Law and economics scholars argue that the common law evolves toward efficiency. Invisible-hand theories suggest that the law is primarily driven by a selection process whereby inefficient laws are litigated more frequently than efficient laws, and hence are more likely to be overturned. However, the preferences of judges also necessarily affect legal change. This paper models the interaction of these two forces to evaluate the efficiency claim, and then applies the conclusions to the evolution of accident law in the United States beginning in the 19th century. Specifically, it attributes the persistence of negligence to its efficiency properties, despite its having been initially selected by judges for a different reason. The paper relates legal evolution to biological evolution by employing the concepts of natural and artificial selection, and the more recent concept of exaptation.

Corporate social responsibility (CSR) was long associated with the ethics of company heads but now falls within an institutional process whereby practices give rise to rules which in turn modify company actions. CSR has spread as a result of social demand for a more ecological society, but it also constitutes a response to the crisis of shareholder governance. Drawing on the notion of ‘conception of control’ set out by Neil Fligstein (1990), we argue that CSR has given rise to a new ‘conception of control’, which we term ‘shareholder–CSR compatible’. Such a conception reflects how governance changes when environmental and societal responsibilities are combined with responsibility to shareholders. Shareholder value is still central within the enterprise, but top managers must now assume the position of mediators between these two imperatives.

We study the effects of institutional instability on growth. Using principal components analysis, we construct measures of institutional quality and instability from the political risk index of the International Country Risk Guide. A panel-data analysis of 132 countries during 1984–2004 reveals that institutional quality, especially with regard to the legal system and the protection of property rights, is positively linked to growth. As for institutional instability, we find evidence of a positive relationship in rich countries but a negative link in poor countries, suggesting that instability may reduce problems of institutional sclerosis in the former and that instability primarily entails an increase in transactions costs and uncertainty in the latter.

This paper focuses on understanding rule systems by documenting existing rules and their development in irrigation management in Nepal. We analyze the rule formation of a sample of irrigation systems based on the ADICO syntax (Crawford & Ostrom, 1995; Ostrom, 2005). Farmer-managed irrigation systems generally are autonomous in devising their own rules based on local context considering the ideas, norms and beliefs shared within the community. Rule formation in agency-managed irrigation systems, however, is mostly done by external officials. Strong rule enforcement mechanisms were found in farmer-managed systems compared with agency-managed systems. Better rule enforcement created favorable conditions for collective action among the users and ensured better performance of the irrigation systems. Results imply that the formation of new rules should fully consider biophysical attributes as well as community beliefs and ideas.

Health systems provide a rich field for testing hypotheses of institutional economics. The incentive structure of current healthcare delivery systems have deep historical and cultural roots, yet must cope with rapid technological change as well as market and government failures. This paper applies the economic approach of comparative and historical institutional analysis (Aoki, 2001; Greif, 2006) to health care systems by conceptualizing physician control over dispensing revenues as a social institution. The theory developed – emphasizing the interplay between cultural beliefs, interest groups, technological change, insurance expansion and government financing – offers a plausible explanation of reforms since the 1960s separating prescribing from dispensing in societies such as Japan, South Korea, Taiwan and China. Technological change and adoption of universal coverage trigger reforms by greatly increasing the social opportunity costs of physician over-prescribing and reshaping the political economy of forces impinging on the doctor–patient relationship.

Sidney Winter (2011), Brian Pentland (2011), and Geoffrey Hodgson and Thorbjørn Knudsen (2011) take issue with the arguments in Teppo Felin and Nicolai J. Foss (2011), along with more generally critiquing the ‘microfoundations project’ related to routines and capabilities. In this rejoinder we argue that the responses of our critics reinforce a number of the points stated in our writings on the routines and capabilities literature. In response to their many points we address the following key issues in the debate: (1) lack of construct clarity; (2) universal mechanisms or comparative chauvinism; (3) models of mind and man; (4) levels of analysis; (5) agency and uncaused causes; and then further discuss (6) a rationalist alternative.