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The Handbook of Political, Social, and Economic Transformation$
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Wolfgang Merkel, Raj Kollmorgen, and Hans-Jürgen Wagener

Print publication date: 2019

Print ISBN-13: 9780198829911

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780198829911.001.0001

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(p.379) Chapter 34 Law
The Handbook of Political, Social, and Economic Transformation

Christian Kirchner

David Ehmke

Oxford University Press

Law is an instrument as well as a product of change. This chapter investigates the role of informal and formal rules for a political, social, and/or economic transformation. The focus is on the real impact, i.e., the actual enforcement of rules and the interplay of formal and informal rules. Just as the way different rules are made and enforced has to be considered, so too does the type of transformation, e.g., as to whether a law is created as part of a genuine evolution process or imported as a legal transplant from another jurisdiction. The goal is a thorough understanding of how rules might be established and enforced to shape a political, social, and/or economic transformation.

Keywords:   law, legal transplant, rule making, institutions, formal rules, informal rules, legitimation, enforcement, top-down, bottom-up

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