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On the Evolution of Collective Enforcement Institutions: Communities and Courts

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  • Scott E. Masten
  • Jens Prüfer

Abstract

We analyze the capacities of communities (or social networks) and courts to secure cooperation among heterogeneous, impersonal transactors. We find that communities and courts are complementary in that they tend to support cooperation for different types of transactions but that the existence of courts weakens the effectiveness of community enforcement. Our findings are consistent with the emergence of the medieval law merchant and its subsequent supersession by state courts as changes in the costs and risks of long-distance trade, driven in part by improvement in shipbuilding methods, altered the characteristics of merchants' transactions over the course of the Commercial Revolution in Europe. We then contrast the European experience with the evolution of enforcement institutions in Asia over the same period.

Suggested Citation

  • Scott E. Masten & Jens Prüfer, 2014. "On the Evolution of Collective Enforcement Institutions: Communities and Courts," The Journal of Legal Studies, University of Chicago Press, vol. 43(2), pages 359-400.
    • Handle: RePEc:ucp:jlstud:doi:10.1086/677837
    DOI: 10.1086/677837
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    Cited by:

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    6. Michael Olabisi, 2019. "Bridging the enforcement gap in international trade: Participation in the New York Convention on arbitration," Journal of International Business Policy, Palgrave Macmillan, vol. 2(1), pages 86-109, March.
    7. Graef, Inge & Prüfer, Jens, 2021. "Governance of data sharing: A law & economics proposal," Research Policy, Elsevier, vol. 50(9).
    8. Kamei, Kenju, 2020. "Group size effect and over-punishment in the case of third party enforcement of social norms," Journal of Economic Behavior & Organization, Elsevier, vol. 175(C), pages 395-412.
    9. Aldashev, Gani & Zanarone, Giorgio, 2017. "Endogenous enforcement institutions," Journal of Development Economics, Elsevier, vol. 128(C), pages 49-64.
    10. Srivastava, Vatsalya, 2017. "The Sorry Clause (revision of CentER DP 2016-008)," Other publications TiSEM 252e9410-4c9f-4a40-9ab7-a, Tilburg University, School of Economics and Management.
    11. Prüfer, Jens, 2018. "Trusting privacy in the cloud," Information Economics and Policy, Elsevier, vol. 45(C), pages 52-67.
    12. Srivastava, Vatsalya, 2016. "The Sorry Clause," Discussion Paper 2016-004, Tilburg University, Tilburg Law and Economic Center.
    13. Srivastava, Vatsalya, 2016. "The Sorry Clause," Other publications TiSEM 9340f3b1-ebf3-46b9-8ffd-3, Tilburg University, School of Economics and Management.
    14. Marciano, Alain & Ramello, Giovanni B., 2019. "Introduction to the symposium on the empirics of judicial institutions," Journal of Institutional Economics, Cambridge University Press, vol. 15(1), pages 73-80, February.
    15. Srivastava, Vatsalya, 2017. "The Sorry Clause (Revision of TILEC DP 2016-004)," Discussion Paper 2017-002, Tilburg University, Tilburg Law and Economic Center.
    16. Skarbek, David, 2012. "Prison gangs, norms, and organizations," Journal of Economic Behavior & Organization, Elsevier, vol. 82(1), pages 96-109.
    17. Srivastava, Vatsalya, 2016. "The Sorry Clause," Discussion Paper 2016-008, Tilburg University, Center for Economic Research.
    18. Prüfer, J.O., 2014. "Trusting Privacy in the Cloud," Other publications TiSEM 556bdb81-1b26-4692-877c-1, Tilburg University, School of Economics and Management.
    19. Srivastava, Vatsalya, 2017. "The Sorry Clause (Revision of TILEC DP 2016-004)," Other publications TiSEM 5925920e-05c6-4ae0-8e76-d, Tilburg University, School of Economics and Management.
    20. Olalekan C. Okunlola & Olumide A. Ayetigbo, 2022. "Economic Freedom and Human Development in ECOWAS: Does Political-Institutional Strength Play a Role?," Journal of the Knowledge Economy, Springer;Portland International Center for Management of Engineering and Technology (PICMET), vol. 13(3), pages 1751-1785, September.
    21. Schläpfer, Alain, 2024. "Cross-cultural differences in retaliation: Evidence from the soccer field," Journal of Economic Behavior & Organization, Elsevier, vol. 223(C), pages 216-233.

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    More about this item

    JEL classification:

    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • D71 - Microeconomics - - Analysis of Collective Decision-Making - - - Social Choice; Clubs; Committees; Associations
    • N43 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Europe: Pre-1913
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies

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