How is rule of law established? We address this question by exploring the causal effect of increases in fiscal capacity on the establishment of well enforced, formal, legal standards in a pre-industrial economy. Between 1550 and 1700 there were over 2,000 witch trials in France. Prosecuting a...

James Scott has written a detailed ethnography on the lives of the peoples of upland Southeast Asia who choose to escape oppressive government by living at the edge of their civilization. To the political economist the fascinating story told by Scott provides useful narratives in need of...

Is "rule of law" anything more than a fictional allusion? After all, "law" is an abstract noun, and abstract nouns can't rule. Only people can rule. Rule of law is a fiction, one that has been around since ancient times. Whether, or under what circumstances, rule of law might be an ideal type...

This essay accepts the normative vision Richard Epstein sets forth in The Classical Liberal Constitution, but refracts that vision through some considerations of positive political economy. In response to a questioner who asked at the conclusion of the Constitutional Convention what kind of...

This paper analyzes the concept of municipal bankruptcy in a comparative framework with commercial bankruptcy. Cities are corporate bodies that continue to exist despite the ever changing identities of the residents. The common designation of cities as municipal corporations suggests an affinity...

There are many instances in nature of animals having a form of property rights, a respect for mine and thine. This paper addresses the question of how a norm of respecting property rights can emerge within a group of individuals without access to third party enforcement. Building upon work in...

This essay treats entangled political economy within the history of political economy. It explains that entangled political economy is not so much a new development in economics as it is a revisitation of some old themes that were swept aside in the conversion of political economy into economics...

This paper is written for a Liberty Fund conference on 'Liberty in relation to law and macroeconomics'. The paper works with recognition that the models we use are not neutral devices to see more clearly into reality because they also shade that reality in different ways. For instance, a model...

Economists necessarily use models in thinking about their material because there is no alternative given the complexity of the material we face. But through what kinds of models might we use to theorize about the problem of governance? There is a choice between theoretical frameworks in this...

This paper is concerned with the way economists conceptualize the relationship between politics and property rights. It is customary for economists to treat polity and economy as comprising separate domains of human action. In contrast, we treat society as a single domain of action comprised of...