Showing 1 - 10 of 14
In their majority, public international lawyers postulate that for a new rule of customary law to originate, two conditions must be fulfilled: there must be consistent practice, and it must be shown that this practice is motivated by the belief that such behaviour is required in law. Maurice...
Persistent link: https://www.econbiz.de/10010270445
Customary law has been criticized from very different angles. Rational choice theorists claim that what looks like custom is nothing but self-interest. Positivists doubt that anything beyond consent assumes the force of law. In this paper, we adopt an experimental approach to test these claims....
Persistent link: https://www.econbiz.de/10010286718
Law is for humans. Humans suffer from cognitive limitations. Legal institutions can help humans by making these limitations irrelevant. This experiment shows that strong property rights serve this function. In theory, efficient outcomes obtain even without strong property rights. In a...
Persistent link: https://www.econbiz.de/10012428599
Providing public goods is hard, because providers are best off free-riding. Is it even harder if one group's public good is a public bad for another group or, conversely, gives the latter a windfall profit? We experimentally study public goods provision embedded in a social context and find that...
Persistent link: https://www.econbiz.de/10003877140
In their majority, public international lawyers postulate that for a new rule of customary law to originate, two conditions must be fulfilled: there must be consistent practice, and it must be shown that this practice is motivated by the belief that such behaviour is required in law. Maurice...
Persistent link: https://www.econbiz.de/10003961993
Customary law has been criticized from very different angles. Rational choice theorists claim that what looks like custom is nothing but self-interest. Positivists doubt that anything beyond consent assumes the force of law. In this paper, we adopt an experimental approach to test these claims....
Persistent link: https://www.econbiz.de/10009488630
Often, religion, law and tradition co-evolve. Religious precepts shape social practice, which translates into law. Yet this harmony is not universal. The Sharia guarantees daughters their share in the family estate. Yet in Pakistan, this rule clashes with tradition. While the country was jointly...
Persistent link: https://www.econbiz.de/10012584085
Often, religion, law and tradition co-evolve. Religious precepts shape social practice, which translates into law. Yet this harmony is not universal. The Sharia guarantees daughters their share in the family estate. Yet in Pakistan, this rule clashes with tradition. While the country was jointly...
Persistent link: https://www.econbiz.de/10013225065
Under common law, the standard remedy for breach of contract is expectation damages. Under continental law, the standard is specific performance. The common law solution is ex post efficient. But is it also ex ante efficient? We use experimental methods to test whether knowing that...
Persistent link: https://www.econbiz.de/10011715408
In a full-information, zero transactions costs world, the degree of protection afforded to an entitlement does not affect the likelihood of efficient trade. In reality, imperfect information is often inevitable. Specifically, a party will usually have incomplete information about fairness norms...
Persistent link: https://www.econbiz.de/10011633871