Most moral justifications for coercion have been based on one of two arguments: the consent of the coerced, usually understood as univariate and discrete, or the beneficial consequences of coercion; but many cases do not fit these categories. This paper proposes that consent be understood as our...

The paper examines the questions of how nonterritorial feudal governments in medieval central Europe emerged and what their tasks were, of how competition between these governments functioned, and of what consequences it had. The analysis leads to three hypotheses: (1) governmental...

This paper tests the explanatory power of alternative theories on the determinants of judiciary independence using annual and decision-based data on the Italian Constitutional Court. The estimates show that structural measures of judiciary independence, such as the share of constitutional judges...

This paper highlights the crucial role of the state in establishing a market economy, through an analysis of the early stages of market-oriented reforms in China. China followed an evolutionary approach to economic reform that has relied on the preexisting state to oversee the construction of a...

The conventional result of the theory of the public enforcement of law is that wrongful convictions of innocents are detrimental to deterrence. This proposition has been challenged recently. In some cases, wrongful convictions do not jeopardize deterrence, because they influence equally the...

Decisions about intervention can be understood as decisions about tolerance, because an act of tolerance is an act of nonintervention, and, conversely, an act of intervention can be understood as an act of intolerance. But acts of tolerance, typically made under conditions of epistemic...

In this paper we primarily address the implications of the tort of defamation for the potential "chilling" effect by which the media are discouraged from exposing economic and political misdeeds. We argue that, in general, both the sanction for dishonesty and the compensation for defamation...

This paper invokes foundational property rights theories to explain the persistence of insecure tenure in Côte d'Ivoire and Ghana. The case studies affirm the theories' core propositions: when relative factor prices change, actors seek more narrowly defined rights to newly valued resources....

We consider a setting where a decision-maker has to resolve a dispute between two parties. On demand of the losing party, the decision may be subject to review by an appellate body. The decision-maker has discretionary power and may be opportunistic. Depending on the institution design,...

I examine the case where fulfillment of a contractual commitment is only imperfectly verifiable and ask whether the court should then tell the truth regarding the action in dispute. I show that truth seeking does not maximize the expected surplus from contractual relationships. From the parties'...