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Can there be benefits from competing legal regimes? The impact of legal pluralism in post-conflict Sierra Leone

Author

Listed:
  • Pedro Naso
  • Erwin Bulte
  • Tim Swanson

Abstract

We investigate the impact of competition between legal regimes on the number of authoritative acts and amount of fines occurring in rural Sierra Leone. We model state and traditional legal systems as competing authorities with a potential for overlap in their jurisdictions. We are interested in the sign and magnitude of the legal pluralism externality in this region of overlapping authority. We then test the model and estimate the size of the externality coefficient in the context of post-conflict Sierra Leone. Our results show a negative externality between regimes for civil disputes—that is, an increase in the cost of apprehending a person. We also show that there is a reduction in the amount of fines per dispute collected in this shared space. Overall, this indicates that a potential benefit to the local people from multiple competing regimes is a reduction in expected authoritative expropriation.

Suggested Citation

  • Pedro Naso & Erwin Bulte & Tim Swanson, 2017. "Can there be benefits from competing legal regimes? The impact of legal pluralism in post-conflict Sierra Leone," CIES Research Paper series 56-2017, Centre for International Environmental Studies, The Graduate Institute.
  • Handle: RePEc:gii:ciesrp:cies_rp_56
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    File URL: http://repec.graduateinstitute.ch/pdfs/ciesrp/CIES_RP_56.pdf
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    References listed on IDEAS

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    1. Martin C. McGuire & Mancur Olson, 1998. "The Economics of Autocracy and Majority Rule: The Invisible Hand and the Use of Force," International Economic Association Series, in: Silvio Borner & Martin Paldam (ed.), The Political Dimension of Economic Growth, chapter 3, pages 38-73, Palgrave Macmillan.
    2. Larcom Shaun & Swanson Timothy, 2015. "Documenting Legal Dissonance: Legal Pluralism in Papua New Guinea," Review of Law & Economics, De Gruyter, vol. 11(1), pages 25-50, March.
    3. Fergusson, Leopoldo, 2013. "The political economy of rural property rights and the persistence of the dual economy," Journal of Development Economics, Elsevier, vol. 103(C), pages 167-181.
    4. Daron Acemoglu & Davide Ticchi & Andrea Vindigni, 2010. "Persistence of Civil Wars," Journal of the European Economic Association, MIT Press, vol. 8(2-3), pages 664-676, 04-05.
    5. Jean-Paul Azam, 2001. "The Redistributive State and Conflicts in Africa," Journal of Peace Research, Peace Research Institute Oslo, vol. 38(4), pages 429-444, July.
    6. Timothy Besley & Torsten Persson, 2009. "The Origins of State Capacity: Property Rights, Taxation, and Politics," American Economic Review, American Economic Association, vol. 99(4), pages 1218-1244, September.
    7. Timothy Besley & Torsten Persson, 2010. "State Capacity, Conflict, and Development," Econometrica, Econometric Society, vol. 78(1), pages 1-34, January.
    8. Platteau, Jean-Philippe, 2009. "Institutional obstacles to African economic development: State, ethnicity, and custom," Journal of Economic Behavior & Organization, Elsevier, vol. 71(3), pages 669-689, September.
    9. Daron Acemoglu & Isaías N. Chaves & Philip Osafo-Kwaako & James A. Robinson, 2014. "Indirect Rule and State Weakness in Africa: Sierra Leone in Comparative Perspective," NBER Chapters, in: African Successes, Volume IV: Sustainable Growth, pages 343-370, National Bureau of Economic Research, Inc.
    10. van Besouw, Bram & Ansink, Erik & van Bavel, Bas, 2016. "The economics of violence in natural states," Journal of Economic Behavior & Organization, Elsevier, vol. 132(PA), pages 139-156.
    11. Abbink, Klaus & Wu, Kevin, 2017. "Reward self-reporting to deter corruption: An experiment on mitigating collusive bribery," Journal of Economic Behavior & Organization, Elsevier, vol. 133(C), pages 256-272.
    12. Cecchi, Francesco & Melesse, Mequanint Biset, 2016. "Formal law and customary change: A lab-in-field experiment in Ethiopia," Journal of Economic Behavior & Organization, Elsevier, vol. 125(C), pages 67-85.
    13. Rachel Glennerster & Edward Miguel & Alexander D. Rothenberg, 2013. "Collective Action in Diverse Sierra Leone Communities," Economic Journal, Royal Economic Society, vol. 0, pages 285-316, May.
    14. Kasara, Kimuli, 2007. "Tax Me If You Can: Ethnic Geography, Democracy, and the Taxation of Agriculture in Africa," American Political Science Review, Cambridge University Press, vol. 101(1), pages 159-172, February.
    15. repec:fth:oxesaf:2001-3 is not listed on IDEAS
    16. Kate Baldwin, 2013. "Why Vote with the Chief? Political Connections and Public Goods Provision in Zambia," American Journal of Political Science, John Wiley & Sons, vol. 57(4), pages 794-809, October.
    17. Acemoglu, Daron, 2005. "Politics and economics in weak and strong states," Journal of Monetary Economics, Elsevier, vol. 52(7), pages 1199-1226, October.
    18. repec:dau:papers:123456789/7073 is not listed on IDEAS
    19. Jean-Philippe Platteau, 2009. "Institutional Obstacles to African Economic Development: State, Ethnicity, and Custom," Post-Print hal-00726664, HAL.
    20. Yoshinobu Zasu, 2007. "Sanctions by Social Norms and the Law: Substitutes or Complements?," The Journal of Legal Studies, University of Chicago Press, vol. 36(2), pages 379-396, June.
    21. Brousseau, Eric & Garrouste, Pierre & Raynaud, Emmanuel, 2011. "Institutional changes: Alternative theories and consequences for institutional design," Journal of Economic Behavior & Organization, Elsevier, vol. 79(1), pages 3-19.
    22. Aldashev, Gani & Chaara, Imane & Platteau, Jean-Philippe & Wahhaj, Zaki, 2012. "Using the law to change the custom," Journal of Development Economics, Elsevier, vol. 97(2), pages 182-200.
    23. Markus Goldstein & Christopher Udry, 2008. "The Profits of Power: Land Rights and Agricultural Investment in Ghana," Journal of Political Economy, University of Chicago Press, vol. 116(6), pages 981-1022, December.
    24. Mizuno, Nobuhiro, 2016. "Political structure as a legacy of indirect colonial rule: Bargaining between national governments and rural elites in Africa," Journal of Comparative Economics, Elsevier, vol. 44(4), pages 1023-1039.
    25. John Bellows & Edward Miguel, 2006. "War and Institutions: New Evidence from Sierra Leone," American Economic Review, American Economic Association, vol. 96(2), pages 394-399, May.
    26. Bellows, John & Miguel, Edward, 2009. "War and local collective action in Sierra Leone," Journal of Public Economics, Elsevier, vol. 93(11-12), pages 1144-1157, December.
    27. Louis Kaplow & Steven Shavell, 2007. "Moral Rules, the Moral Sentiments, and Behavior: Toward a Theory of an Optimal Moral System," Journal of Political Economy, University of Chicago Press, vol. 115(3), pages 494-514.
    28. Nicola Gennaioli & Ilia Rainer, 2007. "The modern impact of precolonial centralization in Africa," Journal of Economic Growth, Springer, vol. 12(3), pages 185-234, September.
    29. Besley, Timothy, 2011. "Pathologies of the state," Journal of Economic Behavior & Organization, Elsevier, vol. 80(2), pages 339-350.
    30. Daron Acemoglu & Tristan Reed & James A. Robinson, 2014. "Chiefs: Economic Development and Elite Control of Civil Society in Sierra Leone," Journal of Political Economy, University of Chicago Press, vol. 122(2), pages 319-368.
    31. Gani Aldashev & Imane Chaara & Jean-Philippe Platteau & Zaki Wahhaj, 2012. "Formal Law as a Magnet to Reform Custom," Economic Development and Cultural Change, University of Chicago Press, vol. 60(4), pages 795-828.
    32. Kurrild-Klitgaard, Peter & Svendsen, Gert Tinggaard, 2003. "Rational Bandits: Plunder, Public Goods, and the Vikings," Public Choice, Springer, vol. 117(3-4), pages 255-272, December.
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    More about this item

    Keywords

    Legal Dualism; Enforcement Externalities; CivilWar; Africa.;
    All these keywords.

    JEL classification:

    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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