Real Property, Spontaneous Order, and Norms in the Gold Mines

This article contributes to the current debate about why people follow the law even when they are not subject to legal sanctions, as when there are no police and little danger of a lawsuit. Most recent scholarship in this area takes the form of norms theories, suggesting that social norms rather than laws shape behavior and that deviations from the norm are punished by either social or internal sanctions. Robert Sugden, however, proposes that order may develop “spontaneously” in the many areas of life where abiding by the rules minimizes the risk of costly confrontations with others and is thus in the interest of all parties. When this is true, the threat of little or no sanctions plays no role in regulating behavior. This article tests Sugden's theory against a simple property system, that of the California gold mines, in which individual miners held small claims subject to strict work requirements. The evidence of eyewitnesses shows that the stability of the regime did not depend on norms, but on the reasonable prediction that other claim holders would themselves stand up for their rights under the local mining code. Disputes about the rules and their application were submitted to arbitrators, whose decisions were accepted by the parties and did not need to be enforced. The California experience thus provides an example of a stable property regime for which game theory has a more satisfying explanation than do any of the norms theories

Business · Epistemology · Order (exchange · Property (philosophy · Law, Economics, and Judicial Systems · Legal and Constitutional Studies · Philosophy · Property Rights and Legal Doctrine

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  Open Access•Léo Fitouchi, Manvir Singh•Evolution and Human Behavior•2023

  Incluir item

• Law without the State

  Open Access•Gillian K Hadfield, Barry R Weingast•Journal of Law and Courts•2013

  Incluir item

• The Social Norms of Waiting in Line

  Open Access•Dave Fagundes, David Fagundes•Law & Social Inquiry•2016

  Incluir item

• Rules of Possession Revisited

  Open Access•Danny Fitzpatrick, Daniel Fitzpatrick et al.•Law & Social Inquiry•2013

  Incluir item

• Keeping Vigil

  Open Access•Jonathan Obert, Eleonora Mattiacci•Perspectives on Politics•2018

  Incluir item

• Self-Interest and the Design of Rules

  Open Access•Manvir Singh, R W Wrangham et al.•Human Nature•2017

  Incluir item

• The Relative Resilience of Property

  Open Access•Daniel Fitzpatrick, Susana Barne et al.•Law & Society Review•2010

  Incluir item

• Expressive Law And Economics

  Open Access•Robert Cooter•The Journal of Legal Studies•1998

  Incluir item

• On the Expressive Function of Law

  Cass R Sunstein•University of Pennsylvania Law…•1996

  Incluir item

• The Economics of Rights, Co-operation and Welfare

  Open Access•Robert Sugden•Economics of Rights, Co-Operation…•2005

  Incluir item

• The Development of Property Rights on the Canadian and American Mining Frontiers

  Douglas Baker, Douglas C Baker et al.•The American Review of Canadian…•1999

  Incluir item

• Three Years in California

  Oscar Osburn Winther, Walter Colton et al.•The Mississippi Valley Historical…•1950

  Incluir item

• Mining Camps

  Oscar Osburn Winther, Charles Howard Shinn et al.•The Mississippi Valley Historical…•1948

  Incluir item

• Culture and Fairness in the Development of Institutions in the California Gold Fields

  Open Access•Richard O Zerbe, C Leigh Anderson•The Journal of Economic History•2001

  Incluir item

• Private Property

  Maurice Dobb, M H Dobb et al.•Economica•1952

  Incluir item

• California Gold

  Percy S Fritz, Rodman W Paul•The Mississippi Valley Historical…•1948

  Incluir item

• Explaining altruistic behavior in humans

  Open Access•Herbert Gintis, Samuel Bowle et al.•Evolution and Human Behavior•2003

  Incluir item

• The Origin, Development, and Regulation of Norms

  Richard H Mcadams•Michigan Law Review•1997

  Incluir item

• California from the Conquest in 1846 to the Second Vigilance Committee in San Francisco

  C Grant Loomis, Josiah Royce•Western Folklore•1949

  Incluir item

• Spontaneous Order

  Open Access•Robert Sugden•The Journal of Economic…•1989

  Incluir item

• Days of Gold

  Janet Fireman, Janet R Fireman et al.•Western Historical Quarterly•1998

  Incluir item