it so prevalent?," Journal of Institutional Economics, Cambridge University Press, vol. 16(4), pages 445-461, August.
    • Handle: RePEc:cup:jinsec:v:16:y:2020:i:4:p:445-461_6
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    Cited by:

    1. Martin Rode, 2022. "The institutional foundations of surf break governance in Atlantic Europe," Public Choice, Springer, vol. 190(1), pages 175-204, January.
    2. Nadia von Jacobi & Vito Amendolagine, 2021. "What Feeds on What? Networks of Interdependencies between Culture and Institutions," DEM Working Papers 2021/13, Department of Economics and Management.
    3. Daniel Aparicio-Pérez & Maria Teresa Balaguer-Coll & Emili Tortosa-Ausina, 2023. "On the relative contributions of national and regional institutions to economic development," Working Papers 2023/01, Economics Department, Universitat Jaume I, Castellón (Spain).
    4. Nadia von Jacobi & Vito Amendolagine, 2022. "What Feeds on What? Networks of Interdependencies between Culture and Institutions," Working Papers 11, SITES.
    5. Nadia Jacobi & Vito Amendolagine, 2023. "What feeds on what? Networks of interdependencies between culture and institutions," Economia Politica: Journal of Analytical and Institutional Economics, Springer;Fondazione Edison, vol. 40(2), pages 371-412, July.
    6. Dong, Ziguang & Li, Dongyu & Yuan, Bo, 2024. "Does the judicial independence affect foreign investment? Evidence from China," Finance Research Letters, Elsevier, vol. 68(C).
    7. Amendolagine, Vito & von Jacobi, Nadia, 2023. "Symbiotic relationships among formal and informal institutions: Comparing five Brazilian cultural ecosystems," Economic Systems, Elsevier, vol. 47(3).

    More about this item

    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K36 - Law and Economics - - Other Substantive Areas of Law - - - Family and Personal Law
    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
    • O57 - Economic Development, Innovation, Technological Change, and Growth - - Economywide Country Studies - - - Comparative Studies of Countries

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