Reputation and institutions are complementary, not substitute, enforcement mechanisms.

Evidence

The Law Merchant enforcement system that we have studied restores the equilibrium status of Honest behavior. It succeeds even though there is no state with police power and authority over a wide geographical realm to enforce contracts. Instead, the system works by making the reputation system of enforcement work better. The institutions we have studied provide people with the information they need to recognize those who have cheated, and it provides incentives for those who have been cheated to provide evidence of their injuries. Then, the reputation system itself provides the incentives for honest behavior and for payment by those who are found to have violated the code, and it encourages traders to boycott those who have flouted the system. Neither the reputation mechanism nor the institutions can be effective by themselves. They are complementary parts of a total system that works together to enforce honest behavior. — PAUL R. MILGRO, PAUL R. MILGRO - THE ROLE OF…, 164

Categorization

  • XREF: This complements Milgrom-North-Weingast’s own argument about private judges; also a close structural parallel to the reader’s Godfather analysis — the Don’s arbitration plus reputation substitutes for state enforcement. — connects to: Private legal systems can rival state law when reputation functions as enforcement. — Lisa Bernestein, Opting out of the Legal System, 16; An institution’s viability rests on the aggregate reputation of its members. — Lisa Bernestein, Opting out of the Legal System, 205; Reputation, not third-party enforcement, governs diamond market transactions. — Lisa Bernestein, Opting out of the Legal System, 252 (+6 more)
  • ADDENDUM: Directly supports the Godfather-bonds/credible-commitment thesis: reputation and third-party arbitration as complements, exactly the Don-Corleone-as-private-judge mechanism.
  • DEEPTHINKING: The point that a reputation mechanism alone fails without institutions that supply information and incentives to testify, and institutions alone fail without reputation, is a genuinely deep complementarity result about how social order emerges without a state.

Broader Connections