Legal reform in the presence of a living custom: an economic approach.
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- Record sourced from PubMed, PMID 22198761.
- Also identified by DOI 10.1073/pnas.1017139108 and PMC identifier 3271567.
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Abstract
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.