Dark Side of Private Ordering: An Institutional and Empirical Analysis of Organized Crime, The

CJ Milhaupt, MD West - U. Chi. L. Rev., 2000 - HeinOnline
CJ Milhaupt, MD West
U. Chi. L. Rev., 2000HeinOnline
This Article provides theoretical and empirical support for the claim that organized crime
competes with the state to provide property rights enforcement and protection services.
Drawing on extensive data from Japan, this Article shows that like firms in regulated
environments every-where, the structure and activities of organized criminal firms are
significantly shaped by state-supplied institutions Careful observation reveals that in Japan,
the activities of organized criminal firms closely track inefficiencies in formal legal structures …
This Article provides theoretical and empirical support for the claim that organized crime competes with the state to provide property rights enforcement and protection services. Drawing on extensive data from Japan, this Article shows that like firms in regulated environments every-where, the structure and activities of organized criminal firms are significantly shaped by state-supplied institutions Careful observation reveals that in Japan, the activities of organized criminal firms closely track inefficiencies in formal legal structures, including both inefficient substantive laws and a state-induced shortage of legal professionals and other rights-enforcement agents.
HeinOnline
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