IDEAS home Printed from
MyIDEAS: Login to save this article or follow this journal

No sólo de mercado vive la democracia. El fenómeno del (in)cumplimiento al derecho y su relación con el desarrollo, la justicia y la democracia

  • Mauricio García Villegas


    (Universidad Nacional de Colombia)

Registered author(s):

    This article analyzes the non compliance of the law in Latin America, particularly in Colombia. The core of the paper is the contrast between two different approaches: the strategic vision which argues that this failure is a consequence of the lack of institutional capacity to impose effective penalties; and the rebellion vision, which explains the failure as an expression of values or ideologies. The article examines the doctrinal roots related with the strategic vision – the social capital theories, studies in Law and economics and the new institutionalism – their reception in our environment and their application in the context of the judicial reform. This critical examination highlights the analytical differences between these two visions and their implications in the justice system and the social law: even though both visions are partial, each one of them is partly true. Compliance of law can not be achieved only by imposing sanctions and incentives, or by promoting a unilateral favorer attitude for compliance of the law. Rational behavior must also be complemented by the perception of the legitimacy of the institutions. Market and the democracy are both equally essential for the existence of a Rule of law.

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.

    File URL:
    Download Restriction: no

    Article provided by Universidad Externado de Colombia - Facultad de Economía in its journal Revista de Economía Institucional.

    Volume (Year): 6 (2004)
    Issue (Month): 10 (January-June)
    Pages: 95-134

    in new window

    Handle: RePEc:rei:ecoins:v:6:y:2004:i:10:p:95-134
    Contact details of provider: Postal: Cra. 1 No. 12-68 Casa de las Mandolinas
    Phone: (571) 2826066 Ext. 1307
    Fax: (571) 2826066 Ext. 1304
    Web page:

    More information through EDIRC

    References listed on IDEAS
    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.:

    as in new window
    1. Posner, Richard A, 1980. "A Theory of Primitive Society, with Special Reference to Law," Journal of Law and Economics, University of Chicago Press, vol. 23(1), pages 1-53, April.
    2. Gonzalo Vargas Forero, 2002. "Hacia una teoría del capital social," Revista de Economía Institucional, Universidad Externado de Colombia - Facultad de Economía, vol. 4(6), pages 71-108, January-J.
    3. Rowat, M. & Malik, W.H. & Dakolias, M., 1995. "Judicial Reform in Latin America and the Caribbean," Papers 280, World Bank - Technical Papers.
    Full references (including those not matched with items on IDEAS)

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    When requesting a correction, please mention this item's handle: RePEc:rei:ecoins:v:6:y:2004:i:10:p:95-134. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Paola Rodríguez)

    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 references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link 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 profile, as there may be some citations waiting for confirmation.

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

    This information is provided to you by IDEAS at the Research Division of the Federal Reserve Bank of St. Louis using RePEc data.