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Andres Palacios Lleras's avatar

Hi Mateo,

I am an occasional reader of your Substack. I find the topics you choose are super interesting. However, I also find the approach you present to be quite limited. This post is an example. The topics discussed are super interesting and can/should give place to fruitful discussions with other scholars. However, the framework you present has some obvious limitations. (BTW, I acknowledge that the frameworks is not entirely yours and that you are writing in the "canon" of mainstream Uniandes professors of economics). To begin with, it confounds me how economists in general, and Robinson et.al. in particular, address legal phenomenon without any care for, or attention to, law and its doctrines. Imagine if lawyers were to talk about markets without any input from economics; that would be charlatanry. And yet many economists, including Robinson & Acemoglu, talk about legal institutions without the faintest care for what lawyers do or say. An MA student that submits a term paper about constitutions as institutions that fails to consider at least one well-known constitutional law scholar would fail his/her paper simply because he/her fails to refer to the relevant literature. As to the limitations, and in particular the gap between formal and informal institutions, there are rivers of ink written by sociologists and other social scientists ton this topic. The issue is that the differences between formal and informal institutions are much more nuanced than what can be considered at the outset. Are formal institutions those that are based on equilibria, or are they those that are part of the laws of a nation? What if some social groups develop an equilibrium different from that established in the law - which is the formal and which is the informal institution? Just as well, you may have formal institutions (that is, institutions enacted by the proper political authorities) that are enforced informally, as well as informal institutions that take place "in the shadow" of formal institutions. You can have social groups that comply with certain institutions and other groups that don't - at the same time. The lives of institutions, so to say, is much more complex than what the formal/informal dichotomy suggests. Consider also the notion of utopian constitutionalism. To an important extent, all constitutions are utopian, for they envision harmonious societies of politically engaged and free citizens. The American constitution, arguably the first modern constitution, envisioned a political system that would prevent a tyranny by factions of special interests (I guess Trump´s second inauguration proved The Federalists wrong - too utopian?). Later amendments envisioned a society that could overcome racism by grating all individuals equal protection under the law. Is this more utopian than, say, social and economic rights? A constitutional protection to free competition? It is unclear how we distinguish utopian from pragmatic constitutions prima facie and without circular arguments fraught with inconsistencies. All of the topics discussed in your entry are of the uttermost interest, and they should merit many MA PhD thesis, but any of them should account minimally for these issues. I do agree with you that the emphasis on political economy regarding power and redistribution is fruitful, but it is insufficient. Perhaps the literature of how power is built, exercised, legitimized/"internalized" could provide more useful venues and insights. Anyway, keep up with your posts. They are super interesting and very engaging.

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