Abstract
While one might expect states with low capacity to regulate less than states with high capacity, this is not supported by evidence, leaving open the possibility of rent-seeking. I use the example of the regulation of witchcraft in parts of Africa to informally model the conditions under which states with low capacity still come to promulgate a range of regulations even in the absence of rent-seeking interests. The model suggests that regulation can be a substitute for basic state functions like policing. I identify one normatively troubling aspect of this; the conditions under which such regulation might still improve state capacity over time, which qualifies claims made about rent-seeking and neo-patrimonialism; the model's implications for contemporary state formation; and the parallels between the regulation of witchcraft and the regulation of offensive speech.