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The political economy of law enforcement

Author

Listed:
  • Dewey, Matías
  • Woll, Cornelia
  • Ronconi, Lucas

Abstract

The legal order is the legitimate foundation of liberal democracy. Its incomplete enforcement of the law can therefore appear dysfunctional, reflecting weak institutions, state capture, and corrupt practices. This paper casts doubt on such categorical assessments by systematically examining the reasons for and intentions behind incomplete enforcement. It argues that law enforcement is part of the political process that is deeply affected by the constellation of actors concerned. Choices over law enforcement produce social order that is analytically distinct from the production of legal norms and their formal implementation. By analyzing different types of partial enforcement, its rationales, and intended effects, we propose an approach that studies law enforcement as an integral part of public policy analysis and of the study of socioeconomic orders.

Suggested Citation

  • Dewey, Matías & Woll, Cornelia & Ronconi, Lucas, 2021. "The political economy of law enforcement," MaxPo Discussion Paper Series 21/1, Max Planck Sciences Po Center on Coping with Instability in Market Societies (MaxPo).
    • Handle: RePEc:zbw:maxpod:211
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    References listed on IDEAS

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    1. Belén Fernández Milmanda & Candelaria Garay, 2020. "The Multilevel Politics of Enforcement: Environmental Institutions in Argentina," Politics & Society, , vol. 48(1), pages 3-26, March.
    2. Lucas Ronconi, 2010. "Enforcement and Compliance with Labor Regulations in Argentina," ILR Review, Cornell University, ILR School, vol. 63(4), pages 719-736, July.
    3. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
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    5. George J. Stigler, 1971. "The Theory of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 2(1), pages 3-21, Spring.
    6. Beqiraj, Elton & Fedeli, Silvia & Giuriato, Luisa, 2020. "Policy tolerance of economic crime? An empirical analysis of the effect of counterfeiting on Italian trade," European Journal of Political Economy, Elsevier, vol. 65(C).
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    9. Lucas Ronconi, 2012. "Globalization, Domestic Institutions, and Enforcement of Labor Law: Evidence from Latin America," Industrial Relations: A Journal of Economy and Society, Wiley Blackwell, vol. 51(1), pages 89-105, January.
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    13. Cornelia Woll & Sophie Jacquot, 2010. "Using Europe: Strategic Action in Multi-Level Politics," Post-Print hal-01023857, HAL.
    14. Tim Bates & David Fasenfest, 2005. "Enforcement Mechanisms Discouraging Black–American Presence in Suburban Detroit," International Journal of Urban and Regional Research, Wiley Blackwell, vol. 29(4), pages 960-971, December.
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    Cited by:

    1. Matías Dewey & Donato Di Carlo, 2022. "Governing through non‐enforcement: Regulatory forbearance as industrial policy in advanced economies," Regulation & Governance, John Wiley & Sons, vol. 16(3), pages 930-950, July.

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    Keywords

    corruption; economic development; forbearance; informal institutions; law enforcement; policy implementation; state capacity;
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