Strategic Coordination and the Law |
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Authors: | Nicholas Almendares Dimitri Landa |
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Institution: | (1) Law School, New York University, New York, NY 10003, USA;(2) Department of Politics, New York University, 726 Broadway, 7th Floor, New York, NY 10003, USA |
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Abstract: | We re-examine the relationship between coordination, legal sanctions, and free-riding in light of the recent controversy regarding
the applicability of the coordination problem paradigm of law-making. We argue that legal sanctions can help solve coordination
problems by eliminating socially suboptimal equilibrium outcomes. Once coordination has taken place, however, free-riding
can not lead to the breakdown of coordination outcomes, even if sanctions may still be effective at increasing the equity
of such outcomes. Finally, we argue that it is the choice of a legal or constitutional system rather than the choice of law
that is paradigmatic of the coordination problem. This view requires a re-assessment of the normative status of sanctions
attached to individual laws.
We thank Catherine Hafer and two anonymous reviewers for helpful comments and suggestions. |
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