How to Promote Order and Property Rights Under Weak Rule of Law? An Experiment in Changing Dispute Resolution Behavior Through Community Education

2013 ◽  
Author(s):  
Christopher Blattman ◽  
Alexandra Hartman ◽  
Robert Blair
Keyword(s):  
Property Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Community Education ◽  
Weak Rule

How to Promote Order and Property Rights under Weak Rule of Law? An Experiment in Changing Dispute Resolution Behavior through Community Education

2014 ◽  
Vol 108 (1) ◽  
pp. 100-120 ◽  
Author(s):  
CHRISTOPHER BLATTMAN ◽  
ALEXANDRA C. HARTMAN ◽  
ROBERT A. BLAIR
Keyword(s):  
Property Rights ◽  
Dispute Resolution ◽  
Community Education ◽  
Unintended Consequences ◽  
Weak States ◽  
Mass Education ◽  
High Stakes ◽  
Land Disputes ◽  
Informal Practices ◽  
One Year

Dispute resolution institutions facilitate agreements and preserve the peace whenever property rights are imperfect. In weak states, strengthening formal institutions can take decades, and so state and aid interventions also try to shape informal practices and norms governing disputes. Their goal is to improve bargaining and commitment, thus limiting disputes and violence. Mass education campaigns that promote alternative dispute resolution (ADR) are common examples of these interventions. We studied the short-term impacts of one such campaign in Liberia, where property disputes are endemic. Residents of 86 of 246 towns randomly received training in ADR practices and norms; this training reached 15% of adults. One year later, treated towns had higher resolution of land disputes and lower violence. Impacts spilled over to untrained residents. We also saw unintended consequences: more extrajudicial punishment and (weakly) more nonviolent disagreements. Results imply that mass education can change high-stakes behaviors, and improving informal bargaining and enforcement behavior can promote order in weak states.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

Finding the “Democratic Advantage” in Sovereign Bond Ratings: The Importance of Strong Courts, Property Rights Protection, and the Rule of Law

2012 ◽  
Vol 66 (3) ◽  
pp. 515-535 ◽  
Author(s):  
Glen Biglaiser ◽  
Joseph L. Staats
Keyword(s):  
Property Rights ◽  
Rule Of Law ◽  
Credit Rating ◽  
Bond Ratings ◽  
The Rule Of Law ◽  
Rating Agencies ◽  
Sovereign Bond ◽  
Positive Effects ◽  
Property Rights Protection ◽  
Democratic Advantage

AbstractMuch scholarship in the political economy literature has investigated the influence of the democratic advantage on sovereign bond ratings by credit rating agencies (CRAs). Missing from earlier work, however, is inquiry into the effects on bond ratings of factors that lower political risk, such as adherence to the rule of law, the presence of a strong and independent judicial system, and protection of property rights. Using panel data for up to thirty-six developing countries from 1996 to 2006, we find that rule of law, strong and independent courts, and protection of property rights have significant positive effects on bond ratings. Policymakers wanting to obtain higher bond ratings and increased revenue from bond sales would do well to heed the message contained in these findings.

Recht, Eigentum und Effizienz

ORDO ◽  
2004 ◽  
Vol 55 (1) ◽  
Author(s):  
Dieter Schmidtchen
Keyword(s):  
Property Rights ◽  
Rule Of Law

ZusammenfassungDieser Beitrag prüft (1) Hayeks Behauptung, daß abstrakte Verhaltensregeln und Eigentum die einzige Lösung für das Problem darstellen, individuelle Freiheit mit konfliktfreiem Handeln zu versöhnen. Er zeigt (2), daß der von Hayek vorgeschlagene Test der Verträglichkeit auf das überkommene Rechtssystem als Leitlinie für Richterrecht dem Prinzip der Ordnungskonformität entspricht, das auf W. Röpke zurückgeht. Der Beitrag interpretiert (3) Hayeks „Recht der Freiheit“ im Lichte des Coase-Theorems und begründet, warum Effizienz das einzige funktionsfähige Kriterium für die Spezifikation und personelle Zuteilung von Property rights darstellt. Es wird (4) gezeigt, daß Hayek trotz seiner Bewunderung der schöpferischen Kräfte spontaner Ordnungen der Gesetzgebung eine korrigierende Rolle zubilligt. Der Beitrag diskutiert abschließend Hayeks Interpretation der Rule of Law.

scholarly journals Eroded Rule of Law, Endemic Violence and Social Injustice in Brazil

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 211-242
Author(s):  
Mitja Kovač ◽  
Marcela Neves Bezerra
Keyword(s):  
Social Justice ◽  
Rule Of Law ◽  
Crime Rate ◽  
Social Inequalities ◽  
Prison System ◽  
Living Conditions ◽  
Social Injustice ◽  
Short Term ◽  
The Rule Of Law ◽  
Weak Rule

Modern Brazil is plagued by social and economic inequalities, endemic violence, crime, and a weak rule of law. Once these narratives become dependent on each other, all aspects must be worked on to change the scenario the country is facing: insecurity, fear and a lack of opportunities. This paper argues that the unprecedented rise of social injustice in Brazil is not the result of short-term measures but is part of its history marked by economic and social inequalities extending from its colonial past until today and the deficient policies on crime that emerged in the mid-1990s. Moreover, the current massive incarceration, overcrowding of prisons combined with the absence of human living conditions is turning the prison system in Brazil into a gigantic, perpetual school of crime. Investment in education that directly helps to lower the crime rate must be aligned with a new, less repressive and more inclusive punitive policy so as to induce criminals not to return to their unlawful ways. It is suggested that Brazil can only properly develop if efficient legal institutions, the rule of law, and criminal sanctioning based on the principles of social justice are available to all citizens.

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