Using the law to change the custom

Aldashev, Gani and Chaara, Imane and Platteau, Jean-Philippe and Wahhaj, Zaki (2012) Using the law to change the custom. Journal of Development Economics, 97 (2). pp. 182-200. ISSN 0304-3878. (doi:https://doi.org/10.1016/j.jdeveco.2011.03.001) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

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Official URL
http://dx.doi.org/10.1016/j.jdeveco.2011.03.001

Abstract

The custom often acts as a powerful hindrance to equity-increasing changes. In this paper, we present a simple model of legal dualism in which a progressive legal reform can, under certain conditions, shift the conflicting custom in the direction intended by the legislator. Formal law then acts as an outside anchor that exerts a 'magnet effect’ on the custom. We also characterize the conditions under which a moderate reform performs better than a radical one in improving the welfare of the disadvantaged sections of the population. We illustrate our insights using examples on inheritance, marriage, and divorce in Sub-Saharan Africa and India.

Item Type: Article
Uncontrolled keywords: Custom, Statutory law, Legal reform
Subjects: H Social Sciences > HB Economic Theory
Divisions: Faculties > Social Sciences > School of Economics
Depositing User: Zaki Wahhaj
Date Deposited: 03 Feb 2015 13:26 UTC
Last Modified: 16 Jul 2018 19:06 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/47038 (The current URI for this page, for reference purposes)
Wahhaj, Zaki: https://orcid.org/0000-0001-8285-7670
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