Table 3.
Predictions of the Law and Economics and Law and Society Paradigms
Law and Economics | Law and Society | |
---|---|---|
Knowledge of the law |
People have knowledge of the law banning FGC. |
People may be unaware or only vaguely familiar with the legal provision banning FGC. |
Enforceability | The law is seen as legitimate and enforceable. |
People have limited concerns about enforceability because of limited familiarity with the legal provision. |
Dispute Resolution | The formal legal system is employed. |
Local resolution efforts are employed. |
Factors motivating abandonment of FGC |
In weighing the costs and benefits of the practice, the possibility of legal sanctions factors into the equation in a meaningful manner; for some, the potential additional pecuniary costs motivate the decision to abandon FGC. |
Without other factors changing social norms and motivating change in the practice of FGC, laws banning FGC do not motivate abandonment of the practice, and may drive the practice underground or incite reactance. |
FGC, female genital cutting; FGM, female genital mutilation.