Using the law to change the custom

Aldashev, Gani; Chaara, Imane; Platteau, Jean‐Philippe; Wahhaj, Zaki

doi:10.1016/j.jdeveco.2011.03.001

Cited by 102 publications

(46 citation statements)

References 24 publications

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“…In the model developed by Aldashevet al (2012a;2012b), instead of being given, the custom is chosen by a traditional authority. This authority is intrinsically conservative, implying that it is in favour of customs that protect the interests of traditional elite or dominant groups at the expense of other people, for example, men at the expense of women.…”

Section: An Alternative Theory With Formal-informal Interactionsmentioning

confidence: 99%

Eradicating women-hurting customs: What role for social engineering?

Platteau¹,

Camilotti²,

Auriol

2017

WIDER Working Paper

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Social engineering refers to deliberate attempts, often under the form of legislative moves, to promote changes in customs and norms that hurt the interests of marginalized population groups. This paper explores the analytical conditions under which social engineering is more or less likely to succeed than more indirect approaches when it comes to suppress genderbiased customs. This implies discussing the main possible interaction frameworks leading to antiwomen equilibria, and deriving policy implications from the corresponding games. The theoretical arguments are illustrated by examples drawn from available empirical works, thus providing a reasoned survey of the literature.

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Section: An Alternative Theory With Formal-informal Interactionsmentioning

confidence: 99%

Eradicating women-hurting customs: What role for social engineering?

Platteau¹,

Camilotti²,

Auriol

2017

WIDER Working Paper

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“…Others, such as Posner (1996aPosner ( , 1996b and Posner and Rasmusen (1999, 382), emphasise the coercive power of state, suggesting the state can eliminate 'inefficient' or 'bad norms ' through criminal 196 S. Larcom sanctions. 23 More recently, Aldashev et al (2012), applying a bargaining in the shadow of the law model, suggest that greater access to state law courts will lead to convergence of non-state rules with state rules. However, we know that sometimes non-state groupings doggedly resist the state, raising the potential for long-lasting (or even persistent) instances of problematic legal pluralism.…”

Section: Review Of the Literaturementioning

confidence: 99%

Problematic legal pluralism: causes and some potential ‘cures’

Larcom

2014

The Journal of Legal Pluralism and Unofficial Law

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The tools of analytical positivism and economic analysis are applied to the phenomenon of legal pluralism. An analytical framework is developed to ascertain when legal pluralism is problematic in the control of wrongdoing. It is demonstrated that there are three specific cases: rivalrous compliance, sanctions for wrong behaviour that are deemed to be wrongs themselves, and the uncoordinated sanctioning of common wrongs. Then there is a discussion of the consequences and some approaches that can be used to ameliorate each case that has been identified. It is hoped that this framework will be used to guide future practical and theoretical discussions on legal pluralism and its potential problems.

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“…The authors note that, despite legislative changes, customary inheritance rules tend to be adhered to; however, the outcomes of customary processes may be influenced by legislation to ensure that widows are not discriminated against. The suggestion that statutory law may work as a 'magnet' in pulling customary practice in its direction has been made by other researchers as well (Aldashev et al 2012).…”

Section: Inheritance Policy Agendamentioning

confidence: 99%

Inheritance: A Gendered and Intergenerational Dimension of Poverty

Cooper¹,

Bird²

2012

Development Policy Review

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This collection of articles contains new and important findings concerning the scale and significance of asset transfers through inheritance among different populations, as well as the ways in which inheritance affects economic and social status and mobility. Evidence exists of women commonly losing access to assets when properties are redistributed following a spouse's death. This and the household effects of gaining or losing access to heritable property highlight the gendered and intergenerational dimensions of inheritance. As an introduction to the collection, this article provides an overview of how inheritance has been understood in poverty-related policy and research up to now. We then synthesise what the new findings presented in this collection tell us about inheritance as a crucial factor in women's poverty and the intergenerational transmission of poverty, highlighting what other researchers and policy-makers can take from this research to address the gendered and intergenerational dimensions of inheritance in different contexts.

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Using the law to change the custom

Cited by 102 publications

References 24 publications

Eradicating women-hurting customs: What role for social engineering?

Eradicating women-hurting customs: What role for social engineering?

Problematic legal pluralism: causes and some potential ‘cures’

Inheritance: A Gendered and Intergenerational Dimension of Poverty

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