IDEAS home Printed from https://ideas.repec.org/a/kap/copoec/v6y1995i3p211-231.html

Toward a theory of spontaneous law

Author

Listed:
  • Francesco Parisi

Abstract

Legal scholars have long recognized the significance of strategic behavior when considering how legal rules affect, individuals. In the principal applications of game theory to the law, legal rules have been analyzed as corrective devices for game inefficiencies. Law promotes what individuals cannot spontaneously achieve or helps them avoid the traps of strategic social interaction. The logic of this argument, however, needs to be reversed if one wishes to use game theory to explain the spontaneous emergence of law. The challenge is to apply the sophisticated tools of game theory to an appraisal of spontaneous sources of law and to consider the incentive structure of the originating environment as well as the possible role of strategic behavior in affecting the equilibrium outcome. Copyright Kluwer Academic Publishers 1995

Suggested Citation

  • Francesco Parisi, 1995. "Toward a theory of spontaneous law," Constitutional Political Economy, Springer, vol. 6(3), pages 211-231, October.
  • Handle: RePEc:kap:copoec:v:6:y:1995:i:3:p:211-231
    DOI: 10.1007/BF01303403
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1007/BF01303403
    Download Restriction: Access to full text is restricted to subscribers.

    File URL: https://libkey.io/10.1007/BF01303403?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to

    for a different version of it.

    References listed on IDEAS

    as
    1. Greif, Avner, 1989. "Reputation and Coalitions in Medieval Trade: Evidence on the Maghribi Traders," The Journal of Economic History, Cambridge University Press, vol. 49(4), pages 857-882, December.
    2. Drew Fudenberg & Eric Maskin, 2008. "The Folk Theorem In Repeated Games With Discounting Or With Incomplete Information," World Scientific Book Chapters, in: Drew Fudenberg & David K Levine (ed.), A Long-Run Collaboration On Long-Run Games, chapter 11, pages 209-230, World Scientific Publishing Co. Pte. Ltd..
    3. Kronman, Anthony T, 1985. "Contract Law and the State of Nature," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 1(1), pages 5-32, Spring.
    4. Cooter, Robert D., 1994. "Structural adjudication and the new law merchant: A model of decentralized law," International Review of Law and Economics, Elsevier, vol. 14(2), pages 215-231, June.
    5. Levy, David, 1988. "Utility-Enhancing Consumption Constraints," Economics and Philosophy, Cambridge University Press, vol. 4(1), pages 69-88, April.
    6. Bruce Benson, 1992. "Customary law as a social contract: International commercial law," Constitutional Political Economy, Springer, vol. 3(1), pages 1-27, December.
    7. Richard Wagner, 1992. "Crafting social rules: Common law vs. statute law, once again," Constitutional Political Economy, Springer, vol. 3(3), pages 381-397, September.
    8. Williamson, Oliver E, 1983. "Credible Commitments: Using Hostages to Support Exchange," American Economic Review, American Economic Association, vol. 73(4), pages 519-540, September.
    9. Leibenstein, Harvey, 1982. "The Prisoners' Dilemma in the Invisible Hand: An Analysis of Intrafirm Productivity," American Economic Review, American Economic Association, vol. 72(2), pages 92-97, May.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Francesco Parisi, 2000. "The Cost of the Game: A Taxonomy of Social Interactions," European Journal of Law and Economics, Springer, vol. 9(2), pages 99-114, March.
    2. Fon, Vincy & Parisi, Francesco, 2008. "Role-reversibility, stochastic ignorance, and social cooperation," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 37(3), pages 1061-1075, June.
    3. Todd J. Zywicki & Edward P. Stringham, 2017. "Austrian law and economics and efficiency in the common law," Chapters, in: Todd J. Zywicki & Peter J. Boettke (ed.), Research Handbook on Austrian Law and Economics, chapter 9, pages 192-208, Edward Elgar Publishing.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Francesco Parisi, 2000. "The Cost of the Game: A Taxonomy of Social Interactions," European Journal of Law and Economics, Springer, vol. 9(2), pages 99-114, March.
    2. Bruce Benson, 1999. "To Arbitrate or To Litigate: That Is the Question," European Journal of Law and Economics, Springer, vol. 8(2), pages 91-151, September.
    3. Fon, Vincy & Parisi, Francesco, 2008. "Role-reversibility, stochastic ignorance, and social cooperation," Journal of Behavioral and Experimental Economics (formerly The Journal of Socio-Economics), Elsevier, vol. 37(3), pages 1061-1075, June.
    4. Janvier D. Nkurunziza, 2005. "Reputation and Credit without Collateral in Africa`s Formal Banking," Economics Series Working Papers WPS/2005-02, University of Oxford, Department of Economics.
    5. Benson Bruce L., 2000. "Jurisdictional Choice in International Trade: Implications for Lex Cybernatoria," Journal des Economistes et des Etudes Humaines, De Gruyter, vol. 10(1), pages 3-32, March.
    6. Noorderhaven, Niels G., 1995. "Transaction, interaction, institutionalization: Toward a dynamic theory of hybrid governance," Scandinavian Journal of Management, Elsevier, vol. 11(1), pages 43-55, March.
    7. Roth, M. Garrett & Skarbek, David, 2014. "Prison Gangs and the Community Responsibility System," Review of Behavioral Economics, now publishers, vol. 1(3), pages 223-243, May.
    8. Stringham, Edward Peter, 2011. "Embracing morals in economics: The role of internal moral constraints in a market economy," Journal of Economic Behavior & Organization, Elsevier, vol. 78(1), pages 98-109.
    9. Schramm, Matthias & Taube, Markus, 2003. "Evolution and institutional foundation of the hawala financial system," International Review of Financial Analysis, Elsevier, vol. 12(4), pages 405-420.
    10. DÖRRY Sabine, 2012. "Bridging Monopolies of Power: Foreign Tourism Trade Relations between Germany and Jordan and Constitutional Uncertainty," LISER Working Paper Series 2012-17, Luxembourg Institute of Socio-Economic Research (LISER).
    11. Geoffrey Hodgson, 2002. "The Evolution of Institutions: An Agenda for Future Theoretical Research," Constitutional Political Economy, Springer, vol. 13(2), pages 111-127, June.
    12. Bruce L. Benson, 2017. "Customary commercial law, credibility, contracting, and credit in the high Middle Ages," Chapters, in: Todd J. Zywicki & Peter J. Boettke (ed.), Research Handbook on Austrian Law and Economics, chapter 7, pages 129-177, Edward Elgar Publishing.
    13. Elias L. Khalil, 1995. "On the scope of economics : what is the question?," Finnish Economic Papers, Finnish Economic Association, vol. 8(1), pages 40-55, Spring.
    14. Volckart, Oliver, 2004. "The economics of feuding in late medieval Germany," Explorations in Economic History, Elsevier, vol. 41(3), pages 282-299, July.
    15. Przepiorka, Wojtek & Andreas, Diekmann, 2021. "Parochial cooperation and the emergence of signalling norms," SocArXiv 9tg2f, Center for Open Science.
    16. Hasker, Kevin, 2000. "Social Norms and Choice: A Weak Folk Theorem for Repeated Matching Games," Working Papers 2000-10, Rice University, Department of Economics.
    17. Serrano, Roberto & Zapater, Inigo, 1998. "The Three-Legged Race: Cooperating to Compete," Games and Economic Behavior, Elsevier, vol. 22(2), pages 343-363, February.
    18. Daniel Sutter, 1995. "Settling Old Scores," Journal of Conflict Resolution, Peace Science Society (International), vol. 39(1), pages 110-128, March.
    19. L. Van Den Hauwe, 1998. "Evolution and the Production of Rules—Some Preliminary Remarks," European Journal of Law and Economics, Springer, vol. 5(1), pages 81-117, January.
    20. Armando Razo, 2016. "Strategic embeddedness and the microfoundations of collective action: A comparative institutional analysis of the rule of law and informal institutions in cooperation games," Journal of Theoretical Politics, , vol. 28(1), pages 105-137, January.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:kap:copoec:v:6:y:1995:i:3:p:211-231. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Sonal Shukla or Springer Nature Abstracting and Indexing (email available below). General contact details of provider: http://www.springer.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.