Formal Law as a Magnet to Reform Custom
The question of the role of statutory law in social environments permeated by custom and traditional norms is particularly important when the statutory law aims to correct social inequalities embedded in the customs. The conventional view is that formal law often fails to take root in custom-driven societies, especially when the formal law conflicts with custom. We present a simple analytical model with elite members and commoners as contendants in front of a customary judge. If unhappy with the customary judge's verdict, a contendant can make recourse to a formal court, but at a cost of social exclusion. We find that from the low activity of formal courts one cannot infer that the statutory law is irrelevant. We describe an indirect ("magnet") effect of formal law: by serving as an alternative forum for commoners, the formal system induces the customary judge (who tries to keep commoners within his jurisdiction) to adjust his verdicts toward the interests of commoners. We illustrate this mechanism through an in-depth case study of the so-called PNDC Law 111 on Intestate Succession in Ghana. Radicalism in legal reform may defeat its own purpose: under certain conditions, a gradual reform better serves the interests of the disadvantaged.
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.
As the access to this document is restricted, you may want to look for a different version under "Related research" (further below) or search for a different version of it.
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.:
- Timur Kuran, 2004. "The Economic Ascent of the Middle Eastâ€™s Religious Minorities: The Role of Islamic Legal Pluralism," The Journal of Legal Studies, University of Chicago Press, vol. 33(2), pages 475-515, 06.
- Aldashev, Gani & Chaara, Imane & Platteau, Jean-Philippe & Wahhaj, Zaki, 2012. "Using the law to change the custom," Journal of Development Economics, Elsevier, vol. 97(2), pages 182-200.
When requesting a correction, please mention this item's handle: RePEc:ucp:ecdecc:doi:10.1086/665607. 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: (Journals Division)
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.