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Resource Management: INSTITUTIONS AND INSTITUTIONAL DESIGN Erling Berge A survey of theories NTNU, Trondheim Erling Berge 2007 1 Literature Peters, B. Guy 2005 Institutional Theory in Political Science. The new institutionalism, Continuum, New York Also see: Goodin, Robert E. ed. 1996. The Theory of Institutional Design. Cambridge: Cambridge University Press. Ingram, Paul, and Karen Clay. 2000. The Choice-withinconstraints new institutionalism and implications for sociology. Annual Review of Sociology Vol.26:525-46 Luhmann, N. 1985. A sociological theory of law. London: Routledge and Kegan Paul. Scott, W Richard. 2001. Institutions and Organisations, Second Edition. London: Sage. Erling Berge 2007 2 Erling Berge 2007 1

Exogenous Variables Institutions and actions Biophysical/ Material Conditions Attributes of Community Rules Action Arena Action Situation Participants incl: Actor Interactions Outcomes Evaluation Criteria Erling Berge 2007 3 Defining Institutions Institutions comprise a substantive area of operation (field) a system of legitimate rules a group of persons with legitimate interest in the interpretation and application of the rules a group of actors pursuing their goals within the substantive area constrained by the system of rules Erling Berge 2007 4 Erling Berge 2007 2

Introduction What is an institution? Previous theories Sociology, economics, political science Contemporary theory Rational choice: "Choice-within-constraints" perspective Cognitive-constructionist perspective Institutional change Origin Maintenance and reproduction Erling Berge 2007 5 Previous theories 1880-1950 Economics (Schmoller, Veblen, Commons, Schumpeter, Galbraith, Myrdal) --> Overtaken by neo-classical micro-economics Political science ( most, but Burgess, Wilson, Willoughby) --> Overtaken by behavioralism Sociology (most, but Marx, Durkheim, Weber, Cooley, Meade, Hughes, Mannheim, Parsons, Schutz, etc) --> Dominated by conflict and class theory Erling Berge 2007 6 Erling Berge 2007 3

Neo-institutional theory 1950 ----> Economics (Coase 1937, 1960, Williamson 1975, North& Thomas 1973, North 1990) Political science (March& Olsen 1984, 1989, Skocpol 1985, 1992, Buchanan& Tullock 1962, Shepsle& Weingast 1987) Sociology (Goffmann, 1961, Schutz 1962, Berger& Luckmann 1967, Silvermann 1971, Meyer& Rowan 1977, Zucker 1977, DiMaggio& Powell 1983, Hechter 1987, Coleman 1990) Erling Berge 2007 7 Contemporary theory Cognitive: what people believe to be real Construction of reality Institutional facts Thomas theorem Normative: what people believe to be right Encoding shared values, shaping roles, the logic of appropriateness Regulative: what people think the rules of the game are (or ought to be in the design of institutions) Coordination, collective action, affecting cost/benefit calculations (structure of incentives), principals and agents Erling Berge 2007 8 Erling Berge 2007 4

Basis of compliance Mechanisms of compliance Logic Indicators Basis of legitimacy Three pillars of institutions (Scott 1995:35) Regulative Expedience Coercive Appropriateness Instrumentality Rules, laws, sanctions Legally sanctioned Normative Social obligation Normative Certification accreditation Morally governed Cognitive Taken for granted Mimetic Orthodoxy Prevalence, isomorphism Cultural support, common knowledge Erling Berge 2007 9 Institutional carriers (Scott 1995:52) Pillar Carrier Regulative Normative Cognitive Cultures Conventions, Rules, Laws Shared values, expectations Categories, distinctions, typifications Social structures Governance, power structures Regimes, authority structures Identities, structural isomorphism Routines Protocols, standard procedures Conformity, performance of duty Scripts, performance programs Erling Berge 2007 10 Erling Berge 2007 5

Institutions: where do they come from? Creating and changing: politics Dynamics Regulative - collective action problems Normative - encoding values Cognitive - defining (thought) worlds Statics Regulative - variable governance (market vs hierarchy) Normative - uncertainty in markets (fairness) Cognitive - standardization, belief systems Erling Berge 2007 11 Institutions: how do they persist? Inertia is no explanation Maintenance, reproduction, change Power and interests, path dependence Knowledge systems and shared norms, learning and socialisation Diffusion (legitimacy, expert knowledge) Imitation, adoption Environmental change, external shocks Network constraints (e.g. interaction gaps or interference due to the topology of various types of networks) Framing effects (determining f. ex. legitimacy or appropriateness of particular actions) Erling Berge 2007 12 Erling Berge 2007 6

Institutions: shaping systems & fields The state Property rights, enforcement systems The professions Cognitive and normative environments (the Thomas theorem at group level) Shaping policy Economic, industrial, market, environment, Erling Berge 2007 13 Institutions: shaping fields & populations Creating fields Boundaries, governance, structuration Forming populations Densities & legitimacy Certification, regulation, mandating Legitimacy (cognitive, normative, regulative) Erling Berge 2007 14 Erling Berge 2007 7

Organizations: structure & performance 'Imprinting' at establishment Culture, roles, beliefs, legitimacy Differential responses to pressures Collective (lobbying, compliance mechanisms) Individual (acquiescing, compromising, avoiding, defying, and manipulating) Learning from others Of similar size Having success Erling Berge 2007 15 Summarizing Institutions and organisations What is the difference? Co-evolution of institutions and organisations Level of analysis Erling Berge 2007 16 Erling Berge 2007 8

Organisations Actors Goals - preferences - utility The relation between actor and goal Action and action environment governance rights and duties processes externalities Erling Berge 2007 17 Who are entitled to appropriate? Types of actors INDIVIDUALS COLLECTIVES/ ORGANISATIONS the firm the association the community STATES Erling Berge 2007 18 Erling Berge 2007 9

Types of institutions (Ingram & Clay 2000:531-539) Replacing formal informal: Private decentralised (persons): norms, beliefs, world views Private centralised (collectives): bylaws Public decentralised (cultures):?? the web Public centralised (states): laws Erling Berge 2007 19 Problem areas for the theory Rationality - bounded or? Opportunism - trust Credible commitment - contract enforcement Transaction costs Preferences - from where do they come?, and to what do they apply? Public decentralised: e.g. cognitive institutions? Erling Berge 2007 20 Erling Berge 2007 10

Scott(1995:33) defines institutions as consisting of cognitive, normative, and regulative structures and activities that provide stability and meaning to social behaviour. Institutions are transported by various carriers - cultures, structures, and routines - and they operate at multiple levels of jurisdictions Erling Berge 2007 21 Law and institutions A simpler definition of institutions than the one provided by Scott is Institutions are the rules of the game in a society (North 1990:3) The most visible part of these rules are the laws enacted by a legitimate body representing the common interests of the people. But laws, formal rules, stand on a foundation of taken for granted rules. The informal institutions of the society. For many purposes formal and informal rules can be discussed together simply as rules. But first a brief look at law Erling Berge 2007 22 Erling Berge 2007 11

Law: A sociological theory (Luhmann 1972) Is difficult because Complexity of law Specialised technical language of law Affects all aspects of society Will often be found to be studies of lawyers, judicial bodies, opinions of law each in its own way limited by the complexity of law Needs a general approach like the sociology of knowledge Complexity of law is the key Small or large Unstructured or structured Erling Berge 2007 23 Law: Classical beginnings Natural law and social contract presociological concepts Sociology No normative invariants Law is contingent. The moral foundation of law becomes an empirical question The perspective becomes evolutionary Law as normative structure empirical reality Law and society as interdependent (co-evolving) Empircal studies of the co-evolution Erling Berge 2007 24 Erling Berge 2007 12

Law: Classical studies I Marx Evolutionary force: changes in productive forces and relations of production Law grants and protects bundles of rights of enjoymen of results of production, rights to decide on resource allocations, and devolution of rights to successors Sumner Maine Evolution: from status In taditional society to contract in modern society Contracts create local, time limited rules for small games Erling Berge 2007 25 Law: Classical studies II Durkheim Evolutionary force is the division of labour taking society from segmented to functional differentiation Emphasises the non-contractual bases of contracts, law still expresses the solidarity of a society, from mechanic to organic solidarity Law changes intention of sanctions from repressive to restitutive Erling Berge 2007 26 Erling Berge 2007 13

Law: Classical studies III Weber Evolutionary force: the rationalisation of the world and creation of a capitalist economy Law must become independent in its formulation of normative structures to be able to regulate precisely specific functions to support the individually rational calculation of action Parsons on Durkheim and Weber Durkheim: insisting on the objective existence of social norms Weber: law and norms as limits on the contingent individually decided meaningful actions Parsons: multiple actors with independent decisions of meaningful action need integration of mutual expectations of behaviour by lasting learnable and internalisable norms The contingency and coordination problems are not resolved by Parsons Erling Berge 2007 27 Law: Concluding Positivity of law not yet recognised as fundamental: Law can be changed, designed to achieve particular objectives posing the relationship between law and society in a new light Luhmann concluded in 1972. Today the problems of understanding the design of law are well established with various approached (rationalist, functionalist, conflict, moral entrepreneurs) Erling Berge 2007 28 Erling Berge 2007 14

Rule systems Rules are based on values Cultural, social, economic Rules are based on knowledge Institutional facts Rules are based on needs for coordination Solving social dilemmas Persons have knowledge and values: usually in the form of a world view shaping their perceptions of facts and interpretation of rules Erling Berge 2007 29 Rule enforcement Monitoring and enforcement Second party enforcement ('victim') Third party enforcement ('state') Conflict resolution mechanisms Arbitration Courts Erling Berge 2007 30 Erling Berge 2007 15

Public centralized institutions Facilitating exchange (helping subjects to make credible commitment) State commitment to abstain from subsidization of organisations State commitment to abstain from "expropriation" of property Regulation of distributional issues Erling Berge 2007 31 Public decentralized institutions Language Culture International law Erling Berge 2007 32 Erling Berge 2007 16

Private centralized institutions Governing property rights Claim's clubs, cattlemen's associations Commons Governing transactions Law merchant Certification schemes Organisations Firms Erling Berge 2007 33 Private decentralized institutions Operates by Informal conflict resolution Reputation and group pressures Ostracism Foundational for other institutions (embeddedness, legitimacy, cognitive systems) Erling Berge 2007 34 Erling Berge 2007 17

Sources of variation in institutions Governance (market vs hierarchy) Incentives (rights and duties) Processes (by types of goods) Transaction costs Externalities Erling Berge 2007 35 Institutional change Because accidents happen (historical conjunctures) Because they evolve according to an internal dynamic (path dependence) Because of intentional activities aimed at changing them (politics) Erling Berge 2007 36 Erling Berge 2007 18

Fields Rules Bureaucracies Organisations / actors Summary Embeddedness Path dependence Erling Berge 2007 37 Concluding Institutions comprise A substantive area of operation A system of legitimate rules A group of enforcers (persons) with legitimate interest in the interpretation and application of the rules A group of actors pursuing their goals within the substantive area constrained by the system of rules An institution is in principle of relevance for all members of the social system Erling Berge 2007 38 Erling Berge 2007 19