TY - JOUR
T1 - Legal reform in the presence of a living custom
T2 - An economic approach
AU - Aldashev, Gani
AU - Platteau, Jean Philippe
AU - Wahhaj, Zaki
PY - 2011/12/27
Y1 - 2011/12/27
N2 - Empowerment of disadvantaged groups of population is a key issue in development. One major difficulty in implementing progressive legal reforms arises from the persistent and contrary influence of custom. In this paper, we present a simple theoretical framework that analyzes how customary rules evolve under the impact of a change in formal law. This evolution is ultimately caused by a modification of relative costs and benefits of exiting the community by members of the disadvantaged groups as a result of change in the law. We also describe how the welfare of these groups is affected and provide illustrative evidence.
AB - Empowerment of disadvantaged groups of population is a key issue in development. One major difficulty in implementing progressive legal reforms arises from the persistent and contrary influence of custom. In this paper, we present a simple theoretical framework that analyzes how customary rules evolve under the impact of a change in formal law. This evolution is ultimately caused by a modification of relative costs and benefits of exiting the community by members of the disadvantaged groups as a result of change in the law. We also describe how the welfare of these groups is affected and provide illustrative evidence.
KW - Dynamics of institutions
KW - Social norms
UR - http://www.scopus.com/inward/record.url?scp=84855473803&partnerID=8YFLogxK
U2 - 10.1073/pnas.1017139108
DO - 10.1073/pnas.1017139108
M3 - Article
AN - SCOPUS:84855473803
SN - 0027-8424
VL - 108
SP - 21320
EP - 21325
JO - Proceedings of the National Academy of Sciences of the United States of America
JF - Proceedings of the National Academy of Sciences of the United States of America
IS - SUPPL. 4
ER -