
Capacity beyond Coercion
Regulatory Pragmatism and Compliance along the India-Nepal Border
Susan L. Ostermann(Author)
Oxford University Press Inc
Published on 22. December 2022
Book
Hardback
248 pages
978-0-19-766111-6 (ISBN)
Description
State capacity is often equated with coercion. However, history has shown that it is extremely difficult for states with weak capacity to ensure compliance with their laws.
In Capacity beyond Coercion, Susan L. Ostermann examines the largely unexplored capacities that allow coercively weak states to promote law-following behavior. Utilizing extensive data collected in adjacent districts in India and Nepal, she demonstrates how coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation strategies around known barriers to compliance. In particular, she examines variation in compliance with conservation, education, and child labor regulations, investigating the mechanisms by which the Indian and Nepali states have, despite limited enforcement capacity, secured compliance with regulations that run counter to customary norms and to the self-interest of target populations. She argues that one such barrier is imperfect legal knowledge and shows how states that have engaged in what she terms "regulatory pragmatism" may circumvent this compliance barrier. They do so by designing implementation strategies for on-the-ground realities. Exploring two such efforts--delegated enforcement and information dissemination through local leaders, Ostermann demonstrates that states that suffer from limited coercive capacity but behave pragmatically can still bring about large-scale compliance.
Given that many states have weak enforcement capacity, the findings in Capacity beyond Coercion point a way forward for more effective and responsive governance throughout the developing world.
In Capacity beyond Coercion, Susan L. Ostermann examines the largely unexplored capacities that allow coercively weak states to promote law-following behavior. Utilizing extensive data collected in adjacent districts in India and Nepal, she demonstrates how coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation strategies around known barriers to compliance. In particular, she examines variation in compliance with conservation, education, and child labor regulations, investigating the mechanisms by which the Indian and Nepali states have, despite limited enforcement capacity, secured compliance with regulations that run counter to customary norms and to the self-interest of target populations. She argues that one such barrier is imperfect legal knowledge and shows how states that have engaged in what she terms "regulatory pragmatism" may circumvent this compliance barrier. They do so by designing implementation strategies for on-the-ground realities. Exploring two such efforts--delegated enforcement and information dissemination through local leaders, Ostermann demonstrates that states that suffer from limited coercive capacity but behave pragmatically can still bring about large-scale compliance.
Given that many states have weak enforcement capacity, the findings in Capacity beyond Coercion point a way forward for more effective and responsive governance throughout the developing world.
Reviews / Votes
Capacity beyond Coercion is essential reading for anyone interested in promoting effective conservation-or achieving any other critical regulatory policy-in developing nations. The world must protect its remaining forests, wetlands, and other sensitive ecosystems to counter climate change, preserve imperiled species, and stabilize declining environmental services. Yet high poverty levels in developing regions frequently push against conservation compliance, while countries often lack strong enforcement systems. Ostermann shows that nations need not increase coercion to boost compliance. As he demonstrates through a creative and convincing case study of bans on wood gathering in national forests at the border of Indian and Nepal, governments also can increase compliance by increasing legal understanding, reducing compliance costs, and delegating enforcement. * Barton H. "Buzz" Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law, Stanford Law School *More details
Series
Language
English
Place of publication
New York
United States
Target group
College/higher education
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 238 mm
Width: 163 mm
Thickness: 21 mm
Weight
499 gr
ISBN-13
978-0-19-766111-6 (9780197661116)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

Susan L. Ostermann
Capacity beyond Coercion
Regulatory Pragmatism and Compliance along the India-Nepal Border
E-Book
10/2022
OUP eBook
€43.49
Available for download

Susan L. Ostermann
Capacity beyond Coercion
Regulatory Pragmatism and Compliance along the India-Nepal Border
E-Book
10/2022
OUP eBook
€43.49
Available for download
Person
Susan L. Ostermann is Assistant Professor of Global Affairs & Political Science in the Keough School of Global Affairs at the University of Notre Dame. She completed her PhD in the Travers Department of Political Science at the University of California, Berkeley. She also holds a law degree from Stanford Law School and worked for several years as a practicing litigator at O'Melveny & Myers LLP, focusing on class actions and intellectual property disputes. While Professor Ostermann's research focuses mainly on regulatory compliance in South Asia, she is broadly interested in understanding laws and norms and how they change and interact. Towards this end, she has published papers on inter-caste marriage and the role of skin color in Indian politics. She has also published work on compliance with anti-FGM/C law in Burkina Faso, Mali and Kenya, on the historical roots of conservatism in Indian political thought, the development and expansion of the Indian Election Commission, variation in
sex-ratios throughout the subcontinent, the Indian bureaucracy, state capacity in South Asia, and the 2014 Indian general election. Ostermann's work has been published in Law & Society Review; Governance; Asian Survey; Studies in Comparative International Development; the Journal of Race, Ethnicity and Politics; Studies in Indian Politics; and Law & Policy.
sex-ratios throughout the subcontinent, the Indian bureaucracy, state capacity in South Asia, and the 2014 Indian general election. Ostermann's work has been published in Law & Society Review; Governance; Asian Survey; Studies in Comparative International Development; the Journal of Race, Ethnicity and Politics; Studies in Indian Politics; and Law & Policy.
Author
Assistant Professor of Global Affairs & Political ScienceAssistant Professor of Global Affairs & Political Science, University of Notre Dame
Content
Acknowledgments
Chapter 1: Introduction Chapter 2: From James to Regulatory Pragmatism
Chapter 3: Examining Regulatory Pragmatism along the India-Nepal Border
Chapter 4: Compliance in the Absence of Significant Coercive Capacity
Chapter 5: Inconsistent State Action, Inaccurate Legal Knowledge & Non-Compliance
Chapter 6: Accurate Legal Knowledge under Adverse Conditions
Chapter 7: Regulatory Pragmatism Outside of the Forest
Chapter 8: Conclusion
Appendix 1
Appendix 2
Appendix 3
References
Index
Chapter 1: Introduction Chapter 2: From James to Regulatory Pragmatism
Chapter 3: Examining Regulatory Pragmatism along the India-Nepal Border
Chapter 4: Compliance in the Absence of Significant Coercive Capacity
Chapter 5: Inconsistent State Action, Inaccurate Legal Knowledge & Non-Compliance
Chapter 6: Accurate Legal Knowledge under Adverse Conditions
Chapter 7: Regulatory Pragmatism Outside of the Forest
Chapter 8: Conclusion
Appendix 1
Appendix 2
Appendix 3
References
Index