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102-665: The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory . It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is around the middle of the Australian court hierarchy . Shortly after the first settlement at Palmerston, Port Darwin in 1869–70, pressure

204-485: A courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on

306-518: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or

408-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over

510-437: A Darwinian evolution of institutions over time. Public choice theory , another branch of economics with a close relationship to political science, considers how government policy choices are made, and seeks to determine what the policy outputs are likely to be, given a particular political decision-making process and context. Credibility thesis purports that institutions emerge from intentional institution-building but never in

612-434: A bargain. Artificial implementation of institutional change has been tested in political development but can have unintended consequences. North, Wallis, and Weingast divide societies into different social orders: open access orders, which about a dozen developed countries fall into today, and limited access orders, which accounts for the rest of the countries. Open access orders and limited access orders differ fundamentally in

714-488: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs

816-408: A cluster of institutions; the two are distinct in the sense that organizations contain internal institutions (that govern interactions between the members of the organizations). An informal institution tends to have socially shared rules, which are unwritten and yet are often known by all inhabitants of a certain country, as such they are often referred to as being an inherent part of the culture of

918-426: A country's constitution; or that they may evolve over time as societies evolve. In the case of institutional evolution, it is harder to see them since societal changes happen in a slow manner, despite the perception that institutional change is rapid. Furthermore, institutions change incrementally because of how embedded they are in society. North argues that the nature of these changes is complicated process because of

1020-407: A country. Legitimacy allows for there to be an incentive to comply with institutional rules and conditions, leading to a more effective institution. With political power, its centralization within a small group of individual leaders makes it easier and more effective to create rules and run an institution smoothly. However, it can be abused by individual leaders which is something that can contribute to

1122-400: A court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as

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1224-403: A custom might call for each party to keep to their own right (or left—such a choice is arbitrary, it is only necessary that the choice be uniform and consistent). Such customs may be supposed to be the origin of rules, such as the rule, adopted in many countries, which requires driving automobiles on the right side of the road. Secondly, how do institutions affect behaviour? In this perspective,

1326-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to

1428-406: A given country. Informal practices are often referred to as "cultural", for example clientelism or corruption is sometimes stated as a part of the political culture in a certain place, but an informal institution itself is not cultural, it may be shaped by culture or behaviour of a given political landscape, but they should be looked at in the same way as formal institutions to understand their role in

1530-404: A given country. The relationship between formal and informal institutions is often closely aligned and informal institutions step in to prop up inefficient institutions. However, because they do not have a centre, which directs and coordinates their actions, changing informal institutions is a slow and lengthy process. According to Geoffrey M. Hodgson , it is misleading to say that an institution

1632-411: A mental institution. To this extent, "institutionalization" may carry negative connotations regarding the treatment of, and damage caused to, vulnerable human beings by the oppressive or corrupt application of inflexible systems of social, medical, or legal controls by publicly owned, private or not-for-profit organizations. The term "institutionalization" may also be used in a political sense to apply to

1734-623: A new Supreme Court complex was built, Indigenous artist Norah Nelson Napaljarri was chosen to design a mosaic for its forecourt. The design concept of the Supreme Court, as requested by the client the Northern Territory Government, was to reflect the elements of the " Greek Revival " Hong Kong Shanghai Bank constructed in Hong Kong in the 1800s viz: the colonnade around the building, the mansard roof and

1836-540: A particular institutional arrangement. Other approaches see institutional development as the result of evolutionary or learning processes. For instance, Pavlović explores the way compliance and socio-economic conditions in a consolidated democratic state are important in the emergence of institutions and the compliance power they have for the rules imposed. In his work, he explains the difference between wealthy societies and non-wealthy societies; wealthy societies on one hand often have institutions that have been functioning for

1938-465: A particular time, culture and society, produced by collective human choice, though not directly by individual intention. Sociology traditionally analyzed social institutions in terms of interlocking social roles and expectations. Social institutions created and were composed of groups of roles, or expected behaviors. The social function of the institution was executed by the fulfillment of roles. Basic biological requirements, for reproduction and care of

2040-446: A phenomenon called path dependence, which states that institutional patterns are persistent and endure over time. These paths are determined at critical junctures, analogous to a fork in the road, whose outcome leads to a narrowing of possible future outcomes. Once a choice is made during a critical juncture, it becomes progressively difficult to return to the initial point where the choice was made. James Mahoney studies path dependence in

2142-468: A society make also have lot to do in the survival and eventual evolution of an institution: they foster groups who want to maintain the set of rules of the game (as described by North), keeping a status quo impeding institutional change. People's interests play an important role in determining the direction of institutional change and emergence. Some scholars argue that institutions can emerge spontaneously without intent as individuals and groups converge on

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2244-584: A superficial form of Western government but with malfunctioning institutions. In a 2020 study, Johannes Gerschewski created a two-by-two typology of institutional change depending on the sources of change (exogenous or endogenous) and the time horizon of change (short or long). In another 2020 study, Erik Voeten created a two-by-two typology of institutional design depending on whether actors have full agency or are bound by structures, and whether institutional designs reflect historical processes or are optimal equilibriums. Institutions and economic development In

2346-441: A system of human-made, nonphysical elements – norms, beliefs, organizations, and rules – exogenous to each individual whose behavior it influences that generates behavioral regularities." Additionally, they specify that organizations "are institutional elements that influence the set of beliefs and norms that can be self-enforcing in the transaction under consideration. Rules are behavioral instructions that facilitate individuals with

2448-530: A system of rules that are complied with in practice and has a high risk of punishment. It is essential because it will create a slippery slope effect on most laws and transform the nature of once-effective institutions. Many may identify the creation of these formal institutions as a fitting way for agents to establish legitimacy in an international or domestic domain, a phenomenon identified by DiMaggio and Powell and Meyer and Rowan as "isomorphism" and that Levitsky and Murillo liken to window dressing. They describe

2550-549: A technology, institutions (in the form of law, policy, social regulations, or otherwise) can become locked into a society, which in turn can shape social or economic development. Arthur notes that although institutional lock-in can be predictable, it is often difficult to change once it is locked-in because of its deep roots in social and economic frameworks. Randall Calvert defines institution as "an equilibrium of behavior in an underlying game." This means that "it must be rational for nearly every individual to almost always adhere to

2652-462: A weak institution, actors cannot depend on one another to act according to the rules, which creates barriers to collective action and collaboration. Other social scientists have examined the concept of institutional lock-in. In an article entitled "Clio and the Economics of QWERTY" (1985), economist Paul A. David describes technological lock-in as the process by which a specific technology dominates

2754-643: A while, but also have a stable economy and economic development that has a direct effect in the society's democratic stability. He presents us with three scenarios in which institutions may thrive in poor societies with no democratic background. First, if electoral institutions guarantee multiple elections that are widely accepted; second, if military power is in evenly equilibrium; and third, if this institutions allow for different actors to come to power. Other scholars see institutions as being formed through social contracts or rational purposeful designs. Origin of institutional theory John Meyer and Brian Rowan were

2856-529: Is de facto (informal) institutions as opposed to de jure (formal) institutions in observing cross-country differences. For instance, Lars Feld and Stefan Voigt found that real GDP growth per capita is positively correlated with de facto , not de juri , institutions that are judicially independent. Scholars have also focused on the interaction between formal and informal institutions as well as how informal institutions may create incentives to comply with otherwise weak formal institutions. This departure from

2958-449: Is a form of behavior. Instead, Hodgson states that institutions are "integrated systems of rules that structure social interactions." Examples of institutions include: In an extended context: While institutions tend to appear to people in society as part of the natural, unchanging landscape of their lives, the study of institutions by the social sciences tends to reveal the nature of institutions as social constructions , artifacts of

3060-495: Is a level of persistence and continuity. Laws, rules, social conventions and norms are all examples of institutions. Institutions vary in their level of formality and informality. Institutions are a principal object of study in social sciences such as political science , anthropology , economics , and sociology (the latter described by Émile Durkheim as the "science of institutions, their genesis and their functioning"). Primary or meta-institutions are institutions such as

3162-970: Is a utilitarian argument that assumes institutions will evolve to maximize overall welfare for economic efficiency. Contrastingly, in Variation in Institutional Strength , Levitksy and Murillo acknowledge that some formal institutions are "born weak," and attribute this to the actors creating them. They argue that the strength of institutions relies on the enforcement of laws and stability, which many actors are either uninterested in or incapable of supporting. Similarly, Brian Arthur refers to these factors as properties of non-predictability and potential inefficiency in matters where increasing returns occur naturally in economics. According to Mansfield and Snyder, many transitional democracies lack state institutions that are strong and coherent enough to regulate mass political competition. According to Huntington,

Supreme Court of the Northern Territory - Misplaced Pages Continue

3264-582: Is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . The practical authority given to the court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of

3366-432: Is important to understand what drives institutional change. Acemoglu, Johnson and Robinson assert that institutional change is endogenous. They posit a framework for institutional change that is rooted in the distribution of resources across society and preexisting political institutions. These two factors determine de jure and de facto political power, respectively, which in turn defines this period's economic institutions and

3468-530: Is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on

3570-547: Is provided by Jack Knight who defines institutions as entailing "a set of rules that structure social interactions in particular ways" and that "knowledge of these rules must be shared by the members of the relevant community or society." Definitions by Knight and Randall Calvert exclude purely private idiosyncrasies and conventions. Douglass North argues that institutions are "humanly devised constraints that shape interaction". According to North, they are critical determinants of economic performance, having profound effects on

3672-443: Is the mimetic process where organizations adopt other organizations' practices to resolve internal uncertainty about their own actions or strategy. Lastly, it is the normative pressure where organizations adopt changes related to the professional environment like corporate changes or cultural changes in order to be consistent. In order to understand why some institutions persist and other institutions only appear in certain contexts, it

3774-492: The Commonwealth . The first judge of the court was Samuel James Mitchell . The only person to hold the office of Chief Judge, which was created in 1975, was Sir William Forster who held the position from 1977-1979. The position title was changed to Chief Justice in 1979, and Forster was the first Chief Justice from 1979-1985. There have been six chief justices since 1979. There are currently six resident judges (including

3876-655: The Cournot duopoly model is based on an institution involving an auctioneer who sells all goods at the market-clearing price. While it is always possible to analyze behaviour with the institutions-as-equilibria approach instead, it is much more complicated. In political science , the effect of institutions on behavior has also been considered from a meme perspective, like game theory borrowed from biology. A "memetic institutionalism" has been proposed, suggesting that institutions provide selection environments for political action, whereby differentiated retention arises and thereby

3978-605: The family or money that are broad enough to encompass sets of related institutions. Institutions are also a central concern for law , the formal mechanism for political rule-making and enforcement. Historians study and document the founding, growth, decay and development of institutions as part of political, economic and cultural history. There are a variety of definitions of the term institution . These definitions entail varying levels of formality and organizational complexity. The most expansive definitions may include informal but regularized practices, such as handshakes, whereas

4080-692: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of

4182-525: The portico entrance as well as giving reference to its tropical location and its colonial past. The collaborating architects were Peter Doig, Ron Findlay and Roger Linklater: the interior was designed by Susie Cole. The architectural style is best described as Neo-colonial. The Supreme Court occasionally sits in other locations in the Northern Territory, including Katherine , Tennant Creek and Nhulunbuy . The Supreme Court has also on occasion sat at remote aboriginal communities. The Supreme Court includes

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4284-472: The "lock-in" phenomenon in which adds a lot of value to a piece of technology that is used by many people. It is important for policymakers and people of higher levels within an institution to consider when looking at products that have a long term impact on markets and economic developments and stability. For example, recently the EU has banned TikTok from official devices across all three government institutions. This

4386-473: The Central American countries. Though institutions are persistent, North states that paths can change course when external forces weaken the power of an existing organization. This allows other entrepreneurs to affect change in the institutional framework. This change can also occur as a result of gridlock between political actors produced by a lack of mediating institutions and an inability to reach

4488-633: The Chief Justice) and two additional judges and two acting judges, making a total of ten Supreme Court justices. In 1927, when the Northern Australia 1926 Act (Cth) came into force, the Northern Territory was divided into two territories; North Australia and Central Australia . The Supreme Court was not abolished, but continued to exist as the Supreme Court of North Australia and the Supreme Court of Central Australia . After

4590-615: The Court of Appeal, Court of Criminal Appeal, Civil and Criminal Trials and Appeals from the Northern Territory Magistrates Court . Judgments from Supreme Court trials are available to the public, as are the sentencing remarks, unless a suppression order has been taken preventing these being released (for example, involving juveniles, public figures or in some controversial matters). As at November 2019 (appointment date in brackets): Court A court

4692-607: The Japanese people and government. Under this analysis, says Ian Lustick, Japan was stuck on a "local maxima", which it arrived at through gradual increases in its fitness level, set by the economic landscape of the 1970s and 80s. Without an accompanying change in institutional flexibility, Japan was unable to adapt to changing conditions, and even though experts may have known which changes the country needed, they would have been virtually powerless to enact those changes without instituting unpopular policies that would have been harmful in

4794-495: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply

4896-444: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply

4998-723: The Northern Territory Act was repealed in 1931, the Northern Territory was reconstituted as a single Territory of the Commonwealth. The Supreme Court of Central Australia was abolished and the Supreme Court of North Australia continued as the Supreme Court of the Northern Territory. In 1935 the Court began its first sittings on circuit in Alice Springs , a practice which still continues today. Circuit sittings in Katherine were also introduced in 1996. When

5100-400: The ability to cause change over a long period of time. For example, Levitsky and Murillo stress the importance of institutional strength in their article "Variation in Institutional Strength." They suggest that in order for an institution to maintain strength and resistance there must be legitimacy within the different political regimes, variation in political power, and political autonomy within

5202-440: The amount of freedom of a society, or the quality of life of the individuals within. The term "institutionalization" is widely used in social theory to refer to the process of embedding something (for example a concept, a social role, a particular value or mode of behavior) within an organization, social system, or society as a whole. The term may also be used to refer to committing a particular individual to an institution, such as

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5304-686: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as

5406-443: The behavior prescriptions of the institution, given that nearly all other individuals are doing so." Robert Keohane defined institutions as "persistent and connected sets of rules (formal or informal) that prescribe behavioral roles, constrain activity, and shape expectations." Samuel P. Huntington defined institutions as "stable, valued, recurring patterns of behavior." Avner Greif and David Laitin define institutions "as

5508-421: The benefits they can derive from the change. North describes the institutional change as a process that is extremely incremental, and that works through both formal and informal institutions. North also proposes that institutional change, inefficiencies, and economic stagnation can be attributed to the differences between institutions and organizations. This is because organizations are created to take advantage of

5610-447: The central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur

5712-430: The changes in rules, informal constraints, and the effectiveness of enforcement of these institutions. Levitsky and Murillo explore the way institutions are created. When it comes to institutional design, the timeframe in which these institutions are created by different actors may affect the stability the institution will have on society, because in these cases the actors may have more (or less) time to fully calculate

5814-420: The cognitive task of choosing behavior by defining the situation and coordinating behavior." All definitions of institutions generally entail that there is a level of persistence and continuity. Laws, rules, social conventions and norms are all examples of institutions. Organizations and institutions can be synonymous, but Jack Knight writes that organizations are a narrow version of institutions or represent

5916-404: The concept of a fitness landscape and local maxima only makes sense if one institution can be said to be "better" than another, and this in turn only makes sense insofar as there exists some objective measure of an institution's quality. This may be relatively simple in evaluating the economic prosperity of a society, for example, but it is difficult to see how objectively a measure can be applied to

6018-502: The context of institutions and how they are formed, North suggests that institutions ultimately work to provide social structure in society and to incentivize individuals who abide by this structure. North explains that there is in fact a difference between institutions and organizations and that organizations are "groups of people bound by some common purpose to achieve objectives." Additionally, because institutions serve as an umbrella for smaller groups such as organizations, North discusses

6120-495: The context of national regime change in Central America and finds that liberal policy choices of Central American leaders in the 19th century was the critical juncture that led to the divergent levels of development that we see in these countries today. The policy choices that leaders made in the context of liberal reform policy led to a variety of self-reinforcing institutions that created divergent development outcomes for

6222-671: The costs of exchange and production. He emphasizes that small historical and cultural features can drastically change the nature of an institution. Daron Acemoglu , Simon Johnson , and James A. Robinson agree with the analysis presented by North. They write that institutions play a crucial role in the trajectory of economic growth because economic institutions shape the opportunities and constraints of investment. Economic incentives also shape political behavior, as certain groups receive more advantages from economic outcomes than others, which allow them to gain political control. A separate paper by Acemoglu, Robinson, and Francisco A. Gallego details

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6324-451: The countries with ineffective or weak institutions often have a gap between high levels of political participation and weak political institutions, which may provoke nationalism in democratizing countries. Regardless of whether the lack of enforcement and stability in institutions is intentional or not, weakly enforced institutions can create lasting ripples in a society and their way of functioning. Good enforcement of laws can be classified as

6426-430: The developing world institutions as "window-dressing institutions" that "are often a response to international demands or expectations." It also provides an effective metaphor for something that power holders have an interest in keeping on the books, but no interest in enforcing. The dependence developing countries have on international assistance for loans or political power creates incentives for state elites to establish

6528-643: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created

6630-591: The extent that they are associated with changes in institutions. In European history, particular significance is attached to the long transition from the feudal institutions of the Middle Ages to the modern institutions, which govern contemporary life. Scholars have proposed different approaches to the emergence of institutions, such as spontaneous emergence, evolution and social contracts. In Institutions: Institutional Change and Economic Performance , Douglas North argues that institutions may be created, such as

6732-456: The faults of these policies. As an example, Lustick cites Amyx's analysis of the gradual rise of the Japanese economy and its seemingly sudden reversal in the so-called "Lost Decade" . According to Amyx, Japanese experts were not unaware of the possible causes of Japan's economic decline. Rather, to return Japan's economy back to the path to economic prosperity, policymakers would have had to adopt policies that would first cause short-term harm to

6834-626: The first scholars to introduce institutional theory to inspect how organizations are shaped by their social and political environments and how they evolve in different ways. Other scholars like Paul DiMaggio and Walter Powell proposed one of the forms of institutional change shortly after: institutional isomorphism. There were three main proposals. The first one is the coercive process where organizations adopt changes consistent with their larger institution due to pressures from other organizations which they might depend on or be regulated by. Such examples include state mandates or supplier demands. The second one

6936-559: The focus is on behaviour arising from a given set of institutional rules. In these models, institutions determine the rules (i.e. strategy sets and utility functions) of games, rather than arise as equilibria out of games. Douglass North argues, the very emergence of an institution reflects behavioral adaptations through his application of increasing returns . Over time institutions develop rules that incentivize certain behaviors over others because they present less risk or induce lower cost, and establish path dependent outcomes. For example,

7038-435: The formation of smaller groups with other goals and objectives is crucial for an institution's survival. Additionally, technological developments are important in the economic development of an institution. As detailed by Brian Arthur in "Competing Technologies, Increasing Returns, and Lock-in by Historical Events", technological advancements play a crucial role in shaping the economic stability of an institution. He talks about

7140-461: The impact of institutional change and the ways in which it can cause economic performance to decline or become better depending on the occurrence. This is known as "path dependence" which North explains is the idea of historical and cultural events impacting the development of institutions over time. Even though North argues that institutions due to their structure do not possess the ability to change drastically, path dependence and small differences have

7242-536: The impact of institutions on economic development in various countries, concluding that institutions in prosperous countries like the United States induced a net increase in productivity, whereas institutions in Third World countries caused a net decrease. Scholars of this period assumed that "parchment institutions" that were codified as law would largely guide the behavior of individuals as intended. On

7344-495: The impacts the institution in question will have, the way the new rules affect people's interests and their own, and the consequences of the creation of a new institution will have in society. Scholars like Christopher Kingston and Gonzalo Caballero also pose the importance of gradual societal change in the emergence of brand new institutions: these changes will determine which institutions will be successful in surviving, spreading, and becoming successful. The decisions actors within

7446-528: The importance of institutional strength can be found in Lacatus' essay on national human rights institutions in Europe, where she states that "As countries become members of GANHRI, their NHRIs are more likely to become stronger over time and show a general pattern of isomorphism regarding stronger safeguards for durability." This demonstrates that institutions running independently and further creating spaces for

7548-503: The inability of institutions to adapt as a symptom of being stuck on a local maxima within a fitness landscape does nothing to solve the problem. At the very least, however, it might add credibility to the idea that truly beneficial change might require short-term harm to institutions and their members. David Sloan Wilson notes that Lustick needs to more carefully distinguish between two concepts: multilevel selection theory and evolution on multi-peaked landscapes. Bradley Thayer points out that

7650-503: The individual actors within an institution. This can also be seen in the recent issue with Silvergate and money being moved to crypto exchanges under the SEN Platform institution, which has led the bank to "delay the filing of its annual report due to questions from its auditors." Additionally, they lost many crypto clients the next day allowing the bank's stock price to fall by 60% before it stabilized again. These examples demonstrate

7752-407: The individual liberty of a truly free society. Economics , in recent years, has used game theory to study institutions from two perspectives. Firstly, how do institutions survive and evolve? In this perspective, institutions arise from Nash equilibria of games. For example, whenever people pass each other in a corridor or thoroughfare, there is a need for customs, which avoid collisions. Such

7854-411: The institution to improve any further, it would first need to decrease its overall fitness score (e.g., adopt policies that may cause short-term harm to the institution's members). The tendency to get stuck on local maxima can explain why certain types of institutions may continue to have policies that are harmful to its members or to the institution itself, even when members and leadership are all aware of

7956-465: The judicial system and are generally private arbitrators , are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. Notable court shows include: Institution An institution is a humanly devised structure of rules and norms that shape and constrain social behavior. All definitions of institutions generally entail that there

8058-404: The market, even when the technology is not the most efficient of the ones available. He proceeds to explain that lock-in is a result of path-dependence, where the early choice of technology in a market forces other actors to choose that technology regardless of their natural preferences, causing that technology to "lock-in". Economist W. Brian Arthur applied David's theories to institutions. As with

8160-441: The most narrow definitions may only include institutions that are highly formalized (e.g. have specified laws, rules and complex organizational structures). According to Wolfgang Streeck and Kathleen Thelen , institutions are, in the most general sense, "building blocks of social order: they represent socially sanctioned, that is, collectively enforced expectations with respect to the behavior of specific categories of actors or to

8262-426: The next period's political institutions. Finally, the current economic institutions determine next period's distribution of resources and the cycle repeats. Douglass North attributes institutional change to the work of "political entrepreneurs", who see personal opportunities to be derived from a changed institutional framework. These entrepreneurs weigh the expected costs of altering the institutional framework against

8364-509: The occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from

8466-638: The opportunities created by institutions and, as organizations evolve, these institutions are then altered. Overall, according to North, this institutional change would then be shaped by a lock-in symbiotic relationship between institutions and organizations and a feedback process by which the people in a society may perceive and react to these changes. Lipscomb argues that patterns of institutional change vary according to underlying characteristics of issue areas, such as network effects. North also offers an efficiency hypothesis, stating that relative price changes create incentives to create more efficient institutions. It

8568-404: The originally intended form. Instead, institutional development is endogenous and spontaneously ordered and institutional persistence can be explained by their credibility, which is provided by the function that particular institutions serve. Political scientists have traditionally studied the causes and consequences of formal institutional design. For instance, Douglass North investigated

8670-556: The other hand, recent scholars began to study the importance of institutional strength, which Steven Levitsky and María Victoria Murillo define in terms of the level of enforcement and sustainability of an institution. Weak institutions with low enforcement or low sustainability led to the deterioration of democratic institutions in Madagascar and the erosion of economic structures in China. Another area of interest for modern scholars

8772-508: The performance of certain activities. Typically, they involve mutually related rights and obligations for actors." Sociologists and anthropologists have expansive definitions of institutions that include informal institutions. Political scientists have sometimes defined institutions in more formal ways where third parties must reliably and predictably enforce the rules governing the transactions of first and second parties. One prominent Rational Choice Institutionalist definition of institutions

8874-487: The power of a judge of the Supreme Court of South Australia in all but trials of capital offences. From 1884 to 1911, a resident judge, with the title "Judge of the Northern Territory" exercised the full powers of the Supreme Court of South Australia under the Northern Territory Justice Act. The court was established on 30 May 1911, shortly after South Australia surrendered the territory to

8976-499: The relationships between institutions, human capital, and economic development. They argue that institutions set an equal playing field for competition, making institutional strength a key factor in economic growth. Authors Steven Levitsky and María Victoria Murillo claim that institutional strength depends on two factors: stability and enforcement. An unstable, unenforced institution is one where weak rules are ignored and actors are unable to make expectations based on their behavior. In

9078-752: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of

9180-410: The same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In the United States, the legal authority of

9282-707: The short-term. The lessons from Lustick's analysis applied to Sweden's economic situation can similarly apply to the political gridlock that often characterizes politics in the United States. For example, Lustick observes that any politician who hopes to run for elected office stands very little to no chance if they enact policies that show no short-term results. There is a mismatch between policies that bring about short-term benefits with minimal sacrifice, and those that bring about long-lasting change by encouraging institution-level adaptations. There are some criticisms to Lustick's application of natural selection theory to institutional change. Lustick himself notes that identifying

9384-504: The social sciences, particularly those with the institution as a central concept, can benefit by applying the concept of natural selection to the study of how institutions change over time. By viewing institutions as existing within a fitness landscape , Lustick argues that the gradual improvements typical of many institutions can be seen as analogous to hill-climbing within one of these fitness landscapes. This can eventually lead to institutions becoming stuck on local maxima , such that for

9486-426: The supposed human "propensity to truck, barter and exchange". Modern feminists have criticized traditional marriage and other institutions as element of an oppressive and obsolete patriarchy . The Marxist view—which sees human nature as historically 'evolving' towards voluntary social cooperation, shared by some anarchists —is that supra-individual institutions such as the market and the state are incompatible with

9588-451: The traditional understanding of institutions reflects the scholarly recognition that a different framework of institutional analysis is necessary for studying developing economies and democracies compared to developed countries. In history, a distinction between eras or periods, implies a major and fundamental change in the system of institutions governing a society. Political and military events are judged to be of historical significance to

9690-432: The way power and influence is distributed. As a result, open access institutions placed in limited access orders face limited success and are often coopted by the powerful elite for self-enrichment. Transition to more democratic institutions is not created simply by transplanting these institutions into new contexts, but happens when it is in the interest of the dominant coalition to widen access. Ian Lustick suggests that

9792-525: The ways in which institutions and the economy interact, and how the well-being of the economy is essential for the institution's success and ability to run smoothly. North argues that because of the preexisting influence that existing organizations have over the existing framework, change that is brought about is often in the interests of these organizations. This is because organizations are created to take advantage of such opportunities and, as organizations evolve, these institutions are altered. This produces

9894-403: The weakening of an institution over time. Lastly, independence within an institution is vital because the institutions are making decisions based on expertise and norms that they have created and built over time rather than considerations from other groups or institutions. Having the ability to operate as an independent institution is crucial for its strength and resistance over time. An example of

9996-427: The western world are the civil law courts and the common law courts. A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are

10098-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around

10200-655: The young, are served by the institutions of marriage and family, for example, by creating, elaborating and prescribing the behaviors expected for husband/father, wife/mother, child, etc. The relationship of the institutions to human nature is a foundational question for the social sciences. Institutions can be seen as "naturally" arising from, and conforming to, human nature—a fundamentally conservative view—or institutions can be seen as artificial, almost accidental, and in need of architectural redesign, informed by expert social analysis, to better serve human needs—a fundamentally progressive view. Adam Smith anchored his economics in

10302-456: Was due to "cybersecurity concerns" and data protection in regards to data collection by "third parties." This concern regarding TikTok's growing popularity demonstrates the importance of technological development within an institutional economy. Without understanding of what these products are doing or selling to the consumers, there runs a risk of it weakening an institution and causing more harm than good if not carefully considered and examined by

10404-593: Was placed upon the South Australian government to establish a superior court in the then Northern Territory of South Australia. Although such a court was mooted, it was decided to send judges to Palmerston on circuit. The first circuit court was held in February 1875. Thereafter, from 1875 to 1884, the government appointed persons as commissioners (usually the Government Resident) to exercise

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