Policy lessons are often drawn from the emergence in Europe of ‘inclusive’ institutions, which are held to have displaced ‘extractive’ institutions and fostered economic growth. This article analyzes the concept of inclusiveness using evidence on a historical institution that has been widely viewed as inclusive – the guild. It finds that we must differentiate between three types of inclusiveness: community, corporative, and societal. Community inclusiveness refers to the share of individuals involved in an institution's operations, corporative inclusiveness the share of political representation enjoyed by the institution itself, and societal inclusiveness the extent to which the institution enables full economic and political participation by everyone in society. We must also distinguish between general inclusiveness, which takes into account general-equilibrium effects, and partial inclusiveness, which assumes away such effects. Inclusiveness and extractiveness are not opposites in theory, and guilds show why certain types of inclusive institution are likely to behave in extractive ways. Finally, guilds alert us to trade-offs between inclusive economic institutions, inclusive political institutions, and inclusive growth. History does not imply abandoning the concept of inclusiveness, but rather thinking about it carefully.

This is the second of two papers that generate and analyze quantitative estimates of the development of English caselaw and associated legal ideas before the Industrial Revolution. In the first paper, we estimated a 100-topic structural topic model, named the topics, and showed how to interpret topic-prevalence timelines. Here, we provide examples of new insights that can be gained from these estimates. We first provide a bird's-eye view, aggregating the topics into 15 themes. Procedure is the highest-prevalence theme, but by the mid-18th century attention to procedure decreases sharply, indicating solidification of court institutions. Important ideas on real-property were substantially settled by the mid-17th century and on contracts and torts by the mid-18th century. Thus, crucial elements of caselaw developed before the Industrial Revolution. We then examine the legal ideas associated with England's financial revolution. Many new legal ideas relevant to finance were well accepted before the Glorious Revolution. Finally, we examine the sources of law used in the courts. Emphasis on precedent-based reasoning increases by 1650, but diffusion was gradual, with pertinent ideas solidifying only after 1700. Ideas on statute applicability were accepted by the mid-16th century but debates on legislative intent were still occurring in 1750.

This paper investigates what drives countries to legislate presumed consent – making citizens organ donors by default unless they opt out – instead of explicit consent. Results reveal the following: First, civil law predicts presumed consent, which uncovers a mechanism by which an institution that long pre-dates transplantation medicine has an impact on current health outcomes. This is in line with previous research that has found that civil law regimes tend to be more comfortable with a centralized and activist government than common law ones. Second, Catholicism predicts presumed consent. This is consistent with previous research that shows Catholicism generally relies on more hierarchical structures and is less likely to encourage social responsibility among its members. Last, higher pro-social behavior decreases the likelihood of presumed consent. This could be explained by policy-makers trying not to discourage donations where pro-social behavior is high by making it look a requirement rather than an altruistic act. The implications of the findings are discussed, with a particular focus on policy-switches in organ donations.

Social norms pervade society and when they conflict with legal norms, the former undermine the latter making them ineffective. In this study, we propose that the extortion racket in Sicily has turned into a social norm and this is why recent top-down interventions have failed in stalling this socially undesirable activity. One exception is represented by Addiopizzo, a grass root movement that uses non-legal means to fight the racket phenomenon in Sicily. During the last 15 years, Addiopizzo was able to produce an effective reduction in the payment of protection money in the Sicilian city of Palermo by triggering, we suggest, among other things, a process of change in social norms. Acknowledging the importance of a change in social norms to achieve social change allows us to link the theory of institutions as ‘rules’ with the theory of institutions as ‘equilibria’.

Corruption is widely believed to have an adverse effect on the economic performance of a country. However, many East-and-Southeast-Asian countries either achieved or currently are achieving impressively rapid economic growth despite widespread corruption – the so-called East-Asian-Paradox. A common feature of these countries was that they were autocracies. We re-examine the corruption-growth relationship, in light of the East-Asian-Paradox. We examine the role of political regimes, in mediating corruption–growth relationship using panel data over 100 countries for the period 1984–2016. We find clear evidence that corruption–growth relationship differs by the type of political regime, and the growth-enhancing effect of corruption is more likely in autocracies than in democracies. The marginal effect analysis shows that in strongly autocratic countries, higher corruption may lead to significantly higher growth, while this is not the case in democracies. Alternatively, democracy is not good for growth if there is a high level of perceived corruption. We provide suggestive evidence that the mechanism by which corruption is growth-enhancing in autocracies is through the perceived credibility of the commitment of ruling political elites to economic freedom, thereby providing confidence to the firms to invest, leading to long-term growth.

In all legal systems, possession and property are inextricably linked. Game theory captures this relationship in the Hawk–Dove game: players competing for an asset are better off when the possessor plays Hawk and the intruder plays Dove (the bourgeois strategy) so that property can emerge as a spontaneous convention. This theory has been supported by large experimental evidence with animals. This paper presents a lab experiment where possession is manipulated to study the emergence of the property convention with human subjects. We show that the highest coordination emerges when possession is achieved meritoriously and that possession induces only bourgeois coordination (never antibourgeois).

We examine how variation in antisemitism across countries can be explained by economic freedom. We propose two mechanisms. First, the more economic freedom, the greater the scope of market activities. If people perceive Jews as particularly skilful at doing business at the expense of others, a greater reliance on markets can increase antisemitism. Second, a key type of institution undergirding the market is an effective and fair legal system, or the rule of law. The stronger the rule of law, the smaller the risk for exploitative behaviour, and the less hostile people will be towards groups seen as exploiters. If Jews are seen as such, more economic freedom reduces antisemitism. We use the ADL Global 100 survey of antisemitic attitudes and relate them, for up to 106 countries, to the Economic Freedom of the World index and its five areas. Our empirical findings confirm the two predictions: The more economic openness, the more antisemitism; and the stronger the rule of law, the less antisemitism. These findings indicate a complex relationship between markets and attitudes towards Jews.

The Zollverein, the outcome of sequential negotiations between Prussia and other sovereign German states in 1834, was the first international customs union, the template for modern ones such as the European Union. This paper applies a bargaining model to analyse the logic behind the creation of this novel institutional form and the choice of sequential rather than multilateral negotiations. The existence of negative coalition externalities, the effects of new coalitions on non-participants, led the agenda setter, Prussia, to choose sequential over multilateral negotiations as that lowered the membership reservation prices of the other states involved. Institutionally, the features of a customs union structure provided a higher payoff for the agenda setter than capturing the welfare gains from the differential tariff setting in a free trade agreement, explaining the emergence of this novel institutional structure on an international scale.

This paper investigates the organizational structure of the Xiang Army, one of the best-known regional armies in the late Qing dynasty. The army developed an organizational form to overcome problems that plagued the imperial army of the central government, namely, the poor recruitment and training of soldiers, the lack of incentives to fight in battles, and the coordination failure. This organizational structure, I argue, played a central role in the rise of the Xiang Army in the Qing dynasty.

There is a broad consensus that state capacity is central to economic and institutional development. But while the concept originated as a tool for macro-historical and comparative analysis, its success has led the term ‘capacity’ to become a default metaphor for discussing the quality of government bureaucracies. This paper discusses the limitations to conceiving of narrower questions of bureaucratic performance and policy implementation through the lens of the broad, aggregate concept of capacity. Whereas capacity refers to bureaucracies' hypothetical potential, this usually differs from their actual actions due to internal information and incentive problems created by bureaucracies' collective nature, and the constraints and uncertainty imposed by their multiple political principals. Capacity is a convenient shorthand term and is appropriate for some purposes, but it achieves this convenience by abstracting away from the mechanisms that determine bureaucratic performance and policy implementation. To advance the study of bureaucratic quality, researchers should seek to understand the implications of bureaucracies' collective nature, engage with contextual specificity and contingency in policy implementation, and focus measurement and reform efforts more towards actual performance than hypothetical capacity.