The Rule of Law
Background
A better future for the world’s impoverished people rests on the ability of capitalist economies to generate growth, and fundamental to the creation of increased wealth is the institution of property rights. Without defined, enforced rights to private property, the poor cannot even hope to ascend the economic ladder. However, if property rights are to provide incentives for economic growth, they must be secured within a framework of law.
The structuring of property rights influences economic incentives to save and to invest in capital improvements. They also affect the ability to acquire capital by determining whether property will be accepted as collateral for productive debt. Well-defined and enforced property rights free owners from the restriction of constant vigil over the land, business, homes, or buildings they own and allow them to spend more time producing.
Societies may define, allocate, and enforce property rights in a variety of ways:
The methods differ in the extent to which they encourage investment and economic growth.
Rule of Physical Force (Anarchy)
Rule of Men
Rule of Law
Nations in which the rule of law prevails share the following characteristics:
Source and Foundation of Property Rights
Method |
Anarchy: Rule of Physical Force |
Rule of Men |
Rule of Law |
Real Life Example |
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Source of Power |
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Access to Property Rights |
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How Property Rights are Acquired |
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Enforcement Mechanism |
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Degree of Consistency of Enforcement |
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Transferability of Property Rights |
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Encourages Capital Formation? (Source of collateral for loans?) |
Method |
Anarchy: Rule of physical force |
Rule of men |
Rule of law |
Real life examples |
Political ruling in some countries which are ruled by kingdoms |
Democracy governments |
Freedom of press and freedom for living |
Source of power |
Lies with single plan who is the ruler |
Lies with people |
Lies with constitution and ruling law |
Access to property rights |
Ruler or leader |
People |
Law or constitution |
How property rights are acquired |
Decision will be taken by leader or ruler |
Majority decision and right of voting |
Legally guided and acquired as per rule of law |
Enforcement mechanism |
Top to bottom, enforced by force |
Majority consent and enforced through constitutional amendments |
Enforced through law |
Degree of consistency of enforcement |
Higher degree |
Medium degree and not consistent as it should |
Higher degree and through law |
Transferability of property rights |
No |
Possible through amendments |
Possible through law |
Encourages capital formation? (Source of collateral of loans) |
At a lower level |
Higher degree of encouragement as people’s participation will be higher in this |
Legally possible and legal entities will be collateral |
Review the Source of Property Rights Background Material ( “Rule of Law” ). As a group,...
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