Urban Decay, Austerity, and the Rule of Law

57 Pages Posted: 11 Mar 2013 Last revised: 4 Apr 2014

See all articles by Brent T. White

Brent T. White

University of Arizona - James E. Rogers College of Law

Simone M. Sepe

University of Arizona - James E. Rogers College of Law; University of Toulouse 1 - Université Toulouse 1 Capitole; Toulouse School of Economics; European Corporate Governance Institute (ECGI); American College of Governance Counsel

Saura Masconale

The University of Arizona Department of Political Economy and Moral Science; Center for the Philosophy of Freedom

Date Written: March 5, 2014

Abstract

Detroit has failed and its infrastructure is crumbling. But Detroit is not an isolated case. It is a paradigmatic example of increasing urban decay across the Unites States. While commentators have warned that the declining state of the country’s infrastructure threatens US prosperity, there is a bigger issue at stake. Decaying urban environments jeopardize the rule of law, undermining the very foundation of the social contract.

This Article shows that the strength of the rule of law in a given country can be predicted by that government’s ability (or inability) to provide public services — particularly, a livable urban environment. When urban decay sets in, individuals are led to believe that the government, and thus citizens as a collective, have abandoned their commitments to following the basic rules governing the social contract. This, in turn, reduces the incentives of individuals to engage in lawful behavior. As a result, the rule of law is, like the city itself, left in shambles. In support of this theoretical account, we provide empirical evidence that urban decay weakens the rule of law.

As a normative matter, we claim that austerity policies aimed at incentivizing municipal fiscal accountability have produced the government’s failure to provide adequate urban infrastructure. Hence, there is a normative case for selective centralized support of local goods and services that can better balance the dual goal of preserving the rule of law and encouraging municipal fiscal accountability.

Keywords: social contract, rule of law, urban infrastructure, austerity

Suggested Citation

White, Brent T. and Sepe, Simone M. and Masconale, Saura, Urban Decay, Austerity, and the Rule of Law (March 5, 2014). 64 Emory Law Journal 1 (2014), Arizona Legal Studies Discussion Paper No. 13-15, Available at SSRN: https://ssrn.com/abstract=2230652 or http://dx.doi.org/10.2139/ssrn.2230652

Brent T. White (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

Simone M. Sepe

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

University of Toulouse 1 - Université Toulouse 1 Capitole ( email )

2 Rue du Doyen-Gabriel-Marty
Toulouse, 31042
France

Toulouse School of Economics ( email )

21 allée de Brienne
31015 Toulouse Cedex 6
Toulouse Cedex, F-31042
France

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

American College of Governance Counsel ( email )

555 8th Avenue, Suite 1902
New York, NY 10018
United States

Saura Masconale

The University of Arizona Department of Political Economy and Moral Science; Center for the Philosophy of Freedom ( email )

315 Social Science Building
Tucson, AZ 85721
United States

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