Women’s rights and development

Why has the expansion of women’s economic and political rights coincided with economic development? This paper investigates this question by focusing on a key economic right for women: property rights. The basic hypothesis is that the process of development (i.e., capital accumulation and declining fertility) exacerbated the tension in men’s conflicting interests as husbands versus fathers, ultimately resolving them in favor of the latter. As husbands, men stood to gain from their privileged position in a patriarchal world whereas, as fathers, they were hurt by a system that afforded few rights to their daughters. The model predicts that declining fertility would hasten reform of women’s property rights whereas legal systems that were initially more favorable to women would delay them. The theoretical relationship between capital and the relative attractiveness of reform is non-monotonic but growth inevitably leads to reform. I explore the empirical validity of the theoretical predictions by using cross-state variation in the US in the timing of married women obtaining property and earning rights between 1850 and 1920.     

The control of reproduction: principle and practice in Nigeria

The author examines the law and practice concerning contraception and abortion in Nigeria in the context of the impact of these factors on women's rights and status. She concludes that both the law and current practices are designed to continue the subordination of married women to their husbands.     

INTELLECTUAL PROPERTY RIGHTS IN A KNOWLEDGE-BASED ECONOMY: A NEW FRAME-OF-ANALYSIS

The debate on software intellectual property rights (IPRs) has not only highlighted fundamental issues regarding the scheme of protection that software enjoys, it has also pointed out major gaps in the representation of computer programs as economic goods. In this respect, various interpretations of software propose a limited outlook by referring only to particular aspects of computer programs.

The paper discusses the economic nature of software and computational processes and how they should be properly represented as commodities by focusing on software IPR legislation in the US. It elaborates the similarities and differences between software applications and machines on the basis of historical evidence from the evolution of information technologies and computer science. Further, we discuss whether computer programs should enjoy IPR protection (like their physical equivalents) and which legal regime would induce the maximal degree of societal benefits, while satisfying private and public interests.

The paper also elaborates the essential issues of the distinction between ideas and expressions and the ways they are treated as intellectual property. It highlights major aspects in the debate over protection of software applications by both patents and copyrights and analyses the economic impact of the joint regime.

By highlighting the dissimilarities in the economic nature and market behaviour of ideas and expressions we point out the difficulties in drawing parallels between software and physical equivalents. Finally, we provide alternative ways to establish coherent juridical basis and legal policy of software IPRs that aim at stimulating innovation and developing the technological landscape in information technologies.     

A spectre is haunting the world – the spectre of global capitalism

Individual property rights are fruitful for economic development because they civilise self-interest by forcing it to serve the common good. The history of previous property rights “cycles,” however, shows that their ability to do this deterioriates over time because the laws of property fall under the control of those whom property is meant to discipline. Irresponsible ownership then intensifies inequality until a breaking point is reached. The present cycle is no exception, but its breaking point has been postponed by the growth of the democratically-inspired welfare state. Globalisation is now eroding the financial basis of this, because mobile capital can escape taxation, leaving labour to carry the burden. The main thrust of this movement is now found in the World Trade Organisation, whose control of intellectual property and commitment to free trade in money as well as goods, can only increase inequality between countries as well as within them. It represents individual property rights which are out of any form of social control, since there is no global mechanism for civilising self-interest. Schumpeter's sense of the impending demise of capitalism, if not of its replacement by socialism, may yet be vindicated.     

The Issue of Efficiency and the Role of State in New Institutional Economics: A Critical Perspective

ABSTRACT

This article scrutinises and criticises the notion of efficiency and the role of state in the emergence and evolution of institutions and property rights within the tradition of new institutional economics. Specifically, the attempt is to criticise the efficiency view of the formation of property rights and institutions. It is shown that the efficiency concept cannot provide a sufficient rationale for explaining the origins of private property. Additionally, some recent developments of North's thought are critically scrutinised, showing that his theoretical apparatus could be conceived as a paradise for the eclectic. Further, the role of the state in different versions of the theory of property rights – with a special reference to North's treatment of the notion of state – is, also, critically examined. Although North’s work has virtues compared to the ‘naïve model’ of property rights by recognising and addressing the role of the state and the issue of power in the formation of property rights and institutions, he does not succeed in fully accounting for the existence of institutional arrangements, due to his adherence to an individualist framework.     

Transgressing rights: La Via Campesina's call for food sovereignty / Exploring collaborations: Heterodox economics and an economic social rights framework / Workers in the informal sector: Special challenges for economic human rights

Abstract

The notion of rights is a powerful one, but the channels through which they have been promoted and enforced since World War II have militated against the more radical promise of rights. These explorations examine the question of economic rights with an international focus. The contributions touch on such diverse topics as the international peasant federation called La Vía Campesina, heterodox and social economic analyses, and the informal sector. The authors address the question of human rights with respect to the conditions that delimit and enforce these rights, the connections between macroeconomics and human rights, social movements that strive to protect these rights, and the different theoretical approaches to incorporating rights into an academic framework. Though each contribution's methodology and focus are different, the composite takes an important step in evaluating this very critical question of economic rights that greatly affects individual lives, social conditions, economic policies, and the study of economics.     

Marketising the commons in Africa: the case of Ghana

The recent surge in the marketisation of the commons in Africa – especially of water bodies – warrants careful political economic analysis. Three questions remain intractable: (1) Were there markets in the beginning? If so, how have they transformed and if not, how did markets arise and transform over the years? (2) what are the outcomes of such markets for people, their livelihoods, and their environment? And (3) how to interpret the outcomes of water markets and whether water should be commodified at all. For new institutional economists, water markets have arisen because of the inferior nature of Indigenous or customary systems which are incapable of offering precisely what water markets offer Africa: economic and ecological fortunes. Using an institutional political economy approach and drawing on experiences in Ghana, the paper investigates the social history of marketisation of the commons and probes the effects of marketisation in terms of absolute, relative, and differential/congruent outcomes as well as the opportunity cost of the current water property rights regime. The empirical evidence shows that markets have been socially created through imposed and directed policies. Some jobs have been created through investment, but such employment is not unique to marketisation and private investment. Indeed, the private model of property rights has worsened the distribution of water resources not only within different property relations in Africa but also between diverse property relations. Water markets have been responsible for much displacement and trouble not only for communities but also nature. Overall, there is no necessary congruence between the promises made by new institutional economists and how communities experience water markets. Tighter regulations for the use of inland and transboundary water sources might temporarily halt the displacement of communities sparked by marketisation of the commons, but only one fundamental change can guarantee community well-being: to regard the access to and community control of water as constitutionally sanctioned human rights and as res communis.     

Endogenous gender power,household labor supply and the demographic transition

We present a microeconomic model of the household in which there exists no difference in spousal preferences but childrearing is more time costly for women. Bargaining between the wife and the husband forms the basis of household decisions. Marital bargaining power is determined according to the incomes of the spouses, which in turn help to determine their reservation utility levels outside the marriage. The endogeneity of bargaining power introduces a non-cooperative element to the couples' decision-making problem because both the husbands and the wives take into account how their pre-marital education decisions affect their marital power and the share they extract from household resources in the future. The model predicts that wives invest more than is Pareto efficient in their education in order to increase their bargaining power in marriage. As a consequence, couples have fewer children and consume more when exogenous structural changes lead women to invest more in education. A corollary of the model is that empowering women directly through social reforms such as a lower gender wage gap leads to lower fertility and higher spousal consumption and leisure.     

ECONOMIC RELATIONS BETWEEN WOMEN AND THEIR PARTNERS: AN EAST AND WEST GERMAN COMPARISON AFTER REUNIFICATION

abstract

This article compares women's and men's economic relations in East and West Germany following the 1990 reunification to exemplify the impact of varying opportunity structures on women's relative contribution to family income. West Germany's takeover set in motion a rapid transformation of East German institutions and employment structures. The analysis shows that women in West Germany became less dependent on their partners in the 1990s, largely because fewer women were housewives without earnings. In contrast, the contributions of women to the family economy in East Germany fell between 1990 and 1996. Afterwards, women in East Germany regained some of their economic power because of their partners' increasing difficulties sustaining employment. A multivariate analysis showed that the fact that women in West Germany were more likely to work less or not at all – especially if they were married or had children – accounted for much of the difference.     

Engines of Growth in China: The Limits of Informal Institutions

Abstract:

Since the 1978 reforms, China has experienced rapid economic and social development. GDP growth has been in the double digits on average yearly, creating the fastest sustained economic growth recorded by a major economy in history. Not only did this transform the economy and society at large, China reached important milestones in terms of reducing poverty and creating prosperity in a short period of time. This article uses the conceptual framework of new institutional economics to examine China’s economic growth and how growth has been achieved largely by ‘informal institutions’ that are grounded in culture, customs, and private interactions that emerge spontaneously. The trajectory by which these informal institutions left their imprint on China’s complex economic landscape and how they can constrain future economic growth are also of central importance. After examining decentralization and risk management practices, property rights, and the legal system, we emphasize the importance of creating formal institutions necessary for long-term growth, most importantly innovation. Preliminary evidence shows total factor productivity is tapering off which may reflect the constraints of China’s institutional environment. This ought to be reversed if China is to enjoy long-term sustained growth.     

A Critique of Economic Theory

Abstract:

Faced with home foreclosures, a stagnant economy, and weakly-effective federal programs of relief, Richmond, California, considered using eminent domain to acquire mortgages, modify loans to be more affordable, and thus prevent further erosion of the tax base. Strong objections have been lodged against such alteration of property rights, except through bankruptcy and foreclosure processes. The Richmond proposal is considered in the historical context of changes in the use of eminent domain as described by John R. Commons. Just as economic change forced U.S. courts to change the working definitions of property in the late nineteenth century, current contradictions in the way in which we think of households, and the systemic consequences of their management of debt, may produce changes in law and should alter the way in which economists analyze aggregate consumer spending and borrowing.     

DETERMINANTS OF WOMEN'S MICROENTERPRISE SUCCESS IN AHMEDABAD,INDIA: EMPOWERMENT AND ECONOMICS

Abstract

Microenterprise success is often evaluated solely in terms of economic outcomes. These evaluations do not recognize how opportunities for success may differ across groups and contexts, and disregard the importance of power and control as factors in success. This article investigates the determinants of a two-dimensional concept of microenterprise success for women in Ahmedabad, India, by analyzing data from a 1998 study of home-based garment producers. Growing economic success for these garment producers decreased empowerment outcomes, which suggests that evaluating both economic and empowerment outcomes and their interactions is important to understanding the process of achieving success. Improving the economic outcomes of women's enterprises via better training and access to markets, credit, and capital equipment does not necessarily facilitate women's empowerment. Microenterprise scholars and practitioners must focus on improving women's status within their homes, so they may contribute to and benefit from the decisions made about how to use their resources.     

Women,Real Estate,and Wealth in a Southern US County, 1780–1860

Abstract

In her 1986 book Women and the Law of Property in Early America, Marylynn Salmon concludes that the legal and economic changes experienced by early national and antebellum (pre–Civil War) United States women – which culminated in the passage of married women's property acts – were evolutionary rather than revolutionary. This paper examines changes in the economic status of women preceding the enactment of these statutes by analyzing new and valuable information: real-estate deeds and probate records in Henrico County, Virginia. Supplementing the diverse, yet limited, international and historical evidence on women's wealth holdings, this exploration of the asset accumulation of elite, free women in the southern US reveals that women's property holdings, personal and real, rose substantially over the 1780–1860 period. Thus, these results are consistent with those of other scholars, such as Marylynn Salmon, who document an increase in early national and antebellum women's economic status.     

From socialism in the 1900s to socialism in the 2000s: the rise of liberal socialism

In the twentieth century, Europe and North America were at the epicentre of the century-long conflict between capitalism and socialism; more specifically, between the rule of law and the rule through law. By the early 1990s, socialism in the Soviet Union and Eastern Europe decayed from within leaving in its wake economic misery and intellectual emptiness. Yet, socialism is raising its head once again. This new variant of socialism, which I call ‘liberal socialism’, has one critical difference that sets it apart from its predecessors. Unlike all three types of socialism in the last century – Fascism, National Socialism and Communism – liberal socialism is not imposed from the top down; it is emerging from the bottom up. The incentive effects of increasing redistributional governmental programmes map a road to liberal socialism by influencing the median voter and weakening private property rights. However, election results in many European countries, and at state and local levels in the United States, suggest that the median voter has not moved to the left. At the same time, economic analysis and empirical evidence have established the economic efficiency of credible and stable private property rights relative to all other property rights arrangements. Thus, liberal socialism is a real threat to the rule of law but its success is far from certain.     

农地分配中的性别平等问题

本文借助于 1 996年对山西农村抽样调查数据的统计分析 ,论证我国农村土地分配中的性别平等虽然在法律上和经济制度上得到保障 ,但是这些制度在细节上的漏洞 ,使离婚妇女缺少地权保障 ,错过村社土地调整机会的婚嫁迁移妇女及其子女暂时无地。这种现象虽然还没有对妇女在家庭内部的谈判地位产生显著影响 ,却足以使她们的家庭陷入贫困。因此 ,有必要在现行土地管理法和政府有关农地承包的规定中添加性别视角。     

Private takings

This paper examines the implications associated with a recent Supreme Court ruling, Kelo v. City of New London (2005). Kelo can be interpreted as supporting eminent domain as a means of transferring property rights from one set of private agents—landowners—to another private agent—a developer. Under voluntary exchange, where the developer sequentially acquires property rights from landowners via bargaining, a holdout problem arises. Eminent domain gives all of the bargaining power to the developer and, as a result, eliminates the holdout problem. This is the benefit of Kelo. However, landowners lose all their bargaining power and, as a result, their property investments become more inefficient. This is the cost of Kelo. A policy of eminent domain increases social welfare compared to voluntary sequential exchange only when the holdout problem is severe, and this occurs only if the developer has very little bargaining power. We propose an alternative government policy that eliminates the holdout problem but does not affect the bargaining power of the various parties. This alternative policy strictly dominates a policy of eminent domain, which implies that eminent domain is an inefficient way to transfer property rights between private agents.     

Gender and graduate economics education in the US

Abstract

This paper reports on the findings of a survey of top economics graduate schools as they relate to women and men. The results provide strong evidence that at these top graduate schools, women graduate students are less integrated in their economic disciplines than are male graduate students. In the second part of the paper, this paper relates those findings to alternative theories as to why this is the case. This paper concludes by suggesting that the emphasis on theoretical studies in the current core of the graduate economics program can be seen as a type of hazing process that seems to have a significant cost since many women (and men) with great creative promise are discouraged from continuing in economics and do not benefit nearly as much as they would have from more policy-driven core courses.     

Intellectual property rights as development determinants

Abstract While intellectual property rights (IPRs) are the key drivers of economic performance in R&D based growth models, they have not been fully explored in empirical development studies. We introduce IPRs to this literature, using Two‐Stage Least Squares Bayesian Model Averaging to address endogeneity and model uncertainty at the instrument and income stages. We show that IPRs exert effects similar to ‘Rule of Law’ and therefore provide robust evidence that both physical and intellectual property rights are crucial development determinants. We document that unenforced IPRs exert no effect on development. Instead, it is the level of enforced IPRs that causes development.     

The Theory of Differential Overqualification: Does it Work?

The theory of differential overqualification, developed by Robert Frank (1978),claims that married women in smaller labour markets have a higher risk of workingin jobs for which they are overqualified. This stems from the problem of dual jobsearch for couples which is much more difficult to optimize than single job search.Here, for several reasons husbands tend to first optimize their individual job search.Their wives are `tied movers' or `tied stayers' in the sense that their job search isundertaken under the condition that the job search of their husbands is optimized.This leads especially in smaller labour markets to a higher risk of a mismatchbetween formal qualifications and job requirements. The only specific empiricaltest of this theory, until now, has been performed by McGoldrick and Robst (1996) . Their results, using US data, do not support the theory. Using Germanpanel data (GSOEP), we also test the theory of differential overqualification.Unlike previous studies we control for commuting distances and our own resultsprovide some mixed support for the differential overqualification hypothesis.     

Spousal Wealth and Fathers’ Involvement in Childcare in Uganda

ABSTRACT

The redistribution of household work is considered essential for effectively empowering women. This study examines the extent to which fathers’ evaluation of their wealth in relation to their wives’ influences fathers’ willingness to participate in childcare, a domain traditionally gender ascribed to wives. Data were gathered from a mothers’ survey and a fathers’ survey, each with a sample of 200, conducted in a rural and an urban district in Uganda in 2008. The study compares mean scores for perception and practice indices across three wealth categories: “wife is wealthier than husband,” “husband is wealthier than wife,” and “shared or equal wealth.” Data show that fathers are more likely to engage in childcare when husbands and wives share or have equal wealth than when there are wealth differences between spouses. The results suggest that policy should focus on raising women's economic endowment as well as public education that encourages progressive perceptions of gender roles.