Comments on: Misrule of Law Matters: Time to Reboot? http://thekaufmannpost.net/misrule-of-law-matters-time-to-reboot/ Transparency, corruption and governance matters, evidence-based Tue, 06 Mar 2012 18:17:57 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Misrule of law matters: time to reboot? - Viewsflow http://thekaufmannpost.net/misrule-of-law-matters-time-to-reboot/comment-page-1/#comment-11050 Misrule of law matters: time to reboot? - Viewsflow Thu, 04 Feb 2010 14:06:31 +0000 http://thekaufmannpost.net/?p=1730#comment-11050 [...] Daniel Kaufmann looks at law and legalism in the US and Kenya.Close [...] [...] Daniel Kaufmann looks at law and legalism in the US and Kenya.Close [...]

]]> By: David Smith http://thekaufmannpost.net/misrule-of-law-matters-time-to-reboot/comment-page-1/#comment-11049 David Smith Thu, 04 Feb 2010 14:03:31 +0000 http://thekaufmannpost.net/?p=1730#comment-11049 I second Jon Stern, bravo. To be sure I totally understand. By legal capture, you mean the system and its agents being captured by the entities subject to its nominal control, right? E.g. GE getting a better outcome from an environmental case than my mom & pop pig farm because it's GE and I'm a no account pig farmer? I second Jon Stern, bravo.

To be sure I totally understand. By legal capture, you mean the system and its agents being captured by the entities subject to its nominal control, right? E.g. GE getting a better outcome from an environmental case than my mom & pop pig farm because it’s GE and I’m a no account pig farmer?

]]> By: Jon Stern http://thekaufmannpost.net/misrule-of-law-matters-time-to-reboot/comment-page-1/#comment-11043 Jon Stern Thu, 04 Feb 2010 12:41:58 +0000 http://thekaufmannpost.net/?p=1730#comment-11043 I agree strongly with this piece - and even more strongly with the background piece presented at the Symposium. In particular, the emphasis on the difference between de jure and de facto is one that I have long emphasised in analysing the quality of governance of infrastructure regulators (and their effectiveness). We now have empirical evidence of its importance for Latin American telecoms in the recent paper by Montoya and Trillas. One interesting point in favour of the Kauffman et al Rule of Law index is that it discriminates very well between countries that have been able to sustain independent utility regulators and those that cannot. I know of no country that has been able to sustain an independent infrastructure regulator with a Kauffman Rule of Law score of under 25-30. (See also Cubbin and Stern (2006)). Regards Jon Stern I agree strongly with this piece – and even more strongly with the background piece presented at the Symposium.

In particular, the emphasis on the difference between de jure and de facto is one that I have long emphasised in analysing the quality of governance of infrastructure regulators (and their effectiveness). We now have empirical evidence of its importance for Latin American telecoms in the recent paper by Montoya and Trillas.

One interesting point in favour of the Kauffman et al Rule of Law index is that it discriminates very well between countries that have been able to sustain independent utility regulators and those that cannot. I know of no country that has been able to sustain an independent infrastructure regulator with a Kauffman Rule of Law score of under 25-30. (See also Cubbin and Stern (2006)).

Regards

Jon Stern

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