Peter Leeson

David Friedman

David Skarbek

This book looks at thirteen different legal systems, ranging from Imperial China to modern Amish: how they worked, what problems they faced, how they dealt with them. Some chapters deal with a single legal system, others with topics relevant to several, such as problems with law based on divine revelation or how systems work in which law enforcement is private and decentralized. The book's underlying assumption is that all human societies face the same problems, deal with them in an interesting variety of different ways, are all the work of grown-ups, hence should all be taken seriously. It ends with a chapter on features of past legal systems that a modern system might want to borrow.

Legal Systems Very Different from Ours

This book challenges the widely held view that inmates create prison gangs to promote racism and violence. On the contrary, gangs form to create order. Most people assume that violent inmates left to themselves will descend into a chaotic anarchy, but that's not necessarily the case. This book studies the hidden order of the prison underworld to understand how order arises among outlaws. It uses economics to explore the secret world of the convict culture, inmate hierarchy, and prison gang politics. Inmates engaged in illegal activity cannot rely entirely on state-based governance institutions, such as courts of law and the police, to create order. Correctional officers will not resolve a dispute over a heroin deal gone wrong or help kill a predatory rapist. Yet, the inmate social system is relatively orderly and underground markets flourish. In today's prisons, gangs play a pivotal role in protecting inmates and facilitating illicit commerce. They have sophisticated internal structures and often rely on elaborate written constitutions. To maintain social order, gangs adjudicate conflicts and orchestrate strategic acts of violence to negotiate the competing demands of inmates, gang members, and correctional officers. This book uses economics to explain why prison gangs form, how formal institutions affect them, and why they have a powerful influence even over crime beyond prison walls. Economics explains the seemingly irrational, truly astonishing, and often tragic world of life among the society of captives.

How Prison Gangs Govern the American Penal System

The Social Order of the Underworld

Descriptions of a variety of different legal systems, past and present.

Many people think prisons are all the same-rows of cells filled with violent men who officials rule with an iron fist. Yet, life behind bars varies in incredible ways. In some facilities, prison officials govern with care and attention to prisoners' needs. In others, officials have remarkably little influence on the everyday life of prisoners, sometimes not even providing necessities like food and clean water. Why does prison social order around the world look so remarkably different? In The Puzzle of Prison Order, David Skarbek develops a theory of why prisons and prison life vary so much. He finds that how they're governed-sometimes by the state, and sometimes by the prisoners-matters the most. He investigates life in a wide array of prisons-in Brazil, Bolivia, Norway, a prisoner of war camp, England and Wales, women's prisons in California, and a gay and transgender housing unit in the Los Angeles County Jail-to understand the hierarchy of life on the inside. Drawing on economics and a vast empirical literature on legal systems, Skarbek offers a framework to not only understand why life on the inside varies in such fascinating and novel ways, but also how social order evolves and takes root behind bars.

David Skarbek

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