Mainstream comparative research on political institutions focuses primarily on formal rules. Yet in many contexts, informal institutions, ranging from bureaucratic and legislative norms to clientelism and patrimonialism, shape even more strongly political behavior and outcomes. Scholars who fail to consider these informal rules of the game risk missing many of the most important incentives and constraints that underlie political behavior. In this article we develop a framework for studying informal institutions and integrating them into comparative institutional analysis. The framework is based on a typology of four patterns of formal-informal institutional interaction: complementary, accommodating, competing, and substitutive. We then explore two issues largely ignored in the literature on this subject: the reasons and mechanisms behind the emergence of informal institutions, and the nature of their stability and change. Finally, we consider challenges in research on informal institutions, including issues of identification, measurement, and comparison.Gretchen Helmke's book Courts Under Constraints: Judges, Generals, and Presidents in Argentina, will be published by Cambridge University Press. Steven Levitsky is the author of Transforming Labor-Based Parties in Latin America: Argentine Peronism in Comparative Perspective and is currently writing a book on competitive authoritarian regimes in the post–Cold War era. The authors thank the Weatherhead Center for International Affairs at Harvard University and the Kellogg Institute for International Studies at the University of Notre Dame for generously sponsoring conferences on informal institutions. The authors also gratefully acknowledge comments from Jorge Dominguez, Anna Grzymala-Busse, Dennis Galvan, Goran Hyden, Jack Knight, Lisa Martin, Hillel Soifer, Benjamin Smith, Susan Stokes, Maria Victoria Murillo, and Kurt Weyland, as well as three anonymous reviewers and the editors of Perspectives on Politics.

/pdf/informal-institutions-and-comparative-politics-a-research-2rshqic6n4.pdf

Informal institutions and comparative politics: a research agenda

The term "access" is frequently used by property and natural resource analysts without adequate definition. In this paper we develop a concept of access and examine a broad set of factors that differentiate access from property. We define access as "the ability to derive benefits from things," broadening from property's clas- sical definition as "the right to benefit from things." Access, following this definition, is more akin to "a bundle of powers" than to property's notion of a "bundle of rights." This formulation includes a wider range of social relationships that constrain or enable benefits from resource use than property relations alone. Using this fram- ing, we suggest a method of access analysis for identifying the constellations of means, relations, and processes that enable various actors to derive benefits from re- sources. Our intent is to enable scholars, planners, and policy makers to empirically "map" dynamic processes and relationships of access.

A Theory of Access.

(1986). What is Legal Pluralism? The Journal of Legal Pluralism and Unofficial Law: Vol. 18, No. 24, pp. 1-55.

What is Legal Pluralism

http://www.columbia.edu/~kp2022/Articles/8)%20EER%202003.pdf

Economic development, legality, and the transplant effect

This paper analyzes the determinants of effective legal institutions (legality) and their impact on economic development today using data from 49 countries. We show that the way the law was initially transplanted and received is a more important determinant than the supply of law from a particular legal family (i.e. English, French, German, or Scandinavian). Countries that have developed legal orders internally, adapted the transplanted law to local conditions, and/or had a population that was already familiar with basic legal principles of the transplanted law have more effective legality than "transplant effect" countries that received foreign law without any similar pre-dispositions. Controlling for the supply of legal families, we find that legality is roughly one third lower in transplant effect countries. While the transplant effect has no direct impact on economic development, it has a strong indirect effect via its impact on legality. The strong path dependence between economic development, legality and the transplant effect helps explain why legal technical assistance projects that focus primarily on improving the laws on the books frequently have so little impact. Finally, our statistical methodology produces a legality index based on observed legality proxies that almost fully captures their interaction with the way in which the law was transplanted, the supply of particular legal families and economic development.

/pdf/economic-development-legality-and-the-transplant-effect-479er1vdhn.pdf

Economic Development, Legality and the Transplant Effect

/pdf/legal-pluralism-an-introduction-to-colonial-and-neo-colonial-1yukjwllci.pdf

Legal Pluralism: An Introduction to Colonial and Neo-Colonial Laws

Adat law in modern Indonesia

Adat Law in Modern Indonesia

PrefaceAcknowledgmentsIntroduction: Twentieth-century Islamic reform: contexts for the Indonesian fatawa1 Knowing Islam: method, doctrine and representation2 The individual and religious duty3 Women: status and obligation4 Is God still the creator? Islam and medical science 5 Offences against religionEpilogue: Issues for an Indonesian IslamAppendix: SourcesGlossary and abbreviationsNotesBibliographyIndex

Indonesian Islam: Social Change Through Contemporary Fatawa

Islamic Law in South-East Asia

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