scholarly journals Judicial Systems and Authoritarian Transitions

2006 ◽  
Vol 45 (4II) ◽  
pp. 1301-1321 ◽  
Author(s):  
Hilton L. Root ◽  
Karen May

For several decades, development policy specialists and donor agencies have championed investment in the judicial systems of developing countries to promote economic growth and, eventually, democracy. The assumption of a causal link among these three phenomena motivates donors’ investments in the physical and human capacity of the legal system. Some reforms are narrowly focused—better enforcement of property rights and contract law—conducive to enhanced trade and investment. Although these narrow reform programs imply that political liberalisation is an ultimate objective, studies are unable to substantiate causality between the rule of law, economic growth and democracy [Carothers (2003)]. Autocratic regimes may establish courts to protect the property rights of regime insiders and to expropriate the rights of outsiders. In our view a rule of law will have emerged only once the state has achieved legitimacy in the hearts and minds of citizens. The idea that better rule of law would generate economic growth, which would in turn build constituencies for democratic reforms will be questioned in this paper. An alternative view will be suggested, most notably the alignment of national identity with the institutions of the state is critical to establishing a rule of law.

2010 ◽  
pp. 15-39
Author(s):  
Victor Nee ◽  
Sonja Opper

State-centered theory asserts that political institutions and credible commitment by political elite to formal rules securing property rights provides the necessary and sufficient conditions for economic growth to take place. In this approach, the evolution of institutions favorable to economic performance is a top-down process led by politicians who control the state. Hence, in less developed and poor countries, the counterfactual is that if formal institutions secure property rights and check predatory action by the political elite, then sustained economic growth would follow. The limitation of state-centered theory stems from the problem that behavioral prescriptions - formal rules and regulations - that reflect what politicians prefer can be ignored. In contrast, we lay out the bottomup construction of economic institutions that gave rise to capitalist economic development in China. Entrepreneurship in the economically developed regions of the coastal provinces was not fueled by exogenous institutional changes. When the first entrepreneurs decided to decouple from the traditional socialist production system, the government had neither initiated financial reforms inviting a broader societal participation, nor had it provided property rights protection or transparent rules specifying company registration and liabilities. Instead, it was the development and use of innovative informal arrangements within close-knit groups of like-minded actors that provided the necessary funding and reliable business norms. This allowed the first wave of entrepreneurs to survive outside of the state-owned manufacturing system. This bottom-up process resembles earlier accounts of the rise of capitalism in the West.


2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Ademar Ribeiro Romeiro

This article argues that cultural and political legacies from the Middle Ages were crucial for the sustained economic growth that led to the Industrial Revolution. The medieval social/political orders had an exceptional openness to innovations (technological, organizational and institutional) when compared to other contemporary civilizations. Such openness was caused by the competition between them, as well as by the existence of multiple organizations independent from the State. The emergence of national states changed the medieval scenario but a legacy of some of its important cultural/institutional features remained and played a decisive role in the forthcoming Industrial Revolution: the Rule of Law, individualism, representative assemblies, the respect for labor and professions (notably the merchants) and the embryo of a culture of economic growth. Also, the legacy of a process of accumulation of capital, which was translated into a superior level of labor productivity when compared to those prevailing in any other civilization until that moment.


Author(s):  
Edward M. Harris

The rule of law was very important for the expansion of markets and economic growth in Classical and Hellenistic Greece. The Greek city-state enforced regulations about weights and measures, ensured peace and order, built infrastructure (agoras, roads and ports), granted foreigners access to courts, gave honours, privileges and protection from seizure (asylia), and concluded treaties with other communities. The state also protected the property rights of individuals and created records to ensure title and to resolve disputes about ownership. Finally, the state created third-party enforcement of contracts, such as lease, sale, lending and borrowing and the accessory contracts of personal security and real security. This allowed economic transactions to expand beyond the narrow confines of family, friends, and neighbours and to expand markets.


2006 ◽  
Vol 23 (2) ◽  
pp. 53-72 ◽  
Author(s):  
Richard Vedder

The scholarly literature suggests high or increased tax burdens tend to reduce economic growth, lowering incomes. Some argue, however, that low taxes and high economic growth can have adverse income distribution consequences or can lead to utility-reducing under-consumption of needed public goods. Evidence is presented questioning those assertions. People seek happiness by moving, and tend to migrate to low tax areas. Moreover, there is little evidence that governmental expansion leads to truly greater equality. Appropriately measured, income equality is actually far greater than typically claimed. Moreover, income data suggest that the international equalization of incomes and global reduction of poverty largely reflect private sector activity, namely market forces working where the rule of law and strong protection of property rights prevails.


Author(s):  
Nguyen Van Phuc

New Institutional Economics has revived the important role of institutions on economic growth. North (1990) was a pioneering work. Institutions are defined as ‘the humanly devised constraints that structure human interaction. They are made up of formal constraints (for example, rules, laws, constitutions), informal constraints (for example, norms of behaviour, conventions, self-imposed codes of conduct), and their enforcement characteristics’ (North 1994, p. 360). Formal institutions are constraints sanctioned by state power if individuals violate them, while informal institutions are self-imposing constraints. According to North, of primary importance to economic performance is the economic institutions that determine transaction costs and influence the incentive structure in society such as the structure of property rights and the presence and perfection of markets. There are now various empirical studies on the effect of institutions on economic growth. Most studies used crosscountry regressions to determine the effect of institutional quality on economic growth. Knack and Keefer (1995) was a pioneering work. Four important institutional variables were proposed by Knack and Keefer (1995): protection of property rights, rule of law, corruption and bureaucratic quality. Such data were compiled from International Country Risk Guide (ICRG) data, published by the U.S.-based Political Risk Services Group, and from Business Environment Risk Intelligence (BERI), based in Switzerland. The ICRG index includes protection of property rights (expropriation risk and repudiation of contracts by government), rule of law, corruption, and bureaucratic quality. The BERI index includes contract enforceability, nationalisation potential, bureaucratic delays and infrastructure quality. Knack and Keefer run a regression vfor 97 countries in the period 1974-89. The explanatory variables include institutional quality (ICRG or BERI), initial per capita GDP, initial human capital, average annual government consumption share/GDP, distortion index (absolute value of deviation of investment price level), the number of revolutions and coups per year and the number of political assassinations per year per million population in the period 1974-89. To avoid possible simultaneity between growth and institutional quality, the authors chose the initial value of the institutional indices rather than the average for the whole period. The earliest release of BERI was 1974 and that of ICRG 1982. The scale for BERI was from 0 to 4 and for ICRG from 0 to 10 (the higher the better). The findings indicated that the ICRG index was positive and highly significant across the specifications. The BERI index was positive and significant for most specifications. Mauro (1995) used a different dataset of institutions from Business International (later incorporated into the Economist Intelligence Unit). His institutional variables included corruption and bureaucratic efficiency (including corruption, efficiency of the judiciary system, and bureaucratic red tape). The data were collected for the period 1980-83. The dependent variable was average per capita GDP growth during 1960-85. The explanatory variables included initial per capita income in 1960, population growth, primary education in 1960, government expenditure share, revolutions and coups, assassinations, political instability, two distortion indices (absolute value of deviation of investment price level and its standard deviation), dummies for regions, and Mauro’s corruption index or bureaucratic efficiency index. The finding was that both low bureaucratic efficiency and high corruption exerted strong and negative effects on growth. Their effects were statistically significant. Other significant studies include Sachs and Warner (1997a, 1997b), Barro (1998), Brunetti et al. (1997), Kaufman et al. (1999b), Aron (2000). Their findings in general indicate positive effects of institutional quality on economic growth. This paper is aimed to explore a different but relevant relationship, i.e., the question is how institutions affect on efficiency of investment. The efficiency of investment is defined as the incremental capital-output ratio (ICOR). The ICOR measures the additional amount of capital required to produce an additional unit of output. The reciprocal of ICOR measures the productivity of additional capital (Gillis et al. 1992). The efficiency of investment is vital to growth because the level of investment alone cannot fully explain growth performance across countries. It is noteworthy that some countries can achieve a fairly high investment rate, but only slow growth. For example, during the period 1961-85, Argentina, Jamaica and Zambia achieved an investment/GDP rate as high as that of Taiwan, Malaysia and Thailand, but could only achieve a growth rate less than a third of the latter group. The main hypothesis of this paper is that quality of institutions has positive effect on investment efficiency.


2021 ◽  
Vol 4 (2) ◽  
pp. 1186-1198
Author(s):  
Ady Hendra Lumban Tobing ◽  
Dayat Limbong ◽  
Isnaini Isnaini

This study aims to determine the legal rules, roles and obstacles faced by BPN employees in Samosir district in the implementation of registration of property rights on customary land. This research uses normative legal research. The results of the study indicate that the rule of law for land registration refers to Law no. 5 of 1960 concerning Basic Regulations on Agrarian Principles and Government Regulation Number 24 of 1997 concerning Land Registration. The registration procedure is as follows: 1) Prepare the required documents, 2) Prepare and submit application letters, 3) Pay the application fee, measurement and inspection of the applicant's land, 4) Make announcements through the general daily news with a period of 60 (sixty) days, 5) Issuance of decrees (Kantah, Kanwil, or BPN RI), 6) Bookkeeping of rights and issuance of certificates. Obstacles that arise and are faced in registering land as property rights in Pangururan District are: 1) Unclear customary land boundaries, 2) There are claims from the state or government, 3) Loss of witnesses or historical actors.


Author(s):  
Luca Tomini ◽  
Seda Gürkan

Abstract In ECE countries, democratisation and Europeanisation seemed to exist in a mutually reinforcing relationship and both concepts provided the main analytical lenses for studying these states. In the light of recent illiberal and anti-EU politics, two different concepts have started to receive increasing scholarly attention, namely the concepts of de-Europeanisation and autocratisation. Their exact meaning, however, remains unclear and the causal link between these specific processes and the rule of law has largely remained understudied. Against this backdrop, this chapter first summarises the state-of-the-art research on autocratisation and de-Europeanisation, and then examines the interaction and causal link between these two phenomena in times of declining democracies in Europe and rule of law problems.


2010 ◽  
pp. 39-55
Author(s):  
M. Ellman

This article is an overview of the contribution made by economic Sovietology to mainstream economics. The long debate about the universal applicability of mainstream economics is reconsidered in the light of the Soviet experience. Information is provided on the contribution of the study of the Soviet economy to fields as diverse as the measurement of economic growth, institutional economics, economic administration, the economics of property rights, the economics of the informal sector, the economics of famines, the Austrian critique of general equilibrium theory, and incentives.


Author(s):  
Karl Widerquist ◽  
Grant S. McCall

Earlier chapters of this book found that the Hobbesian hypothesis is false; the Lockean proviso is unfulfilled; contemporary states and property rights systems fail to meet the standard that social contract and natural property rights theories require for their justification. This chapter assesses the implications of those findings for the two theories. Section 1 argues that, whether contractarians accept or reject these findings, they need to clarify their argument to remove equivocation. Section 2 invites efforts to refute this book’s empirical findings. Section 3 discusses a response open only to property rights theorists: concede this book’s empirical findings and blame government failure. Section 4 considers the argument that this book misidentifies the state of nature. Section 5 considers a “bracketing strategy,” which admits that observed stateless societies fit the definition of the state of nature, but argues that they are not the relevant forms of statelessness today. Section 6 discusses the implications of accepting both the truth and relevance of the book’s findings, concluding that the best response is to fulfil the Lockean proviso by taking action to improve the lives of disadvantaged people.


MedienJournal ◽  
2017 ◽  
Vol 37 (3) ◽  
pp. 7
Author(s):  
Gisela K. Cánepa

Nation branding plays a central role within neoliberal governmentality, operating as a technology of power in the configuration of emerging cultural and political formations such as national identity, citizenship and the state. The discussion of the advertising spot Perú, Nebraska  released as part of the Nation Branding campaign Marca Perú  in May of 2011, constitutes a great opportunity to: (i) argue about the way in which audiovisual advertisement products, designed as performative devises, operate as technologies of power; and (ii) problematize the terms in which it founds a new social contract for the Peruvian multicultural national community. This analysis will allow me to approach neoliberalism as a cultural regime in order to discuss the ideological nature of the uncontested celebratory discourse that has emerged in Perú and which explains the economic growth of the last decades as the outcome of a national entrepreneurial spirit that would be distinctive of Peruvian cultural identity.


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