Regulation and state capacity

While one might expect states with low capacity to regulate less than states with high capacity, this is not supported by evidence, leaving open the possibility of rent-seeking. I use the example of the regulation of witchcraft in parts of Africa to informally model the conditions under which states with low capacity still come to promulgate a range of regulations even in the absence of rent-seeking interests. The model suggests that regulation can be a substitute for basic state functions like policing. I identify one normatively troubling aspect of this; the conditions under which such regulation might still improve state capacity over time, which qualifies claims made about rent-seeking and neo-patrimonialism; the model’s implications for contemporary state formation; and the parallels between the regulation of witchcraft and the regulation of offensive speech.