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Spontaneous Norms in Law and Economics: A Sketch Typology

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  • Zdybel, Karol B.

Abstract

This article offers a concise typology of spontaneous norms - i.e., norms that are formed or sustained through decentralized collective behavior in a community. The typology combines three criteria for identifying spontaneous norms: (i) implicit formation of (customary) rules, as opposed to explicit formation; (ii) enforcement through decentralized sanctioning actions, as opposed to enforcement by a special social agent; (iii) private interpretation of compliance with rules, as opposed to the presence of a public interpreter of compliance. The paper also suggests how identified types can be modeled game-theoretically as repeated games. It is argued that structural differences between various types of spontaneous norms can be best understood as differences in the sequence of play in a stage game. Further, the typology is illustrated with examples from legal history and legal anthropology. Supposedly dissimilar systems of norms (e.g., customary international law and primitive law; norms of warfare and domestic social norms) are shown to exhibit structural resemblance.

Suggested Citation

  • Zdybel, Karol B., 2023. "Spontaneous Norms in Law and Economics: A Sketch Typology," ILE Working Paper Series 66, University of Hamburg, Institute of Law and Economics.
    • Handle: RePEc:zbw:ilewps:66
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    File URL: https://www.econstor.eu/bitstream/10419/267890/1/ile-wp-2023-66.pdf
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    References listed on IDEAS

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    More about this item

    Keywords

    spontaneous norms; custom; customary law; social norms; comparative legal history; typology;
    All these keywords.

    JEL classification:

    • B41 - Schools of Economic Thought and Methodology - - Economic Methodology - - - Economic Methodology
    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • N40 - Economic History - - Government, War, Law, International Relations, and Regulation - - - General, International, or Comparative
    • O17 - Economic Development, Innovation, Technological Change, and Growth - - Economic Development - - - Formal and Informal Sectors; Shadow Economy; Institutional Arrangements

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