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Constitutions and Order: A Theory and Evidence from Colombia and the United States / Leopoldo Fergusson, Javier Mejia, James A. Robinson, Santiago Torres.

By: Contributor(s): Material type: TextTextSeries: Working Paper Series (National Bureau of Economic Research) ; no. w31501.Publication details: Cambridge, Mass. National Bureau of Economic Research 2023.Description: 1 online resource: illustrations (black and white)Subject(s): Other classification:
  • D70
  • D74
  • K10
  • P00
Online resources: Available additional physical forms:
  • Hardcopy version available to institutional subscribers
Abstract: We propose a framework to explain why some societies may end up with different constitutional solutions to the problem of maintaining order in the face of self-interested behavior. Though the salient intellectual tradition since Hobbes has focused on how institutional design is used to eradicate violence, our framework illustrates that equilibrium constitutions may in fact have to deliberately allow for violence. This arises because some societies are unable to use institutions to influence income distribution. In this case, a constitutional tolerance of violence emerges as a credible way for an incumbent to meet the participation constraint of a challenger. We illustrate the results with the comparative constitutional history of the US and Colombia.
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Working Paper Biblioteca Digital Colección NBER nber w31501 (Browse shelf(Opens below)) Not For Loan
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July 2023.

We propose a framework to explain why some societies may end up with different constitutional solutions to the problem of maintaining order in the face of self-interested behavior. Though the salient intellectual tradition since Hobbes has focused on how institutional design is used to eradicate violence, our framework illustrates that equilibrium constitutions may in fact have to deliberately allow for violence. This arises because some societies are unable to use institutions to influence income distribution. In this case, a constitutional tolerance of violence emerges as a credible way for an incumbent to meet the participation constraint of a challenger. We illustrate the results with the comparative constitutional history of the US and Colombia.

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