In the literature on firms and organizations, in economics, sociology, and business studies, there has been an increasing awareness that firms need others, outside the firm, in order to function, and particularly in order to innovate. This has led to the proliferation of studies on subjects such as outsourcing, inter-firm alliances, and networks of firms. Still, though, most of these studies focus on dyads of firms (i.e., strategic interaction of firms). Even in network studies, networks were seen mostly as aggregates of dyads. In contrast, in network analysis in sociology there has been, for some time, attention to roles and effects of third parties and of triads. In particular, the work of Ronald Burt (e.g. Burt, 1992) noted the importance, especially in the context of the acquisition of new information, of being a third party in ‘bridging structural holes’ between unconnected nodes or networks, and the opportunities for advantage as a tertius gaudens (laughing third) in playing agents off against each other. While in network analysis this attention to triads is relatively new, it has, in fact, a long history, going back, in particular, to the work of the sociologist Georg Simmel. A recent publication that acknowledges this is Krackhardt (1999).

A growing body of evidence documents a vast array of economic and social ill-effects of public perceived corruption. These findings and the scant evidence of recent success in the fight against corruption beg the question: how to abate it? We document the existence of a negative, statistically significant and quantitatively large impact of economic freedom (our proxy for institutions of capitalism, markets and competition) on public corruption. This negative response of corruption to economic freedom holds after allowing for non-linearities interacting economic freedom and political rights, endowments, legal families, ethnicity and for robust determinants of corruption uncovered by Daniel Treisman [‘What Have We Learned About the Causes of Corruption From Ten Years of Cross-National Empirical Research?’, Annual Review of Political Science, 10: 211–244], such as income, democracy, freedom of the press and fuel exports. Thus, this paper helps to explain why high-income prosperous countries exhibit low levels of public perceived corruption, and why honesty is a normal good.

This paper proposes a composite measure of ethnic fragmentation, the Social Diversity Index (SDI) to capture inherent multidimensionality not captured in the prevalent Ethno-Linguistic Fractionalization Index (ELF). The SDI more accurately demonstrates the direct effects of hidden diversity values and the extent and corresponding costs of ethnic diversity on economic growth. A comparative empirical analysis of the results from 132 countries employing the SDI and the ELF Index, suggests that the SDI is more robustly correlated with growth, and does a moderately better job of explaining the effect of exogenous static ethnic diversity. However, the empirical effects of ethnic diversity on growth tend to diminish with the inclusion of additional macroeconomic variables.

Does limited social knowledge inhibit government intervention or, conversely, demand it? This article confronts these two positions, as they are respectively advocated by Hayek and Popper, and sets out to substantiate the belief that Popper's view is the more coherent one.

Because verdicts are typically the more costly resolution of legal disputes, most governments are interested in high settlement rates. In this paper, we use a unique dataset of 860 case records from a German trial court to explore which institutional factors have a significant impact on the decision to settle in civil law litigation. We find that procedural aspects and individual characteristics of the involved judge have a significant impact on in-court settlement probability. We also find that judge-specific aspects such as the judge's gender may have an impact on settlement probabilities in certain subfields of law. Based on our empirical results, we derive some conclusions for legal policies that aim at increasing settlement rates.

This paper explores the potential for gains from trade between Austrian and behavioral economics, with a focus on how the two schools of thoughts can constructively critique each other. Among other things, the Austrian critique of behavioral economics would urge it to jettison its restrictive and axiomatic definition of rationality, and to treat humans as active agents rather than passive recipients of environmental and cognitive influences. Meanwhile, the behavioral critique of Austrian economics would push it to take more seriously the fundamental question of how individuals arrive at choices and to analyze how such choices can interact with ‘micro-institutional’ choice environments.

We employ matching methods to explore the relationships between foreign aid flows and corruption in recipient countries. Data are drawn from recipients of foreign aid for the 1996–2013 period. We find no compelling evidence of an effect running from corruption to aid flows. Furthermore, point estimates imply that corruption reforms lead countries to receive less aid. Alternatively, we generally find that, over a 10-year horizon, a sustained increase in aid leads to more corruption in a recipient. It is the sustained nature of an aid increase that seems to be important for this effect. (We generally do not report significant results for large changes in aid that are not sustained over time.)

This essay explores six sentences from Oliver Williamson – five providing context and the sixth the central topic. Decades ago, Williamson asserted that: (a) ‘substantially the same factors’ (1973: 316) create governance issues not only within organizations but also in interactions between organizations; and (b) relational contracting might be useful in addressing these issues in both domains (1979, Figure II). More recently – in an informal conversation in 2002 – he suggested a perspective on relational contracting that appears valuable in both of these domains: relational contracts as ‘deals that start when you sign them’. The bulk of this essay explores past, present, and potential research on this perspective.

In his Scroogenomics, Joel Waldfogel argues that gifting creates enormous deadweight loss, as individuals give one another gifts that they do not want or cannot use. He views efficiency as static, calculating the gains from trade (or gifting) at the moment of transaction. A puzzle arises, however, when one realizes that gifting has been a nearly ubiquitous institution throughout history. If gifting wastes valuable resources, why does it persist? We argue that gift giving is dynamically efficient despite the possibility of generating short-term deadweight loss. A well-functioning market economy requires expanded social networks and trustworthiness among anonymous and quasi-anonymous exchange partners. Gifting allows individuals to signal trustworthiness by offering ‘burnt sacrifices’. Gifting practices that include a willingness to sacrifice via reciprocity norms, public visibility and ritual will tend to promote generalized trust. We consider these four elements – sacrifice, reciprocity, publicness, and ritual – to be critical institutional design principles for fostering dynamic efficiency. Our essay contributes to the literature on institutional economics by prompting scholars to think about the long-term (dynamic) efficiencies generated by cultural practices that appear inexplicably inefficient.

Economic history has recently emphasised the impact of economic shrinking on long-term economic growth, but economic theories do not provide explanations for how and why some countries avoid economic shrinking. In this case study of institutional change in post-independence Indonesia, we examine how the country managed to reduce the frequency of shrinking during the authoritarian regime and beyond. We argue that the state's autonomy, measured by macroeconomic policymaking, and accountability, measured by food security, were two key social capabilities that enabled Indonesia to reduce the frequency of economic shrinking. During this period, the ‘doorstep conditions’ for the transition into a democracy and stable economic growth emerged. More specifically, Indonesia managed to diversify its revenue base and make public resources more available for the broader common good. Loosening the connection between macroeconomic policymaking and elites opened up greater opportunities for the emergence of private enterprises. However, to date, the country is still far from a full-fledged open access society.

The different role played by case law and the historical and conceptual differences between the doctrines of precedent in common law and civil law traditions are important determinants of judicial creativity. In this article, we consider a hybrid version of stare decisis, called by the French name of jurisprudence constante, adopted by mixed jurisdictions. Unlike stare decisis, which allows a single precedent to establish case law, the doctrine of jurisprudence constante links the recognition of a judge-made rule to the existence of a consecutive line of decisions affirming the same legal principle. We develop a model to consider the effects of this doctrine on the social costs arising from judicial error and uncertainty in case law. We further consider the effects of these alternative doctrines of precedent on judicial creativity and ideological bias in judge-made law.

Economics as a social science is about exchange and the institutions within which exchange relationships are formed and transactions are executed. Yoram Barzel's contribution to economics and political economy reflect this focus on exchange and institutions. In this paper, I will sketch a theory of real-existing socialist economies from a property rights/public choice perspective. Then I present the puzzles in political economy that such a system confronted in attempting to create a prosperous, regenerating and competitive economic system. I then conclude with a short discussion of the future for a progressive research program in political economy that takes institutional change seriously.

Ha-Joon Chang (2011), in his article ‘Institutions and Economic Development: Theory, Policy and History’, argues that economists place too much faith in ‘liberalized’ institutions. Institutions matter for growth, he contends, but not the way institutional economists think they do. In this article, we offer a defense of the hypothesis that ‘institutions matter’ for economic growth and present several objections to Chang's arguments.

This special issue, devoted to the analysis of colonial institutions in the economic performance of countries both pre- and post-colonialism Africa, aims to be a contribution, in the vein of North (2005), to the field of colonial studies in comparative institutional perspective. The papers in this issue combine the history of economic thought, econometrics, economic history, cliometrics and the analysis of colonial institutions. These approaches shed a new light on the question of path-dependence and historical dynamics. They suggest that as former African colonial countries move away from the colonial period, the shadow of colonial institutions is less marked and is now rivalled in importance by the extent of democracy, which now plays a crucial role in their economic development.

This paper shows how the literature on identity can enhance the so-far underdeveloped appreciation of social context in the theory of the firm. While taking context into account, I explain why the literatures overlap in significant ways and I propose an analytical map which relies on and matches the three central questions of both literatures. The three central questions on identity – identification, individuation and multiple social identities – are coupled respectively with the three central questions on the firm – the nature of the firm, internal organization and firm boundaries. This identity-based extension of the economics of the firm contributes to the organization of the literature by extending the analysis of identity to questions that go beyond the primary question of identification. In doing so, it identifies two key research agendas: the role of internal organization in enabling individuation and the role of firm boundaries in enabling collective intentions.

This article aims to address the lack of transaction costs economics (TCE) studies in health economics. It provides a content analysis of ObamaCare and 25 lawsuits that challenge the 2010 reform. It shows that the cultural environment determines the strength of features of governance structures and in line with this the strength of their instruments. Following Williamson's TCE model of governance structures, the zero transaction costs criterion is supplanted by the remediableness criterion. Assuming that ObamaCare might be ruled to be constitutional, the regulation of healthcare is found to be a comparative efficient governance structure in addressing adverse selection. However, the TCE analysis also reveals that ObamaCare itself is subject to some flaws in efficiency and effectiveness, namely: unbalanced adaptation mechanisms, unbalanced incentives and weak enforcement devices.

The organization of information production is undergoing a deep transformation. Alongside corporations, which have been for long time the predominant institutions of information production, new organizational forms have emerged, e.g. free software communities, open-content on-line wikis, and collective blogs. The paper investigates the factors that favoured the emergence of these alternative systems, called peer production. Different from the previous literature, the paper considers technology as an endogenous variable in the process of organizational design. On this basis, the paper argues that the diffusion of digital technology is a necessary but not sufficient condition to explain the emergence of peer production. A similarly important role has been played by the set of ethics that motivated the early adherents to the free software movement. Such an ethics indeed operated as a ‘cultural subsidy’ that helped to overcome the complementarities existing among distinct institutional domains, and let a new organizational species to emerge.

János Kornai's pioneering scholarship examined the mechanisms of the socialist system. Following the collapse of the Soviet Union, Kornai's main focus was on the transition process in former socialist countries in central Eastern Europe. This paper builds on Kornai's work on the socialist system by analyzing horizontal bargaining within every political branch in contemporary China. I argue that this horizontal bargaining within the party is enhanced by the vertical bargaining. Incorporating Kornai's work on socialism, the “party chief and mayor” template extends the bargaining model from one key figure and one group in the “king and council” template to two key figures and their respective confidants. In addition, it incorporates institutional constraints into the graphical model. It also defines a “collective decision probability function,” which shows how the party chief and mayor model reaches “checks and balances” that limit the policy space, regardless of whether the policy is exogenous or endogenous.

This paper discusses a research agenda for post-Northian institutional economics, which focuses on economic cognitive institutions and minds–institutions interactions. Douglass North introduced the ‘shared mental models’ and ‘shared beliefs’ concepts, which were considered the cutting edge of cognitive science at that time, the so-called first wave of extended mind theory. Subsequently, two more waves arose, but they went unnoticed by institutional economists who mostly continue to use internalist and reductionist approaches to cognition. Post-Northian institutional economics offers a deeper understanding of the relationship between cognition and institutions in the spirit of third-wave extended mind theory. The research agenda emphasizes a focus on socially extended cognition and the conception of cognitive institutions as shared mental processes (Petracca and Gallagher, 2020). I propose an alternative definition of cognitive institutions as interactively and polycentrically co-produced cognitive norms; this approach highlights normativity, co-production, and distributed active agency in extended cognitive processes. I propose two domains in which this third-wave framework can be used: ecological rationality and cognitive–cultural niche construction. This paper encourages a discussion on the prospects of a third-wave enactivist turn in institutional economics.

This is a review of Joel Mokyr's fascinating book entitled A Culture of Growth. The work is summarized, noting its focus on Darwin-style evolutionary explanations of cultural change. But Mokyr's emphasis on cultural entrepreneurs and positive feedbacks in the procreation of ideas is insufficient to explain the origins of modern economic growth. Too much explanatory weight is placed on too few extraordinary people. It is argued that Mokyr's analysis should be extended, to bring the evolution of institutions, as well as the evolution of culture, into the picture at an additional level. The role of inter-state rivalry and exogenous shocks has also to be underlined. This kind of analysis can be developed within the framework of generalized Darwinism, which Mokyr himself adopts. This is a major and highly stimulating book.