Court sanctions transform lender-borrower cooperation well beyond actual enforcement. [causal]
Most parties to Hambros loans probably prove to be fully trustworthy to repay. The background possibility of sanction greatly enhances this trustworthiness, however, and justifies Hambros's general risk taking. We might say that the use of courts is the centrally important consideration to Hambros in making any particular loan, but such a statement is likely to be misleading. What is centrally important is that the existence of the court sanction changes relations drastically across the board, making Hambros's relations with virtually all potential borrowers more cooperative than they would otherwise be.
Russell Hardin, Trust and Trustworthiness, loc. 596