'People will forgive you for being wrong, but they will never forgive you for being right - especially if events prove you right while proving them wrong.' Thomas Sowell
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Economics for Non Economists: The Legal Fictions essential for Capitalism
What does legal fiction mean? Isn't property rights legal fiction?
Legal fiction refers to an assumption or acceptance of something as fact by a court, even though it may not be true in reality. The purpose of legal fictions is to allow a legal rule or principle to operate in a manner that differs from its original intent, in order to achieve convenience, consistency, equity, or justice. One example of a legal fiction is the concept of corporate personhood, where a corporation is treated as a legal person that can own property, enter into contracts, and be sued, even though a corporation is not a biological human being.
How is legal fiction used in property rights?
Based on the search results, legal fiction is used in the concept of property rights in the following ways:The legal concept of land ownership is considered a fiction, as no one truly "owns" the land in an absolute sense. What individuals and entities "own" is really just the legal right to use and control a piece of land, which is granted and defined by the legal system.
Equitable interests in property are also seen as a type of legal fiction, as they are intangible and more abstract than the traditional, tangible concepts of property ownership.
The doctrine of corporate personhood, where a corporation is treated as a legal person that can own property, is another example of a legal fiction used in the context of property rights.
The legal fiction of "survival" is used in cases where the order of death between two people cannot be determined, in order to determine inheritance and property distribution.
What about human ownership of labour - isn't it a legal fiction? Or the definition of humans, slaves and animals?
Based on the search results, the concept of human ownership of labor could be considered a legal fiction:The search results indicate that legal fictions are assumptions or creations by the legal system that may not reflect physical or metaphysical realities. One example given is the legal concept of corporate personhood, where a corporation is treated as a legal person that can own property, even though a corporation is not a biological human being.
Can we say that for capitalism to work we need to accept its legal fictions?
Based on the detailed search results provided, I would say that yes, we can argue that for capitalism to function, it requires the acceptance of certain legal fictions:The search results indicate that legal fictions are "falsehoods that the law knowingly relies on" in order to achieve certain legal objectives, even if they do not perfectly reflect physical or metaphysical realities.
What would happen if we did not accept the legal fictions?
Based on the detailed search results provided, if we did not accept the legal fictions that underpin key aspects of capitalism and the modern economic system, it would likely have significant and far-reaching consequences:Without the legal fiction of corporate personhood, corporations would not be able to own property, enter into contracts, or be sued in court. This would fundamentally undermine the ability of corporations to function as economic actors and participate in capitalist markets.
Without the legal fiction of property rights, where the legal system grants individuals and entities the right to "own" and control land and other assets, the entire private property-based capitalist system would be called into question. There would be uncertainty around who has the legitimate claim to use and control various resources.
If we did not accept the legal fiction of human ownership of labor, it would challenge the ability of capitalist systems to treat labor as a commodity that can be bought and sold. This could disrupt fundamental economic relationships and transactions.
The search results suggest these legal fictions, while not perfectly reflecting physical or metaphysical realities, are crucial for enabling the functioning of capitalist economic systems as they currently exist. Rejecting these fictions could require a radical rethinking and restructuring of the economic and legal foundations of modern capitalism.
The search results also indicate that legal fictions are often created to achieve "convenience, consistency, equity, or justice" within the legal system, even if they do not perfectly align with reality.
Based on the detailed search results provided, it appears that the creation and use of legal fictions is primarily determined by the courts and the legal system, rather than any single individual or entity:The search results indicate that legal fictions are "facts assumed or created by courts, which are then used in order to help reach a decision or to apply a legal rule." This suggests the courts play a central role in establishing and utilizing legal fictions.
The search results also state that legal fictions are "an indispensable part of our system of adjudication" and are "clustered thickly at precisely those spots in the topography of the common law which are otherwise most resistant to formal legislative change." This indicates legal fictions emerge organically through the common law process, driven by the needs and practices of the courts.
Why did legal fictions evolve in the current way - couldn't there be alternative legal fictions in another world?
Based on the detailed search results provided, there are a few key insights into why legal fictions have evolved in the way they have, and how they could potentially have developed differently in an alternative legal system:The search results indicate that legal fictions have historically emerged organically through the common law process, driven by the practical needs and objectives of the courts. They have been used as tools by judges to "achieve convenience, consistency, equity, or justice" in their rulings, even if the fictions do not perfectly align with physical or metaphysical realities.
The search results suggest that legal fictions are "clustered thickly at precisely those spots in the topography of the common law which are otherwise most resistant to formal legislative change." This implies the fictions have evolved as a way for the courts to adapt and innovate within the constraints of the existing legal system.
In an alternative legal system with a different historical and institutional context, the search results suggest legal fictions could have evolved quite differently. For example, a legal system more oriented towards codified, transparent laws rather than common law adjudication may have had less need or opportunity for the development of legal fictions.
Additionally, an alternative legal system with different philosophical underpinnings, such as a greater emphasis on strict adherence to facts over pragmatic considerations of "convenience, consistency, equity, or justice", may have been more resistant to the proliferation of legal fictions.
Based on the detailed search results provided, the key winners and losers from the acceptance of the current legal fictions that underpin capitalism and the modern economic system would be:
Wealthy individuals and entities - The legal fictions around property rights and ownership of assets allow the wealthy to accumulate and protect their wealth and assets through the legal system.
Lawyers and the legal profession - The search results suggest that private lawyers, operating outside of democratic institutions, end up shaping many of the legal fictions and rules that govern the economic system.
Losers:
Marginalized groups - The legal categorization and treatment of entities like slaves versus free individuals, as well as the legal fiction of human ownership of labor, have historically disadvantaged marginalized groups.
Advocates for reform - The search results suggest that legal fictions can make it difficult to achieve formal legislative change, as they are "clustered thickly" in areas resistant to change.
Critics of legal fictions - Philosophers like Jeremy Bentham who were highly critical of legal fictions and saw them as obscuring the law and enabling judicial manipulation would be considered "losers" in the current system.
So in summary, the key winners appear to be powerful corporate and economic actors who benefit from the legal fictions, while the losers tend to be the general public, marginalized groups, and those seeking reform or challenging the status quo.
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Wednesday, 16 August 2023
A level Economics: Conservatives are attacking Capitalism
The Economist writes about four new books that show how the reactionary right and Luddite left have converged
2. Tyranny, Inc: How Private Power Crushed American Liberty—And What to Do About It By Sohrab Ahmari. Forum Books; 288 pages; $28
3. Regime Change: Towards a Postliberal Future. By Patrick Deneen. Sentinel; 288 pages; $30. Forum; £22
4. Decades of Decadence: How Our Spoiled Elites Blew America’s Inheritance of Liberty, Security and Prosperity. By Marco Rubio. Broadside Books; 256 pages; $32 and £20
Two decades ago Johan Norberg, a Swedish liberal, wrote a bracing polemic called “In Defence of Global Capitalism”. Leftists hated it and sniffed that he was “on the ‘crazy right’”. Now, when he makes exactly the same arguments, people on the right accuse him of being “woke left”. “I’m not the one who’s changed,” he writes.
The angriest critiques of global capitalism come increasingly from the populist right. This is true in several Western countries, but especially so in America. Republicans used to extol the benefits of free trade and free markets. Now, following Donald Trump’s lead, Republican candidates demand higher barriers, especially to goods from China, and berate corporations for their “wokeness” in supporting greenery and diversity. Four new books illuminate this shift, which fans of economic liberty find alarming.
Their critiques target two villains: corporations and liberalism. Sohrab Ahmari, a socially conservative Iranian-American journalist, is part of the anti-corporate crowd. In “Tyranny, Inc”, he claims that we live in “a system that allows the asset-owning few to subject the asset-less many to pervasive coercion—coercion that, unlike governmental actions, can’t be challenged in court or at the ballot box.”
Many of his complaints sound lefty. Amazon uses intrusive cameras to monitor its warehouse workers; other firms snoop on their minions’ private emails and web browsing. Employers set unpredictable working hours, which staff cannot easily refuse because they need to put food on the table. Life for the bottom 50% in America is precarious, stressful and unjust.
Other complaints reflect Mr Ahmari’s social conservatism. He disapproves of unpredictable working hours partly because of their effect on family life. He rages that woke corporations such as Disney and American Express “train” workers to accept controversial progressive ideas on race and gender.
He is a deft storyteller. A favourite trick is to describe some terrible injustice as if it occurred in a dictatorship like China or Iran and then to reveal—hey, presto!—that it happened in America. He highlights genuine injustices, such as the way some firms abuse gag clauses, non-compete agreements and the arbitration process.
His analysis, however, is flawed. Private firms in America have far less power over workers than he claims. When they behave abusively, they are often challenged in court. More importantly, with unemployment at 3.5%, disgruntled employees can credibly threaten to quit.
To tame corporate tyranny, Mr Ahmari would supercharge the state. It should encourage unionisation in every sector, play “a far more active role in co-ordinating economic activity” and require financial speculators who buy a company and want to change things to submit to the veto of “workers, local communities and other stakeholders”.
This is a recipe for slower growth and less innovation. Indeed, it is often hard to distinguish Mr Ahmari’s economic proposals from those of Elizabeth Warren or Bernie Sanders on the Democratic left. Yet he thinks his mix of social conservatism and economic populism is the future of the Republican Party, helping it win elections long after Donald Trump has retired or gone to jail. He may be right. This was the calculation made by jd Vance, who first rose to prominence as the author of “Hillbilly Elegy”, which explained the plight of America’s forgotten white working-class, before he ran in Ohio for a Senate seat—and won.
In “Regime Change: Towards a Postliberal Future”, Patrick Deneen, a professor of political science at the University of Notre Dame, gives voice to a gloomy, reactionary strain of thinking. On the first page he laments America’s blighted cities, family breakdown, inequality and “psychic despair”, noting “a growing chorus of voices [reflecting] on the likelihood and even desirability of civil war”.
For all this, he blames liberalism: both the classical sort, which seeks material progress through creative destruction, and the progressive sort that aims to upend family and tradition. To turn back the clock, he would have the state support bigger traditional families (as it does in Hungary) and manufacturing (as it does under Joe Biden). He would restrict immigration, which he says elite liberals support in order to undercut the wages of the native-born and supply themselves with cheap servants.
None of this will work. Plenty of evidence suggests that immigration has little effect on native wages (so curbing it will not raise them); that industrial policy is generally wasteful; that pro-family policies have little effect on fertility; and that Hungary is a kleptocracy.
“Conservative” parties in the West have championed free markets at least since the days of Ronald Reagan and Margaret Thatcher. But free markets are profoundly unconservative. They bring rapid change, usually making people better off, but also disrupting old ways of doing things. Serious conservatives aim to minimise this disruption without impeding growth too much. Demagogues, however, pretend there is no trade-off: that you can have all the benefits of progress without changing the way you live.
For an idea of how ideas like Mr Ahmari’s and Mr Deneen’s might sound when stripped of nuance for the campaign trail, try “Decades of Decadence”. When Marco Rubio first ran for the United States Senate in 2010, he talked about how wonderful it was that he, the son of penniless Cuban immigrants, could aspire to high office in America. Now, still aspiring to even higher office from within a much-changed Republican Party (despite losing to Donald Trump in the Republican primary in 2016), he has embraced his erstwhile rival’s nativist clichés.
He decries America’s “open southern border” and yearns for the good old days when “we took it for granted that most of the things we bought…were made right here at home by our fellow Americans.” He blames China’s entry to the World Trade Organisation for the fact that “Too many Americans who want to live normal decent lives are unable to do so.” To those who say that imports from China might improve American lives, he retorts that such people think of Americans not as “workers, fathers and citizens” but as “consumers…nothing more”.
“The Capitalist Manifesto” by Mr Norberg of the Cato Institute, a think-tank, offers a joyful counterblast to Mr Rubio’s Trumpy stridence. The three decades after 1990, when globalisation took off, have seen greater improvements in human living conditions than the previous three millennia, he shows. Poverty is down, lifespans are longer and technology that only the Pentagon could afford in 1990 is now on every smartphone. “I am not saying that the era has been unequivocally good, only that it has been better than any other era humanity has experienced,” comments Mr Norberg.
When imitation isn’t flattery
Both the new right and the old (and new) left share a zero-sum view of economics, imagining that one person’s gain must be another’s loss. The old left hated free trade and free markets because they supposedly let rich countries exploit poor ones. Now that many of those poor countries have debunked this argument by prospering, the new right complains that free trade and free markets let China exploit the West.
Mr Norberg shows that all of their proposed solutions have been tried before, with dismal results. One study of 50 countries with populist leaders found that 15 years after they take control, their economies are a tenth smaller than those of comparable countries.
In a book packed with vivid examples, one of the most compelling concerns covid-19. Pandemic lockdowns, though widely opposed by the new right, actually achieved many of their stated aims. Borders were closed, migration halted, supply chains disrupted. Global poverty soared—and life became miserable in rich countries, too. Mr Norberg concludes: “It is difficult to imagine a stronger and more tragic proof that progress depends on open societies and economies.” If only his was the last word.
Friday, 23 June 2023
Fallacies of Capitalism 14: Capitalism is Synonymous with Democracy
The "capitalism is synonymous with democracy" fallacy assumes a direct and harmonious relationship between capitalism, an economic system based on private ownership and market competition, and democracy, a political system characterised by representative government and citizen participation. However, this fallacy overlooks the potential conflicts that can arise between economic interests and democratic decision-making processes in several ways:
Power imbalances: Capitalism can lead to the concentration of economic power in the hands of a few wealthy individuals or corporations. These entities may exert disproportionate influence over political processes, such as lobbying or campaign financing, which can undermine the principles of equal representation and fair democratic decision-making. The resulting power imbalances can distort policy outcomes and compromise the interests of the broader population.
Influence of money in politics: Capitalist systems often allow for the infusion of large sums of money into political campaigns and lobbying efforts. This financial influence can create an uneven playing field, where economic elites can exert significant control over political agendas and policy outcomes. Democratic decision-making should ideally be based on the will of the people, but when economic interests heavily influence political processes, the voices and concerns of marginalised or less affluent citizens may be marginalised or ignored.
Regulatory capture: In capitalist systems, regulatory agencies are responsible for overseeing various sectors and industries to ensure fair competition and protect public interests. However, there is a risk of regulatory capture, whereby the regulated industries exert significant influence over the regulators. This can result in policies that favour the interests of powerful economic actors rather than promoting the broader welfare or democratic principles. Regulatory capture undermines the accountability and responsiveness of democratic institutions.
Inequality and political participation: Capitalism can exacerbate economic inequalities, which, in turn, can influence political participation. When wealth and income disparities are significant, certain groups may have greater resources and access to political power, while others may face barriers to participation. This can undermine the democratic ideal of equal political voice and representation, as marginalised groups or those with limited economic resources may be less able to engage meaningfully in democratic processes.
Conflicts of interest: Capitalist economies rely on profit-maximising behaviour, which may run counter to certain democratic goals. For instance, economic actors may prioritise short-term profits over long-term societal or environmental well-being. Democratic decision-making often requires considering broader societal interests, including sustainability, social justice, and the needs of future generations. Conflicts can arise when economic interests clash with democratic principles, potentially undermining the pursuit of collective well-being and the long-term interests of society.
Recognising the potential conflicts between economic interests and democratic decision-making processes is essential for maintaining a healthy balance between capitalism and democracy. It underscores the importance of robust institutions, transparency, campaign finance reform, and mechanisms to mitigate undue influence and power imbalances. By addressing these conflicts, societies can strive for a more equitable and inclusive democratic system that ensures broad representation and safeguards against the dominance of narrow economic interests.
Friday, 16 June 2023
Free Market Ideology and Alternate Economic Systems
How does an ideological commitment to free market principles influence the consideration of alternative economic systems?
An ideological commitment to free market principles can significantly influence how alternative economic systems are considered. Here's a simple explanation using examples and quotes:
- Emphasis on Market Efficiency: Ideological commitment to free market principles prioritizes market efficiency as a key driver of economic success. This perspective holds that the decentralized decision-making of individuals and businesses, guided by market forces, leads to efficient allocation of resources and optimal outcomes.
Example: "Advocates of free market principles argue that allowing market forces to determine prices, wages, and production levels leads to efficient resource allocation. They believe that alternative economic systems, such as central planning, may suffer from inefficiencies due to the lack of market signals."
- Skepticism of State Intervention: A commitment to free market principles often fosters skepticism toward extensive state intervention in the economy. It emphasizes the belief that government interference can hinder market efficiency, impede individual freedom, and lead to unintended consequences.
Example: "Those who strongly support free markets view excessive government regulations and interventions as burdensome. They argue that alternative economic systems relying heavily on central planning may stifle innovation, discourage entrepreneurship, and limit individual choices."
Quotation: "The problem with socialism is that you eventually run out of other people's money." - Margaret Thatcher
This quote, attributed to former British Prime Minister Margaret Thatcher, reflects the skepticism toward alternative economic systems that rely heavily on state intervention. It implies that such systems may struggle to sustain themselves without adequate resources generated by market-oriented economies.
- Focus on Individual Liberty and Choice: Ideological commitment to free market principles often places a strong emphasis on individual liberty, economic freedom, and the right to private property. It asserts that free markets provide individuals with the freedom to make their own economic decisions and engage in voluntary exchanges.
Example: "Supporters of free market principles argue that alternative economic systems, which involve greater government control, can infringe upon individual liberties and limit economic choices. They believe that market-oriented systems provide individuals with the opportunity to pursue their own goals and fulfill their economic aspirations."
An ideological commitment to free market principles can strongly influence the consideration of alternative economic systems, shaping the evaluation in several ways. However, it's essential to recognize both the strengths and weaknesses of this perspective:
Strengths:
Market Efficiency: The emphasis on market efficiency highlights the potential benefits of allowing market forces to guide resource allocation. Free market principles can incentivize competition, innovation, and productivity, leading to economic growth.
Individual Freedom: A commitment to free markets emphasizes individual liberty and economic freedom. It recognizes the importance of individual choices and the potential for entrepreneurship and self-determination.
Innovation and Adaptability: Free market systems often exhibit a high degree of innovation and adaptability, responding quickly to changing consumer demands and technological advancements.
Weaknesses:
Market Failures: An exclusive focus on free markets may overlook market failures, such as externalities, monopolies, or inadequate provision of public goods. These market failures can have adverse consequences and require government intervention to address.
Income Inequality: Unrestricted free markets can contribute to income inequality, as wealth accumulation is not distributed evenly. This disparity may result in social and economic divisions that require policy interventions to ensure fairness.
Systemic Risks: Unregulated markets can also be susceptible to systemic risks, such as financial crises or market instability. Some level of government oversight may be necessary to mitigate these risks and protect the broader economy.
Evaluation:
While an ideological commitment to free market principles brings several strengths, such as market efficiency and individual freedom, it's important to approach alternative economic systems with an open mind. Evaluating alternative systems should consider a range of factors, including economic efficiency, equity, stability, and the provision of public goods.
Quotation: "A system of free enterprise capitalism hinges on two main assumptions: rational individuals and efficient markets. Neither assumption is entirely realistic." - Alan S. Blinder
This quote highlights the importance of acknowledging the limitations of any economic system, including free markets. It suggests that a balanced evaluation should consider both the strengths and weaknesses of various economic models.
To ensure an effective evaluation, it is crucial to strike a balance between market mechanisms and appropriate government interventions. Recognizing the potential advantages of free markets while addressing their limitations through regulation and social safety nets can help achieve a more equitable and sustainable economic system.
Ultimately, a comprehensive evaluation should take into account the diverse needs and goals of society, balancing economic efficiency, social welfare, and the pursuit of individual freedoms within a broader framework of societal well-being.
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Ideological biases can indeed undermine the examination of empirical evidence and case studies that challenge the supremacy of the market system. Here's an exploration using examples, quotes, and simple language:
- Confirmation Bias: Ideological biases can lead individuals to seek and interpret evidence in a way that confirms their preexisting beliefs. This confirmation bias may prevent them from critically examining empirical evidence or case studies that challenge the supremacy of the market system.
Example: A staunch advocate of free markets may dismiss empirical studies highlighting market failures or negative consequences of unregulated capitalism, instead favoring evidence that supports their ideological position.
- Dismissal of Alternative Models: Ideological biases can create a tendency to dismiss or downplay empirical evidence and case studies that demonstrate the effectiveness of alternative economic models. This can hinder a comprehensive examination of diverse approaches.
Example: A fervent supporter of market supremacy may reject case studies that showcase successful mixed economies or government interventions in achieving positive outcomes, undermining the examination of alternative models.
Quotation: "It is difficult to get a man to understand something when his salary depends on his not understanding it." - Upton Sinclair
This quote by Upton Sinclair highlights how personal interests and ideological biases can hinder individuals from objectively examining evidence that challenges their beliefs. In the context of economics, those whose livelihood or influence depends on the market system's supremacy may be more resistant to considering alternative models.
- Cherry-picking Data: Ideological biases can lead to selective use of data, focusing only on information that supports the market system while ignoring or dismissing contradictory evidence. This cherry-picking approach undermines a balanced examination of empirical evidence.
Example: An ideologically biased individual may highlight economic success stories under free market systems while disregarding instances of market failures or negative social consequences associated with unregulated capitalism.
It's important to note that overcoming ideological biases and fostering a more open examination of empirical evidence and case studies is crucial for a robust and informed economic discourse. By considering a wide range of evidence, including studies and examples that challenge prevailing beliefs, we can gain a more nuanced understanding of economic systems and their real-world impacts.
The goal should be to approach empirical evidence and case studies with intellectual honesty and a willingness to critically evaluate findings, regardless of whether they align with our ideological biases. Only through this objective examination can we foster a more comprehensive understanding of economic systems and strive towards the development of effective and equitable economic policies.