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Full-Text Articles in Social and Behavioral Sciences
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Microfoundations Of The Rule Of Law, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Many social scientists rely on the rule of law in their accounts of political or economic development. Many however simply equate law with a stable government capable of enforcing the rules generated by a political authority. As two decades of largely failed efforts to build the rule of law in poor and transition countries and continuing struggles to build international legal order demonstrate, we still do not understand how legal order is produced, especially in places where it does not already exist. We here canvas literature in the social sciences to identify the themes and gaps in the existing accounts. …
Constitutions As Coordinating Devices, Gillian K. Hadfield, Barry R. Weingast
Constitutions As Coordinating Devices, Gillian K. Hadfield, Barry R. Weingast
Gillian K Hadfield
Why do successful constitutions have the attributes characteristically associated with the rule of law? Why do constitutions involve public reasoning? And, how is such a system sustained as an equilibrium? In this paper, we adapt the framework in our previous work on “what is law?” to the problem of constitutions and their enforcement (see Hadfield and Weingast 2012, 2013a,b). We present an account of constitutional law characterized by two features: a system of distinctive reasoning and process that is grounded in economic and political functionality; and a set of legal attributes such as generality, stability, publicity, clarity, non-contradictoriness, and consistency. …