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Larcom, Shaun (2013) 'Accounting for Legal Pluralism: The Impact of Pre-colonial Institutions on Crime.' Law and Development Review, 6 (1). pp. 25-59.

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Abstract

This article investigates the impact of non-state legal institutions on crime by exploiting differences in pre-colonial legal institutions. In relation to criminal law, it is suggested that colonisation can be best characterised as the imposition of almost identical criminal law on a diverse set of pre-existing legal institutions; in this sense, this analysis inverts the legal origins and institutions literature. Given that remnants of pre-colonial institutions persist, it is suggested that the type of precolonial legal institution should have a direct effect on state crime control and the crime rate. This is so, as societies that were relatively stateless prior to colonisation are more likely to have high magnitude non-state sanctions that can act as substitutes for state punishments, but the presence of such non-state legal institutions also reduces the productivity of state enforcement, contributing to an overall increase in crime. This is tested using a measure for pre-colonial institutions on a dataset of 86 post-colonial states. Private enforcement of high magnitude punishments, despite the deterrent effect, results in a net increase in crime.

Item Type: Journal Article
SOAS Departments & Centres: Legacy Departments > Faculty of Law and Social Sciences > School of Finance and Management > Centre for Development, Environment and Policy (CeDEP)
ISSN: 19433867
Copyright Statement: ©2013 Law and Development Review. This is the published version of record. For information on re-use, please refer to the publisher’s terms and conditions.
DOI (Digital Object Identifier): https://doi.org/10.1515/ldr-2013-0031
Date Deposited: 10 Jun 2014 08:26
URI: https://eprints.soas.ac.uk/id/eprint/18507

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