This paper interrogates certain contractarian theoretical presumptions concerning the development and maintenance of political constitutions. Specifically, the extent to which constitutional agreement is said to be inclusive of all persons affected by the activation of proposed provisions, and the extent to which such provisions remain agreeable, is critically appraised. For example, rectifying historical exclusions of indigenous peoples from constitutional agreement procedures, and the constitutional accommodation of demands for racial equality and recognition of indigenous rights, presents as an important motivation for constitutional change in actually existing societies. The objective of this paper is to interpret constitutional developments on matters of indigenous rights as the manifestation of complex, adaptive arrangements, instituted by actions seeking to restructure political rules and reframe the boundaries of permissible political action. Taking the Australian case, this paper illustrates how acts of constitutional entrepreneurship by indigenous groups have contributed to constitutional changes such as racially non-discriminatory treatment and recognition of indigenous governance. Entrepreneurship is seen as a part of broader endogenous processes reshaping constitutions, including constitutional arbitrage by activists between legislatures and judiciaries, and mobilizing popular support for indigenous rights. The framework presented in this paper extends constitutional political economy insights regarding the evolution of basic political institutions.

The background conditions for the emergence of the rule of law are important but underdeveloped. This paper discusses current theories of the origin of the rule of law, arguing that they are useful but incomplete. In addition to those theories, the Jewish and Christian concept of all human beings as God's image bearers is an important contributor to the rule of law in Western civilization. The formulation of universal human equality is not, however, a sufficient condition for the emergence of the rule of law. The concept has taken centuries of articulation in different institutions and social settings. It only reached full fruition when it was joined with an understanding of appropriate legal and political systems as expressed by political theorists such as Locke, Montesquieu, and Madison.

We examine the development of de jure property rights to land by assessing how accurately governments recorded borders of property. We use surveys of farm parcels from two historical states, the Republic of the Orange Free State (OFS) and the South African Republic (ZAR), which are in modern-day South Africa, and employ a descriptive analysis to infer how accurately maps represent parcels of property. We argue that differences in state administrative capacity explains differences in map accuracy and therefore the provision of de jure property rights to land. We find that maps of farms in the ZAR, which had lower administrative capacity, tend to be less accurate than maps of farms in the OFS. Comparisons with military maps compiled under a different administration provide evidence that the costs incurred from previous administrations can limit future attempts to accurately record property. The analysis shows how state administrative capacity can facilitate (or hinder) the provision of property rights to land.

The paper aims at complementing Searle's social ontology with an epistemology capable of illustrating institution formation. To this purpose, I discuss Searle's conception of constitutive rules and show that it requires the specifications of normative powers and purposes identifying status functions to be taken as given. However, such specifications arise from underlying normative commitments that may be various and possibly conflicting. Hence, in order to account for the formation of institutions, it is necessary to understand how status function declarations may emerge from alternative normative commitments. I make the hypothesis of “interactive intentionality,” as an interactive and deliberative mode of practical reasoning, to describe the processes of convergence on definite constitutive rules. These processes show how interactive intentionality may frame both commitment and enforcement, thus providing some insights to make rule-based and equilibrium-based accounts of institutions epistemologically commensurable.

The informal institutional structure embraces the social norms and moral values of a particular society and together with the formal institutional frame, they compose the social environment. Social norms and values, congealed into customary rules of behaviour, provide a stable and enduring context to economic life that acts positively or negatively on economic activity. Despite their methodological and theoretical differences, Mill and Marshall have both suggested that individual economic decisions are fully embedded in their social environment. Thus, in order to explain the economic phenomena, from simple transaction processes to long term development, they adopted a broader perspective by including the social frame inside which economic choices are made, divulging the role of custom, yet in a quite distinctive way.

We examine whether the differences in the legal origins of countries (Common Law versus Civil Law) can explain the variations in the price efficiencies of the stock markets of different countries. Based on multifractal detrended fluctuation analysis of the daily stock indices of 34 countries over 21 years, we find that the stock price indices in Common Law origin countries show greater price efficiency than the stock price indices in Civil Law countries. These results provide additional evidence that the legal origins of countries affect their economic activities and outcomes.

Habraken's Structure of the Ordinary (SOTO), Jacobs' view of cities, and Ostrom's Design Principles and Institutional Analysis and Development (IAD) framework focus on essential elements and relationships for the effective governance of the environment. However, they have different perspectives about what is necessary for successful governance. This article compares and contrasts Habraken's, Jacobs', and Ostrom's views and applies them to Common Interest Developments (CIDs). Habraken, Jacobs, and Habraken discuss the importance of public territory. Habraken views public territory as relative: a territory in a built environment can be private relative to a larger, or higher level, territory, and public relative to an included, lower level, territory. Jacobs discusses the importance of connections and accommodating strangers without sacrificing safety. Ostrom views common-pool resources as goods whose use causes less to be available to others. For their part, CIDs represent a particular governance vehicle for defining what is public and private in large residential developments. For both Habraken and Ostrom, the transformation of the physical environment reflects agents' common values constrained by material, technical, cultural, and economic conditions. Rather than one mutual understanding, Jacobs wrote that balancing the commercial and the guardian values is crucial for society's health and survival.

Ronald Coase detested ‘blackboard economics’ and as a result was often criticized for being ‘against theory’. Coase has also been criticized for being overly descriptive in his institutional analysis. Here, I claim that Coase was both theoretical and interested in hypothesis testing. In order to do Coasean analysis, however, it is necessary to analyse a subject matter at the deep transaction level, given the definition of transaction costs. The rich level of detail required may give the impression of an absence of theory or testing. Here, I provide a number of real farm examples and contrast them with blackboard farm economics to make this point.

Daron Acemoglu, James Robinson and others are explaining divergent economic histories with qualitative measures of institutional quality – including Acemoglu and Robinson's popular inclusive/extractive dichotomy. While quantitative studies have sort to confirm these links using econometric proxies, few empirical accounts have shown how these proxies, or indeed the institutions they seek to represent actually influenced economic growth. This study helps fill that gap by testing whether evidence in Zambia's post-colonial history supports a proposed econometric link between its institutional quality and its slow economic growth. Support for this link is found in foreign investors’ interpretation of declining institutional constraint on Zambia's President as the potential for increased policy volatility, and as such an economic inducement to delay critical investment to Zambia's capital constrained economy. These findings add weight to the institutional argument in general, as well as present one concrete example in history of a mechanism through which institutional quality affected economic growth.

Extracts from an important article by the American psychologist, philosopher and social scientist Donald T. Campbell are reproduced here, with an introduction underlining the importance of his argument for today. Campbell identified disciplinary boundaries as enablers of specialization but often barriers to scientific innovation and shared knowledge. But instead of unbounded interdisciplinarity, Campbell argued for focused specialisms that cross disciplinary boundaries. This argument is particularly relevant for the development of institutional research in the future.

In a recent article Wilson explores the origins and explanation of ownership (property) as a custom, and argues that the custom of ownership is the primary concept and that property rights are subordinated to ownership. I argue that Wilson's subordination argument is unpersuasive; the linguistic evidence used by Wilson fits better with the concept of possession; and ownership is not a human universal.

This is a response to the criticism by Rod O'Donnell of the account of Keynes’ notion of a general theory in the book How Economics Forgot History (Hodgson, 2001). Several points of full agreement are noted, including the fact that Keynes’ work contains much discussion of historically specific institutions, including the financial and market institutions of modern capitalism. But it is argued here that even copious discussion of historically specific institutions is insufficient to indicate an adequate understanding or conceptual appreciation of historical periodisation or evolution, as developed in various ways by Karl Marx, the German historical school and the original American institutionalists. Keynes’ General Theory is best understood as a theory of modern capitalism. But Keynes did not have sufficient acquaintance with these historically oriented schools of thought to even define the concept of capitalism, or to make that specific historical association clear.

This paper highlights a link between measures for precolonial institutions and ethnic fractionalisation in postcolonial countries. A conceptual explanation is provided for why countries that were more politically centralised in precolonial times should be less ethnically fractionalised in current times. This result is confirmed for a sample of postcolonial countries in Africa, Asia and the Pacific. This is followed by a comparative case study in the South Pacific countries of Papua New Guinea, Tonga and Samoa. It is hoped that these results will lead to further empirical work focused at delving deeper into the link between these two measures to better understand what they are actually measuring, and why both are so closely related to economic development.

Scholars argue that the New Institutional Economics (NIE) has not yet provided causal explanations on how long institutions persist or why and how they suffer dramatic changes. Others state that evidence is still inconclusive to define a theoretical justification on how changes and development occur. This article focuses on the institutions of the electricity sector in Brazil, aiming to heighten the body of empirical research in NIE and produce satisfactory explanations that motivate theory refinement. Based on a qualitative approach, we find that the drivers of the first institutional change in Brazil's electricity sector were related to market protection and domestic industrial support. For the second institutional change, economic recession (country at state of bankruptcy, debt crisis, and high inflation rates) and reliability of utility services were the driving factors. We hope this study systematizes historical facts and helps create grounds for our understanding of institutional evolution and economic growth.

David Skarbek argues that qualitative research methods can analyze institutions by exploiting complex evidence not accessible through quantitative methods. He suggests that well-done case studies and process tracing can meet some of the same tests of inference as statistical methods. Although Skarbek's critique and proposals mirror those of many other authors, including Ronald Coase, he nonetheless makes an important contribution. The brief, cogent, and instructive way he presents his advice and his defense of qualitative methods as a complement to mainstream methods rather than a confrontation, may be more persuasive than more confrontational arguments. As ‘datafication’ is quickly turning qualitative observations into quantitative data analyzed through machine learning, Skarbek's excellent advice on how to understand what is happening under different institutional settings could not be timelier.

The current approach to the study of property cannot distinguish the causes of human action from the consequences of human action. It also cordons off morality thereby opening a hole in how property rights work. The scientific difficulty is that our analysis must constantly shift between the individual, their local community, and the larger polity in which both are embedded, in order to explain simultaneously different levels of consequences with different kinds of causes. The difficulty is made worse when we construct mental models without the human mind. My framework leaves the human mind in. Since Armen Alchian and Harold Demsetz, the study of property rights has had a decidedly external stance: the institution imposes itself on the individual from the outside. The problem of property rights, however, also calls for inquiry from the inside out of human agency, because in the study of property, ideas are primary.

Critiques of the meritocracy have centered on its narrow definition and biased assessment of merit, its stigmatization of the unsuccessful, and excessive competition. This paper identifies a different mechanism that could have pernicious social and political consequences. Economic mobility sorts people based on certain ‘productive’ traits, separating them into classes, and thus alters social externalities. This sorting–separation–externalities mechanism can produce between-class polarization in social outcomes (e.g. alcoholism and drug abuse) and worsen aggregate outcomes over all classes, consistent with rising ‘deaths of despair’ in the United States (Case and Deaton, 2020, Deaths of Despair and the Future of Capitalism. Princeton University Press). When traits are endogenous, transition out of a caste-based society produces an initial burst of economic mobility which dissipates over time. Thus, a dynamic meritocratic society devolves into a static class-based society. I set out an alternative model called the ‘experimental society’, which is less susceptible to these problems.

Frank Knight's theory of monopoly price has received relatively little attention in the literature on Risk, Uncertainty and Profit. We argue that Knight accepted and refined the monopoly price theory of Carl Menger and his followers. Knight highlights the difference between monopoly as an inevitable outcome of departures from perfect competition, and monopoly as a contingent or ‘culture-history fact’. In the latter case, coercive institutional barriers to potential competition shape the choice set of consumers and producers, and provide a crucial method for identifying monopoly gains. There are three benefits to this account of Knight's contributions: it rehabilitates the focus on the institutional determinants of monopoly price, as opposed to the mainstream emphasis on market frictions and imperfections; it opens the way for a Mengerian monopoly price theory that seriously engages the study of institutions; and it adds new evidence and nuance to ongoing debates about Knight's place in economics.

We present an experiment that sets up a context of production of a common output obtained by using production means that are randomly and unequally distributed. Before the production phase, subjects must choose a distributive principle for the output division, under ignorance of the allocation of the production means. Subsequently, they make a distributive choice fully aware of their luck and performance. The aim of the experiment is to test, first, whether ordinary subjects in an impartial situation are capable of converging on a fair principle of distribution – able of redressing the arbitrariness of the initial production means allocation; and second, whether these same ordinary subjects are capable of actually following that principle in a real distributive choice that excludes coercion, reputation effects and other forms of social pressures. The main finding is that a distributive rule that redresses initial inequalities is both accepted ex-ante and actually applied ex-post by most individuals. Our conclusion is relevant for the issue of realism of normative theories of justice and the possibility of institution design aimed at implementing distributive justice principles and policies.

This paper advances a pre-colonial institutional thesis to explain the variation in the salience of ethnicity in African societies. It posits that pre-colonial political centralization facilitated the accumulation of economic and institutional advantages, positioning descendants of centralized ethnic groups to benefit from these advantages within postcolonial states. Social identity choices are rational; therefore, descendants of centralized ethnic groups, who enjoy greater advantages within the nation, find less incentive to choose their ethnicity over their national identity. Examples from Ethiopia and Ghana as well as the evidence from combining individual-level survey data from the Afrobarometer with historical data on pre-colonial political centralization support the theoretical claim. In particular, the paper presents both theory and evidence indicating that individuals with ancestors from politically centralized pre-colonial societies are less likely to favour their ethnic identity over their national identity . These findings underscore the importance of considering pre-colonial legacies when promoting national unity.