The Political Economy of Law Enforcement
Journal
MaxPo Discussion Paper
ISSN
2196-6508
ISSN-Digital
2197-3075
Type
journal article
Date Issued
2021-02
Author(s)
Abstract
The legal order is the legitimate foundation of liberal democracy. Its incomplete enforcement of the law can therefore appear dysfunctional, reflecting weak institutions, state capture, and corrupt practices. This paper casts doubt on such categorical assessments by systematically examining the reasons for and intentions behind incomplete enforcement. It argues that law enforcement is part of the political process that is deeply affected by the constellation of actors concerned. Choices over law enforcement produce social order that is analytically distinct from the production of legal norms and their formal implementation. By analyzing different types of partial enforcement, its rationales, and intended effects, we propose an approach that studies law enforcement as an integral part of public policy analysis and of the study of socioeconomic orders.
Language
English
HSG Classification
contribution to scientific community
HSG Profile Area
SHSS - Kulturen, Institutionen, Maerkte (KIM)
Refereed
Yes
Publisher
Max Planck Sciences Po Center
Publisher place
Paris
Volume
21
Number
1
Start page
1
End page
22
Pages
22
Division(s)
Eprints ID
262492