Davies’ “Extreme Economies” – Part 2: Failure

10/22/201910/22/2019 Joakim Book Books, Economics, Liberty government regulation, immigration, markets, money, Richard Davies, wealth

In the previous part of this three-part review, I looked at Davies’ first subsection (“Survival”) where he ventured to some of the most secluded and extreme places of the world – a maximum security prison, a refugee camp, a tsunami disaster – and found thriving markets. Not in that pejorative and predatory way markets are usually denounced by their opponents, but in a cooperative, resilient and fascinating way.

In this second part, subtitled “The Economics of Lost Potential”, Davies brings us on a journey of extreme places where markets did not deliver this desirable escape from exceptionally restrictive circumstances.

There might be many reasons for why Extreme Economies has become a widely read and praised book. Beyond the vivid characters and fascinating environments described by Davies, this swinging between opposing perspectives is certainly one. Whether your priors are to oppose markets or to favour them, there is something here for you. Davies isn’t “judgy” or “preachy” and the story comes off as more balanced because of it.

If the previous section showed how markets flourish and solve problems even under the most strained conditions, this section shows how they don’t.

Darien, Panama

We first venture to the Darien Gap, the 160-kilometre dense rainforest that separates the northern and southern sections of the Pan-American Highway – an otherwise unbroken road from Alaska to the southern tip of Argentina.

To a student of financial history, “Darien” brings up William Paterson’s miserable Company of Scotland scheme in the 1690s; trying to make Scotland great (again?), the scheme raised a large share of scarce Scottish capital and spectacularly squandered it on trying to build a colony halfway around the world. In the first chapter of subsection ‘Failure’, Davies skilfully recounts the Darien Disaster, “Scotland’s greatest economic catastrophe” (p. 114).

Judging from Davies’ ventures into the jungle bordering Panama and Colombia, it wouldn’t be a far cry to call the present state of affairs a similar economic catastrophe. Rather than failed colonies, the failed potential of Darien lies elsewhere: its environmental challenges coupled with the trade and markets that failed to emerge despite readily available mutual gains for trade.

A stunning landscape of mile after mile filled with rainforests and rivers and the occasional lush farmland, the people of the Gap make a living through extracting what the land provides. If you’re deep into environmentalism, you might even say unsustainably so. Davies’ point is to illustrate a more well-known economic problem: when unowned or communally owned resources suffer from the tragedy of the commons – the tendency is for such resources to be overexploited and ultimately destroyed.

Whether through logging companies exceeding their quotas or locals chopping trees out of desperation to survive, the story in Darien is altogether conventional. At the edge of the Gap, “the people of Yaviza do what they can. [T]he environment is an asset, and for many people living in Yaviza getting by is only possible by chipping a bit off a selling it” (p. 120).

What’s striking here is that in times of need (as Davies himself showed in the chapter on Aceh) that’s exactly what we want assets to do! We can show this in down-to-earth, real-world examples like Acehnese women drawing on their jewellery as emergency savings, or in formal economic models such as the C-CAPM, the Consumption Capital Asset Pricing Model, familiar to every business and finance student.

On a much cruder level: if the mere survival of some of the poorest people on earth depend on chopping down precious trees – well, precious to far-away Westerners, anyway – accusing those people of destroying our shared environment is mind-blowingly daft. To rationalise that equation, you have to put a very large value on turtles and trees, and a very small value on human life.

Elinor Ostrom, whose Nobel Prize in economics was awarded to her work on common pool resources, emphasised three ways to solve tragedies of the commons: clear boundaries (i.e. individual property rights); regular communal meetings such that members can voice opinions and amicably resolve conflicts; a stable population so that reputation matters and we can socially police deviant behaviour (p. 125).

The Darien Gap has none of those. Property rights are routinely ignored; the forest includes many different populations (indigenous tribes, farmers, ex-FARC fugitives, illegal immigrants); and those populations fluctuate a lot, meaning that most interactions are one-shot games where reputation becomes useless. End result: extensive, illegal, unsustainable logging mixed with armed strangers.

What I can’t quite wrap my head around is that almost all (market and non-market) interactions that all of us have daily are with strangers: the barista, the people we walk past on the street, the new client you just met or the customer support agent you just talked to. All of them are strangers. A large share of interactions with other humans in the last few centuries of human societies have been one-offs, yet very few of them have spiral into the lawlessness that Davies describes in Darien. Be it the Leviathan, secure property rights, the doux commerce thesis or some wider institutional or cultural reason, but the failure of Darien to establish well-functioning formal and informal markets of the kind we saw in the book’s first part are intriguing.

While a fascinating chapter, it might also be Davies’ worst chapter, factually speaking. He claims, mistakenly, that “globally, deforestation continues apace with 2016 the worst year on record for tree loss”. On the contrary, we’re approaching global zero net deforestation. More specifically, Davies claims that Colombia and Panama are particularly at risk here, with rates deforestation “increased sharply”. A quick look through UN’s Global Forest Resource Assessment report (latest figures from 2015), these two countries are indeed chopping down their forests – but by less than any other time period on record. Moreover, the Colombian net deforestation rate of 0.05% per year is easily exceeded by a number of countries; not even Panama’s dismal 0.3%/year (worse than the Brazilian Amazon) is particularly high in a global or historical perspective.

To make matters worse, the figure on p. 158 titled “The World’s Disappearing Tropics” might win an award for the most misleading graph of the year: by making the bars cumulative and downplaying the annual deforestation, it suggests that the forests are rapidly disappearing. The only comparison to relevant numbers (remember, Rosling teaches us to Always Be Comparing Our Numbers) is the tired “football pitches”. That’s hugely misleading. A vast amount of football pitches cleared in the Amazon this year still only amounted to 0.2% of the Brazilian Amazon; in other words, Brazilians could keep chopping down trees for a few good decades without making much of a dent to that vast rainforest.

davies

Moreover, the only reference point we’re given is that over a period of almost twenty years, an area the size of France has been deforested – but that’s equivalent to no more than one-tenth of only the Amazon forest, and the tropics have many more forested areas than that. The graph aims to intimidate us with ever-rising bars signalling the loss of forests; with some proper numbers and further examination it doesn’t seem very bad at all. On the contrary, locals (and yes, international logging companies) use the assets that nature has endowed them with – what’s so wrong with that?

Finally, the “missing market” that Davies observes in the Gap involves countless of illegal immigrants from around the world that trek through the jungles in search of a better life in the U.S. We have cash-rich Indians, willing to pay people to guide them through unknown and dangerous terrain, and local tribes and farmers and ex-FARC members with such knowledge looking for income; setting up a trade between them ought to be elementary.

Instead, it’s not: “in this place of flux,” writes Davies, “reputation does not matter, interactions are one-offs” (p. 137). Overturning the market quip that “trading is cheaper than raiding”, in the Darien Gap raiding is cheaper than trading. One might of course object that the failures of rich countries to offer more liberal immigration rules for people willing to go this far to get there illegally is hardly a market failure – but a failure of government regulation and incompetent bureaucracies.

Kinshasa, Democratic Republic of the Congo (DRC)

A 12-million people city sprawled on the banks of the Congo river, so unknown to Westerners that most of us couldn’t place it on a map. Democratic Republic of the Congo, the country with more people in extreme poverty than any other, is frequently described as “rich”. Or, with Davies’ euphemism “unrivalled potential” (p. 143).

Congo, the argument goes, has “diamonds, tin and other rare metals, the world’s second-largest rainforest and a river whose flow is second only to the Amazon. [it] shares a time zone with Paris [and the] population is young and growing”. It is one of the poorest countries but “should be one of the richest” (p. 143).

No, no and no. Before any other consideration of the remarkable day-to-day trading and corruption that Davies’ interview subjects describe, this mistaken idea about wealth must be straightened out. Wealth isn’t what could be if this or that major obstacle wasn’t in the way (Am I secretly a great singer, if I could only overcome the pesky fact that I have a voice unsuited for singing and lack practice?). This is almost tautological; what we mean by a country being poor is that it cannot overcome obstacles to wealth.

All wealth has to be created; humanity’s default position is extreme poverty.

And natural resources do not equate to wealth – there is even more support suggesting the opposite – in which case Japan and Singapore ought to be poor and Venezuela and DRC rich. My own sassy musings are still largely correct:

As Mises taught us half a century ago – and Julian Simon more recently – wealth (or even ‘goods’ or ‘commodities’ or ‘services’) are not the physical existence of those objects somewhere in the ground, but the satisfaction and valuation derived by the human mind. The object itself is only a means to whatever end the actor has in mind. Therefore, a “resource” is not the physical oil in the ground or the tons of iron ore in the Australian outback, but the ability of Human Imagination and Ingenuity to use those for his or her goals. After all, before humans learned to harnish the beautiful power of oil into heat, combustion engines and industrial production, it was nothing but a slimy, goe-y liquid in the ground, annoying our farmers. Nothing about its physical appearance changed over the centuries, but the mental abilities and industrial knowledge of human beings to use it for our purposes did.

Still, “modern Kinshasa is a disaster everyone should know about” (p. 172). No country has done worse in terms of GDP/capita since the 1960s. And we don’t have to go far to figure out at least part of the reason: the first rule of Kinshasa, says one of Davies’ interviewees, is corruption (p. 145). Everyone “steals a little for themselves as the funds pass through their hands, and if you pay in at the bottom of the pyramid there are hundreds of low-level tax officials competing to claim your cash.” (p. 185). Mobutu, the country’s long-time dictator, apparently said “if you want to steal, steal a little in a nice way” (p. 159).

Whether small stallholders at gigantic market or supermarket-owning tycoons, workers or university professors, pop-up sellers or police officers, everyone in Kinshasa uses every opportunity they can to extract a little rent for themselves – out of desperation more than malice. And everyone hates it: “The Kinoise”, writes Davies, “understand that these things should not happen, but recognize that their city’s economy demands a more flexible moral code.” (p. 168).

Interestingly enough, DMC is not a country whose state capacity is insufficient; it’s not a “failed state”, an “absent or passive” government whose cities are filled with “decaying official buildings and unfilled civil-service positions.” (p. 148). On the contrary:

The government thrives, with boulevards lined with the offices of countless ministries thronged by thousands of functionaries at knocking-off time. The Congolese state is active but parasitic, a corruption superstructure that often works directly against the interests of its people.

Poorly-paid police officers set up arbitrary roadblocks and extract bribes. Teachers demand a little something before allowing their pupils to pass. Restaurant owners serve their best food to their civil service regulators, free of charge, to even stay in business. Consequently, despite an incredibly resilient and innovative populace, “these innovative strategies are ultimately economic distortion reflecting time spent inventing ways to avoid tax collectors, rather than driving passengers or selling to customers” (p. 162).

But, like the ingenious monetary system of Louisiana prisons, the most fascinating aspect of Kinshasa’s economy is its use of money. Arbitrage traders head across the river to Brazaville in neighbouring Republic of the Congo equipped with dollars which they swap for CFA – the currency of six central African countries, successfully pegged to the euro. With ‘cefa’ they buy goods at Brazaville prices, goods they bring back over the river and undercut exorbitant Kinshasa prices. Selling in volatile and unstable Congolese francs carries risk, so Kinshasa’s streets are littered with currency traders offering dollars – at bid-ask spreads of less than 2%, comparing favourably with well-established Western currency markets. Before most transactions, Kinoise stop by an exchange trader sitting outside restaurants or malls, to acquire some Congolese francs with which to pay. Almost, almost dollarisation.

In Kinshasa, people rely on illegal trading as a safety net when personal disaster strikes or the state’s required bribes become too extortionary. Davies’ point is a convincing one, that “a town, city or country can get stuck in a rut and stay there” (p. 174).

Judging from his venture into Kinshasa, it’s difficult to blame markets for that. I don’t believe I’m invoking a No True Scotsman fallacies by saying that a market whose participants spent half their time avoiding public officials and the other half bribing them to avoid arbitrarily made-up rules, is pretty far from a free market.

Believing the opposite is also silly – that markets and mutual gains from trade can overcome any obstacles placed before them. Governments, culture or institutions have power to completely eradicate the beneficial outcomes of markets – Kinshasa’s extreme poverty attests to that.

Glasgow, the last part of ‘Failure’, is discussed in a separate post.

Rethinking the Yellowbelt: Report Release

10/21/201910/21/2019 Ash Navabi Economics, History, Liberty land use planning, toronto, yellowbelt, zoning

After a full year of research, the largest, most comprehensive report on the economics, politics, history, and policies of zoning in Toronto is available for download.

The full report is available both on the Housing Matters website, and quickly downloadable here: Rethinking the Yellowbelt.

The “Yellowbelt” refers to the portion of the city that’s zoned exclusively for detached homes. The report goes into detail explaining when and why such a zone came into existence, where it spreads in the city, who is hurt by the existence of this zone and how; and what it will take to change the system.

A summary of the report follows. Of course, the report itself goes into much more detail.

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Wiener Moderne and Austrian Economics – A product of times of turmoil

10/10/201910/10/2019 Alexander Albrecht Culture, Economics, Liberty, Philosophy Arthur Schnitzler, Austrian Economics, civilization, Culture, Erwin Dekker, liberty, literature, Vienna, Wiener Moderne

There are some certain incredibly rare constellations of time and space which result in one of a kind decades. The peak of Greek civilization from 5^th to 4^th century BC, the Californian Gold Rush from 1848–1855 and the Fin de Siecle from 1890-1920. The latter one is of specific interest to me for a long time. Some of the most worlds most famous painters (Gustav Klimt, Oskar Kokoschka), philosophers (Ludwig Wittgenstein, Karl Popper, Edmund Husserl) or authors (Georg Trakl, Hugo von Hofmannsthal, Arthur Schnitzler) coined the decade. Even more intriguing for me is that the Viennese intellectual live happened in very close circles. All intellectuals being witnesses of the downfall of one of the greatest empires of the 19^th century, each discipline coped with this fate in their very own way. Especially if one compares the movements of that time in literature and economics, it becomes clear that the self-imposed demands of the authors and scientists on their science differ considerably.

The Wiener Moderne: Flight into the irrational

Driven by the predictable crumbling of the Austro-Hungarian empire, the anticipated increasing tensions in the multi-ethnic empire and the threating of financial recession, the civil society was teetering on an abyssal edge. Furthermore, the Halleyscher comet was predicted to “destroy” the world in 1910, the titanic sunk in 1912, a European war was lingering just around the corner. Concerning the breakdown of stable order, people sought a way out of ruins of what once has been a stable authoritarian order. When existential threats become more and more realistic, one would expect cultural life to totally drain or at least decrease sufficiently. However, the complete opposite was the case.

At first, art merely revolted against the prevailing naturalism. Why would anybody need a detailed, accurate depiction of reality if reality itself is flawed with incomprehension, irrationality and impenetrability? Missing a stable external framework, many writers turned the back against their environment and focused on the Ego. To express the inner tensions of most contemporary people, many authors sought to dive deep into the human consciousness. Inspired by the psychoanalytical insights provided by Sigmund Freund, who had vivid relationships with many important authors such as Arthur Schnitzler, human behaviour and especially human decision making became a topic of increasing interest. Therefore, news ways of narrating such as interior monologue were founded.

Many writers such as Albert Schnitzler, Hugo von Hofmannsthal and Georg Trakl found in transcendence a necessary counterbalance to supra-rational society. Reality and dream blurred into a foggy haze; rational preferences gave way to impulsive needs; time horizons shortened, emotions overcame facts. The individual was portrayed without any responsibility towards society, their family or other institutions. In the Dream Story (By far my favourite book) by Arthur Schnitzler, the successful doctor Ferdinand risks his marriage and his family to pursue subconscious, mysterious sexual needs. If you have the time, check out the movie based on the novel “Eyes Wide Shut” by Stanley Kubrick, truly a cinematic masterpiece.

Karl Kraus, on the other hand, founded the satirical newspaper “The Torch” in 1899 and offered often frequented point of contact for aspiring young talented writers. The content was mostly dominated by craggy, harsh satirical observations of the everyday life which sought to convince the public of the predictable mayhem caused by currents politics. Franz Wedekind, Adolf Loos and Else Lasker-Schüler could use the torch as a stepping stone for their further careers.

What they have in common is their understanding of their craftmanship: It is not of the concern of art to save civilization or to convince us to be better humans, but to describe, document and in a way aestheticize human behaviour. This does by no way means that the Viennese authors of the early 20^th century were not politically or socially involved: Antisemitism (Karl Kraus & Arthur Schnitzler), Free Press (Karl Kraus), Sexuality (Franz Wedekind and Arthur Schnitzler) were, for example, reoccurring themes. However, in most works, the protagonist struggles with these problems on an individual level, without addressing the problem as a social problem. Also, the authors seemed to lack the entire puzzle picture: Although many individual pieces were criticized, the obvious final picture was rarely recognized (Especially Schnitzler).

Economics – Role of the scientist in society

Meanwhile in economics another exciting clash of ideas took place: The second wave of the Historical School economist, mainly Gustav Schmoller, Karl Büchner and Adolph Wagner, were waging a war against Austrian School of Economics, mainly Carl Menger. The Historical School sought to identify the patterns in history through which one could deduce certain principles of economics. Individual preferences are not the result of personal desires, but rather the sum of social forces acting on the individual depending on space and time, they asserted. Thus, instead of methodological individualism, methodological collectivism must be used to conduct economic research. To determine the historical-temporal circumstances, one must first collect an enormous amount of empirical material, based on which one could formulate a theory. Austrian Economists, in turn, claim that individual preferences stem from personal desires. Although the Austrian emphasize the constraints emerging from interpersonal interactions, they rejected the idea, that free individuals are confined in their will through culture and norms. Thus, economics is a science of aggregated individual preferences and must be studied through the lens of methodological individualism.

As Erwin Dekker (Dekker 2016) has argued, the works of Austrian Economists must be seen as an endeavour to understand society and civilization in the first place. One must carefully study human interaction and acknowledge the ridiculously small amount of knowledge we actually possess about the mechanism of a complex society before one can “cure” the many ills of humankind. With the socialist calculation debate, Austrian Economist tried to convince other academics of the impossibility of economic calculation in the absence of prices.

Apart from their academic debates, they were very much concerned with the development of common society: Authoritarian proposal, the constant erosion of norms as a foundation for civil society, the increasing overall hostility lead them to the decision to leave the ivory tower of economics and argue for their ideas in public discourse. “The road to serfdom” is THE peak of this development. Hayek impressively explains to the general public the fragility of liberal democratic order and how far-reaching even well-intended governmental interferences can eventually be. Joined by Karl Popper’s masterpiece “The open society and its enemies”, Austrian Economist were now defending the achievements of liberal democracy more vigorously than ever.

Conclusion

It would be exaggerated to claim that the literary-historical “flight into the irrational” had excessive influence on the economic debate between the historical school and the Austrian school. Nevertheless, it has already been proven that intellectual Viennese life took place in a few closely networked interdisciplinary circles. There is no direct connection between the Viennese literary circles and famous contemporary economic circles such as the Mises-Kreis. However, the intellectual breadth of contributions and the interwoven relationships of many contributors became an important point of study in recent years (See: Dekker 2014). Especially Sigmund Freud could have been a “middle man” between Austrians (especially Hayek) and the authors of the Wiener Moderne (especially Schnitzler).

What definitely is remarkable is how different the various scientists and artist reacted to the existential threats of the early 20^th century.
Resignation? Internal Exile? Counterattack? There were many options on the table.

The “flight into the irrational” pursued by many, by far not all, authors of Wiener Moderne was a return to surreality, irrationality and individualism. Austrian Economist, however, went from individualism to social responsibility. According to them, scientists had an obligation to preserve that kind of liberal democratic system, which fosters peaceful human cooperation. To achieve this shared goal, many Austrian Economists left the ivory tower of academic debates, where they also fought for the same purpose, and temporarily became public intellectuals; starting a much more active defence of liberal democracy.

Perspective and riches

10/08/201910/08/2019 Mary Lucia Darst Culture, Liberty civilization, envy, FLiP, Gustave Flaubert, literature, privilege, status, wealth

Sometimes working in the arts can be quite disorienting, especially in terms of what comes out of the mouths of colleagues. For example, a close friend was in rehearsal and an ensemble member, having spent the first hour staring at her, suddenly demanded:

“Are those real diamonds [pointing at a simple crystal strand bought at H&M]?”

“What?! These?! No.”

“Oh, okay. I was trying to figure out how rich you are.”

There were so many things wrong with this actual exchange that it is hard to know where to start. The main, collective reaction was: “Who openly admits to sitting there thinking things like that?” The episode embarrassed everyone except the person who asked the offensive question. Aside from the immediate disruptive effect it had, the incident was indicative of a greater socio-cultural problem, a shameless voyeurism that, while not new, has reached a fevered pitch today.

While one could easily say that reality TV and Instagram are primary causes, there are plenty of examples which predate these media, most memorably Gustave Flaubert’s Madame Bovary and its prescient view of tabloid and celebrity culture. What is new, though, is the idea that the envious and their curiosity have any legitimacy. We have come from Flaubert’s view that Emma Bovary was a colossal idiot to articles published by the BBC lamenting “invisible poverty.” The BBC writer’s examples of “invisible poverty” were an inability to afford “posh coffee,” a qualifier which he declined to define, and neighbors wondering if a “nice car” was bought on auto loan or owned outright. Like the question about diamonds, not only should such matters be outside the concern of others, to think that they are appropriate, or even a valid source of social strife, is disgusting and disturbing.

In his book Down and Out in Paris and London, George Orwell complained about being sent to Eton, where he spent his school years feeling as though everyone around him had more material wealth. The essence of his lament was that he wished his parents had sent him to a small grammar school where he could have been the richest student. He also claimed, in a wild generalization, that his feelings on the matter were universal through the British upper-middle class. Further, he said that it was his time in secondary school, not as commonly claimed his time as a civil servant, which fueled his turn toward Marxism, following the traditional logic of grabbers – “they have so much and therefore can spare some for me.”

The most baffling part for Orwell was the way that the upper-middle class, which included his family, was willing to move to far-flung corners of the globe and live in conditions the lowest British laborer would not accept in exchange for educational opportunity for their children and a high-status, reasonably wealthy retirement for themselves. For a comprehensive analysis of the phenomenon of self-sacrifice, its role in the development of capitalism, and why only the century upper- and upper-middle classes were the ones willing to make such exchanges, see Niall Ferguson’s Colossus.

It is important today for us to become more critical regarding complaints about society and anecdotes that are presented as proof regarding unfair societal mechanisms that prevent social mobility. An example of the reason we must be careful is art recent article published by written by a Cambridge undergraduate for The Guardian, who identifying as working class and having many problems along those lines, cited as her biggest complaint the Cambridge Winter Ball. Her problem was not that she hasn’t been able to attend, but that she had had to work for an hour in order to get into the Ball for free. This is a questionable example of social immobility. Her complaint about the Ball was that there were others who could pay the £100 entrance fee upfront. From this, she assumed a level of privilege that might not necessarily exist, i.e. “the other students could part with 100 pounds.”

Another example of failure to understand the availability of resources and extrapolating a false conclusion of social immobility is the Columbia University FLiP (First-generation, Low-income People) Facebook page, which was, through 2018, their primary platform. In response to Columbia University’s study on their first-generation low-income population, many of the complaints related to books and the libraries. FLiP students didn’t know that books were available in the library, and so they had purchased study materials while their “wealthier” peers simply borrowed the library copy or spent the necessary number of hours in the library working. Ironically, this complaint is not valid if you also consider that Columbia does an immersive orientation in which new students are taken into the libraries and are shown the basics of the book search system, card operations, checkout procedure, etc. In response to the publicity surround the FLiP drive^[1] the university opened a special library for these people where there is no official checkout; all loans are on the honor system. On a hilarious side note, in the middle ages libraries would chain books to lecterns to keep the students from walking away with them.

While we may have moved away from a society that encouraged living modestly to avoid arousing the envy of one’s neighbors, we now live in a culture in which our neighbors’ jealousy is too easily aroused. Chaos is the natural resting state of existence, but people have lost the ability to construct order for themselves out of it. It is possible to argue that modern people have not been taught to do so; after all, no one comes into the world knowing the underlying skills that are the foundation of the “invisible poor” complaints, e.g. social interactions, sartorial taste, self-sacrifice, etc. To tell the truth, mankind’s natural state is closer to the savages of the middle ages whose covetous inclinations necessitated the chaining of library books. On the one hand, we have progressed tremendously past such behavior and in doing so created order from chaos; but on the other hand, the external signs of progress are now under fire as symbols of privilege. Chillingly, the anti-civilization narrative, because that is ultimately what it is, is being incorporated into an anti-capitalist agenda through the conflation of “civilized” with “privileged,” which in turn is conflated with “rich.”

^[1] It is also revealing that the sign off for these people while the drive lasted was FLiP [school name]. Yes, one must wonder if even the acronym was picked for its stunning vulgarity.

Joker: an evidence-based criminology review (spoilers)

10/08/2019 Nick Cowen Culture, Current Events, Liberty, Politics batman, comics, crime, film, joker, media studies, research

Last Friday, Joker hit cinemas to much acclaim and some anxiety. Hot takes claim it glamorizes violence while the Slate pitch is that it’s boring. Having seen it over the weekend, I don’t see anything more transgressive about it than the various Batman films to which Joker is a sort of prequel, but it is more entertaining.

The film uses both narrative and moral ambiguity driven by the theme of mental illness. We are not quite sure what’s real and what’s not. And what (if anything) is responsible for catastrophic events that turn wannabe standup-comedian Arthur Fleck into the Clown Prince of Crime. This ambiguity is in league with contemporary criminology. Many researchers now suspect that crimes are typically the result of multiple, incremental causes (little things going wrong) that together add up to sometimes catastrophic outcomes.

So with spoilers already skulking in the alleyways over the fold, let’s review some of Joker’s overlapping narrative alongside some theories of crime (some of which I draw from my forthcoming book chapter on evidence-based policing).

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Davies’ “Extreme Economies” – Part 1: Survival

10/08/201910/10/2019 Joakim Book Books, Economics, Liberty government regulation, market regulation, markets, money, prison, refugees, Richard Davies

Late to the party, I relied on the quality-control of the masses before I plunged into Richard Davies’ much-hyped book Extreme Economies: Survival, Failure and Future – Lessons from the World’s Limits (see reviews by Diane Coyle and Philip Aldrick). I first heard about it on some Summer Reading List – or perhaps Financial Times’ shortlist for best books of 2019. What really prompted me to read it, however, was an unlikely source: The Guardian’s long-read in late-August. Davies adopted his Louisiana Prison chapter and described the intricate ways prisoners and guards in maximum-security prison Louisiana State Penitentiary (“Angola”) exchange value using the top-up debit card Green Dot and single-use MoneyPak cards. I was hooked.

Davies’ captivating and personal writing in that 4000-word piece made me want to read the full thing. Once I got around to it, I couldn’t put it down – which is the best compliment an author can get. At little over 400 pages of easy non-jargon prose, it doesn’t take too long to get through – and the nine case-study chapters can easily be read on their own. Further attesting to the brilliance of the book are the many questions it raised with me, insights to investigate further.

The book’s structure is simple to follow: three themes ‘Survival’ (“The Economics of Resilience”), ‘Failure’ (“The Economics of Lost Potential”) and ‘Future’ (“The Economics of Tomorrow”), each containing three fascinating places, wrapped between an introductory and a concluding chapter.

The motivation for the book is a mixture of John Maynard Keynes and a Scottish 19^th century civil engineer named David Kirkaldy. The latter’s big idea was studying “why materials buckled and bent under pressure” (p. 31); to fully grasp the potential for something, we need to examine why they fall apart. From Keynes Davies took the idea that the future is already partly here:

“We can get a glimpse of the future today, if we know where to look. The trick was to identify a sustained trend – a path most people are following – and look at the lives of those experiencing the extremes of that trend. […] to zoom forward in time, he said, we need to find those whose lives are like this already.” (p. 31)

Davies ventures to nine places of the world, all extreme in some aspect, and investigates the everyday economic challenges that people face and the ingenious ways in which they do – or do not – solve them. By carefully looking at the present, he posits to gauge something about the future.

In this first part – ‘Survival’ – I look at Davies’ three selections (Aceh, Indonesia; Zaatari, Jordan; and Louisiana, U.S.). The next part contains the case studies of ‘Failure’ (Darien, Panama; Kinshasa, DRC; Glasgow, Scotland) and the concluding part looks at ‘Future’ (Akita, Japan; Tallinn, Estonia; and Santiago, Chile). As I have personal experience of living in two of these places while knowing virtually nothing about many of the others, I reserve some complementary reflections on Glasgow and Santiago when appropriate.

Aceh, Indonesia

On Dec 26, 2004, an Indian Ocean earthquake created a tsunami that devastated coastlines from Thailand to Madagascar. Two-thirds of the 230,000 human lives lost were in Indonesia, mostly in the Aceh province on the northern tip of Sumatra, closest to the earthquake’s epicentre. Pictures taken before and after show how complete the destruction was; except for a few sturdy mosques, nothing was left standing.

A few years later, the busy streets and crowded beaches were pretty much back to normal. How?

Davies’ story does not emphasise aid flows or new investment by outsiders, but “informal systems of trade, exchange and even currency” (p. 49), an aspect that generally “goes unmeasured an unassessed” (p. 65). Aceh’s catastrophe is a story of human resilience and of intangibles.

The people Davies interviewed told him how the ancient Aceh practice of keeping savings in wearable and portable gold – necklace, rings, bangles – provided survivors who had lost everything with a source of funds to draw on. Importantly, a gold dealer told him, as the market price of gold is set internationally, the massive sell orders coming in simultaneously did not affect prices very much. Additionally, the dealer’s knowledge of market prices and contacts in Jakarta allowed him to quickly set up his business again. Buying Acehnese’s gold during those crucial months, way before foreign aid or government could effectively respond, provided people with funds to rebuild their lives. Traditional practices “insulated Aceh and provided its entrepreneurs with rapid access to cash” (p. 49).

Another insightful observation is the role played by intangibles – the knowledge of how and where and when that most of our economies depend on. Sanusi, 52-year-old coffee trader, lost everything: his shop, his equipment, his family. Amid his devastation he realized that one thing that the tsunami had not destroyed was his knowledge of the coffee business – where to source the best beans, how to make it, where and when to sell the coffee. He patched together some spare planks, used his business contacts to provide him with trade credit and had his rudimentary coffee business set-up in time for the arrival of coffee-drinking construction and aid-agency workers.

Davies also gives us a very balanced GDP discussion here, as the years after the December 2004 disaster saw huge GDP growth. Most economists would reflexively object and invoke Bastiat’s Broken Window Fallacy. Yes, Davies is well aware, but he’s getting at something more subtle:

“GDP aims to capture what a country’s residents are doing now, rather than what they have done previously. [It is] all about current human activities – spending, wages, income, producing goods – rather than the value embodied in physical assets such as building and factories. Far from being a mean or cold measure, economists’ favourite yardstick is a fundamentally human one.” (p. 53, 65)

To GDP, what you produced in the past is of no consequence. Clearly, when the tsunami devastated the coastline of Aceh, killing hundreds of thousands of people in the process and wiping away houses, factories and equipment, that made everyone poorer – their assets and savings and capital were literally washed away. Considering the massive construction boom that followed, only partly financed by outside aid and government money, it is not incorrect to say that GDP boomed; it is only incorrect to believe that people were made better off because of the disaster. Bastiat teaches us that they were not.

I think of this as the difference between your total savings (in cash, stocks, bank accounts, houses, jewelry) and your monthly income, a difference between “stock” and “flow”. If, like many Acehnese that Davies interviewed, your earnings-potential depend on your knowledge of your industry, your most valuable assets remain untouched even after a complete disaster. Your savings – your capital, your stuff – are completely eradicated, but the basis for your future income remains intact. With some minor equipment – a trade credit, some furniture, a shop patched together with flotsam – you can quickly approach the production and income you had before. GDP attempts to measure that income – not the current value of total assets.

“The people here,” Davies concludes, “lost every physical asset but the tsunami survivors retained skills and knowledge from before the disaster, and rebuilt quickly as a result.” (p. 66).

Zaatari, Jordan

Following the Syrian civil war and its exodus of refugees, camps were set up in many neighbouring countries. Often run by the UN, these camps ensure minimum survivability and life-support for refugees and are rather centrally-planned; the UNHCR hands out blankets, assigns tents and provides in-kind goods and services (food, medicine etc).

In April 2013, the Zaatari camp in the northern Jordan desert had grown to over 200,000 inhabitants, with daily inflows of up to 4,000 refugees. It was too much – and the UNHCR “ran out of manpower” (p. 70). They rationalised operations, focused on their core tasks – and left individuals alone to trade, construct and flourish on their own. It became a lesson in anarchic cooperation and of the essentiality of markets – and, like the Louisiana prison economy below, an ingenious monetary system. It “did not happen by design, but by accident”, Davies writes, and constitutes “an economic puzzle worth unpicking” (p. 72) only if you doubt the beneficial consequences of markets and free people. If you don’t, the result is predictable.

Every month, the Zaatari camp administrators load up payment cards for the refugees with 20 dinars (£23) per person, spendable only in the two camp supermarkets. Designed to be a cashless economy, the money flowed directly from donors to the supermarkets: “refugees cannot transfer cash between wallets, so aid money designated for food cannot be spent on clothes, and the winter clothing allowance cannot be spent on food” (p. 79).

This extreme and artificial economy teaches us something universal about markets; imposed orders, out of touch with market participants’ demands, malfunctions and create huge wastes. Complete monetary control by outsiders, Davies writes, “fails the basic test of any well-functioning market – to be a place where demand meets supply” (pp. 80-81). Supermarkets lacked the things refugees wanted, and they stocked up on things that reflected kickbacks to donor countries (Italian spaghetti or Brazilian coffee), entirely out of sync with Syrian cuisine and preferences. And the unorganic, artificially-set prices were entirely detached from the outside world.

Yet, the refugee city of Zaatari is a flourishing economy where people build, make and trade all kinds of things. How did this happen? Innovative Syrians found a way around their monetary restrictions: the economy of Zaatari “rests on the conversion of homes to business and flipping aid credit, via smuggling, into hard cash” (p. 88). Informal and free markets, at their best.

Along most of the camp’s boundaries, there are no fences, only roads – and the huge number of children playing ball games on the concrete roads or running in and out of the camp, makes identifying who’s a refugee and who’s a teenage smuggler next to impossible. What the refugees did was:

buy some item in the supermarket using the e-card credits provided by UNHCR
sell it to smugglers for less than their outside market value and obtain hard cash in return
smugglers slip out of the camp and sell the goods to Jordanians and other driving past, taking a cut for themselves.

Bottom line: refugees turned 20 dinars of illiquid and restricted e-credit into hard cash, spendable on anything anywhere in the camp. The productive powers of 200,000 refugees was unleashed. In Zaatari, the presence of smugglers allowed large-scale interactions with the outside world – and so the artificially-created closed-loop payment system did not remain closed. Instead, it was connected to the outside Jordanian economy through smuggling!

The take-away point is to cherish market activities, even informal ones, since they “matter to everyone and are fundamentally human” (p. 102). Governments plan and creates problems; markets solve them.

Louisiana State Prison

Analogous to the Zaatari refugees, prisoners in Louisiana’s maximum-security prison (“Angola”) find themselves in a similar economic squeeze: unsatisfied demand and large shortage of goods, artificial constraints on what prisoners can and cannot own. Prisons are places where official prices don’t work: paltry “incomes” through mandatory work stand in no relation to the officially-mandated prices of goods that prisoners can buy at commissary. Accusations of modern slavery comes to mind. The “official price system,” Davies writes, “has been intentionally broken” (p. 119).

To escape their formal and restricted economy, prisoners have long relied on smuggling. Radford’s famous article about cigarettes becoming money in a WWII Prisoners-of-War camp applied – until Angola officials decided to ban tobacco from the premises. Cash too risky to hold; age-old money banned. What now? Fintech to the rescue!

Louisiana prisons “have a remarkable new currency innovation, something far better than tobacco or cans of mackerel”. Physical dollar bills are not handled, bank accounts that leave digital traces are not linked to individuals: “people pay each other with dots”, says an ex-convict that Davies interviewed (p. 132).

Contrary to the belief that smuggling into prisons happen through corrupt prison guards only, prisoners have some power; they can stage riots or make guards’ everyday-life very hard by misbehaving in every imaginable way. That power gives prisoners and guards alike incentives to trade with another – but prisoners don’t have anything to offer, apart from occasional or indivisible services like car repairs or (like Andy Dufresne in the movie Shawshank Redemption) accounting services. And paying guards in commissary products is not gonna cut it.

Here’s how Angola prisoners solved their monetary constraints, obtaining means of payment to smuggle in items their economy’s participants demanded:

set up an account with Green Dot, providing a pre-paid debit card without requirements of ID or proof of address.
buy a second card, a single-use scratch card called MoneyPak, used to load the first card with anywhere between $20 and $500. These cards are usable anywhere that accepts VISA and Mastercards, and easily bought/cashed out at Walmarts or pharmacies.
Scratch away MoneyPak’s 14-digit number (“the dots”), and transfer those digits to somebody else, be it another prisoner or guard.
that person goes online, logs into their Green Dot account, enters the combination and credit is added to their debit card.

The dots, Davies describes, “are a currency close to cash: an instant, simple and safe transfer of value over long distance” (p. 134). Even prison economies, argues Davies, “show that the human urge to trade and exchange information is impossible to repress” (p. 136).

The Economics of Resilience

The power of informal economies are great – and essential to people cut off from regular economic processes. Through natural disasters, in refugee camps or in prisons, innovative people find ways around their imposed-upon constraints and “establish a trading system if theirs is damaged, destroyed or limited in some way”. (p. 135)

Aceh, Zaatari and the Angola prison show “three places where markets, currencies, trade and exchange exist despite all odds.” (p. 139).

Creativity of Hong Kong protesters: Protest Songs

10/06/201910/08/2019 Chhay Lin Lim Current Events, Liberty, Politics Decentralized protests, Hong Kong, Hong Kong protests, Open-source protests, Protest songs, Water revolution

The Hong Kong protests are sometimes called “open-source protests”, “decentralized protests” or “water revolution” due to its leaderless and organic nature. It’s a great example of how order can emerge within a decentralized social organization.

The protests may seem chaotic, but if one looks closer one can easily identify the diversity of roles that protesters and different communication tools are playing – making up an harmonious order. Below, you can find the different groups and tools within the movement that I have been able to identify.

Communication channels	LIHKG, Reddit, Twitter, Telegram, Facebook and more… Communication channels with high encryption standards and servers outside of Hong Kong are preferred as to maintain more privacy and to make it harder for the HK government to close down the servers or seize account information of protesters
Protest songs	Glory to Hong Kong, We Will Fight for Hong Kong, Sing Hallelujah to the Lord, Do you hear the People sing, Below the Lion Rock, Boundless Oceans Vast Skies, Raise the Umbrellas, Add Oil etc…
Teargas ‘fire fighters’	Fire fighters whose main role in the protests is to extinguish the police’s tear gas
Dunkirk moment	When the police shut down the Hong Kong metro system (MTR) after the protests at the HK Airport, most protesters either had to walk home or take the buses back to Hong Kong central. As buses were checked by the police to find, and in many cases arrest, the protesters, some sympathizers of the protests took their cars to HK Airport and give them a ride home
Pro-HK pr	Artists mobilize themselves in Telegram groups – some are as large as containing 200+ artists – to create art and other pr material to support the protests
Suppliers and first-aid people	Suppliers donate anonymous travel cards, cash, clothes, vouchers, temporary housing etc… The first-aid people give medical care to those injured in the protests. They carry around first-aid kits
Protect the Children group	Elderly that come between the police and young protesters during confrontations to give the youngsters time to flee

In this post, I’d like to share some protest songs that have emerged in the past few months. Some songs were specifically created during the protests, while others are older songs that have been adopted to emphasize the spirit of the movement.

Compilation of several Protest Songs

Glory to Hong Kong

We will fight for Hong Kong

Be Water

Do you hear the People sing

Boundless Oceans vast Skies

Fly with You (和你飛)

High Wall and Egg (牆與雞蛋)

This song is based on the following quotation from Haruki Murakami’s Jerusalem Prize acceptance speech in 2009:

If there is a hard, high wall and an egg that breaks against it, no matter how right the wall or how wrong the egg, I will stand on the side of the egg. Why? Because each of us is an egg, a unique soul enclosed in a fragile egg. Each of us is confronting a high wall. The high wall is the system which forces us to do the things we would not ordinarily see fit to do as individuals… We are all human beings, individuals, fragile eggs. We have no hope against the wall: it’s too high, too dark, too cold. To fight the wall, we must join our souls together for warmth, strength. We must not let the system control us – create who we are. It is we who created the system.

No Withdrawal, No Surrender, No Retreat (不撤∙不散∙亦不退)

Welcome to the Black Parade

Where to view live videos on the Hong Kong protests?

10/05/201910/05/2019 Chhay Lin Lim Current Events, Liberty, Politics Hong Kong, Hong Kong protests, Where to watch hong kong protests

I’ve been following the Hong Kong protests very closely since it started. Watching the live videos of the protests gives you a better impression of what Hong Kong is really like at the moment.

In this post, I’d like to share a link where you can view live videos of on the spot journalists:

https://ncehk2019.github.io/nce-live/

Declaration of the Establishment of the Provisional Government of Hong Kong

10/04/201910/04/2019 Chhay Lin Lim Liberty, Politics Anti-mask, Antielab, Five demands, Hong Kong, provisional government Hong Kong, Universal suffrage

The chief executive of Hong Kong has passed the anti-mask law today, further escalating Hong Kongers’ anger. Large groups of protesters in Hong Kong have now declared the establishment of a provisional government of Hong Kong in several neighborhoods.

The main premise of the declaration is that when a government does not represent the people anymore, the people have the right to establish their own government. The English version of the full declaration is as follows:

In the development of human civilisation it is inevitable for a dysfunctional institution to be abolished and replaced by a better one. This is how progress is made. If a government is not of the people, by the people, for the people, then it is inevitable that the people will establish a government of the people. The Hong Kong Special Administrative Region Government has proved itself to be not of the people, by the people, for the people. We hereby declare the establishment of the Provisional Government of Hong Kong.

‘We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.’ We have always identified with this inviolable principle of truth. The government and the legislature are established by the people to ensure that their rights will be protected against encroachment. All the powers of the government are derived from the people. If a government violates this principle, then the people have an absolute right to abolish it and establish a new one.

The HKSAR government, which is controlled by the People’s Republic of China and the Chinese Communist Party, has turned a blind eye to the demands of the people, deprived the people of their rights, failed to enact laws safeguarding the wellbeing of the people, and taken away the freedoms of the people. Today, against the wishes of the majority of the people, the HKSAR government bypassed the Legislative Council and enacted the Anti-Mask Law in a deliberate attempt to deny people the right of assembly. We believe that the HKSAR government has lost its legitimacy as well as the authorisation from the people. We thereby declare the immediate abolition of the powers of the Chief Executive and the principal officials of the HKSAR government.

The Provisional Government of Hong Kong declares:

The departments of the HKSAR government from now on shall be placed under the authority of the Hong Kong Provisional Government;

The chief executive, the chief secretary, the directors and deputy directors of the bureaus, the heads and deputy heads of the departments shall leave office and the new post holders shall be appointed by the Provisional Government;

All departments shall immediately cease all the new policies promulgated by the HKSAR Government since 2018, and personnel at all levels of personnel shall retain office and maintain the operation of necessary services of the departments until further notice;

The Provisional Government’s term ends in five years or until the formation of a government under a chief executive nominated and elected by universal suffrage (whichever is sooner); the Provisional Government shall prepare for the election within one year of its establishment and complete the election within three years;

The chief executive and the appointed officials of the Provisional Government shall not be eligible for appointment as officials of the government or public organisations once they leave office;

The provisions of the Laws of Hong Kong shall remain in force until new laws are enacted by the Hong Kong Provisional Government;

The Legislative Council shall be dissolved and the Provisional Legislative Council shall be elected within three months and the Legislative Council shall be elected within one year; there shall be 70 seats in the Provisional Legislative Council: 12 seats each for Hong Kong Island and the Kowloon West constituencies, 10 seats for East Kowloon East, and 18 seats each for the New Territories West and New Territories East.

Thoughts on Time from a College Library

10/03/201910/03/2019 Kevin Kallmes Culture, Economics, History, Liberty, Philosophy ancient Rome, mortality, On Time, Opportunity Cost, Seneca, social media

Note: This was written by my brother Keith, and he did not originally post it online but sent it to our family members. For being a younger brother, he brings a hell of a lot of wisdom to the table, and I think this thought-provoking epistle deserves to be shared more widely. I am publishing it here, with permission:

From Keith:

I learn a great deal from my family. The facts, figures, and articles that commonly result from discussing and arguing with each other are a reward in and of themselves. As might be expected, many of these experiences and facts are soon forgotten, making way for new debates. Once in a while, however, when discussing a topic, we–or I–stumble upon an insight which radically changes, clarifies, or re-enforces my understanding.

In recent months, I had two routine, incidental, and unrelated conversations, one with my brother, and the other with my sister. The conversation with my sister did not start during some contentious economic debate, but when we were eating dinner together. Offhand, my sister said to me: “Keith, I have really come to appreciate the ideas from your econ classes you told me about, like opportunity cost, especially the opportunity cost of time spent on one task being a loss of all other possible actions. When I applied those ideas to my everyday life, I saw a marked improvement, because I had become more efficient, simply from valuing my time appropriately.” We often complain that few people these days recognize how econ is not a theory of how society works but of how math can represent human reality at any level. This is one case where there are real, personal benefits from understanding the math of limited lifespan.

My second recent conversation of note did not concern this day and age, in fact, it concerned the ideas of a wealthy 2000-year-old Roman by the name of Seneca. My brother had recently been translating his Epistulae morales ad Lucilium (literally “Moral letters to Lucilius” in Latin, courtesy of Wikipedia), and had stumbled upon Roman intellectual gold. Any attempt of mine to summarize the ideas in the letter would be less than adequate, so I shall copy it here. I know that it is long, and rather Latin-ish, but I would encourage anyone to take the time to read it, if only because reading it will pay your time back, with interest:

Greetings from Seneca to his friend Lucilius.

Continue to act in the way you described, my dear Lucilius: set yourself free for your own sake; gather and save your time, which till lately has been forced from you, or stolen away, or has merely slipped from your hands. Make yourself believe the truth of my words, that certain moments are torn from us, that some are gently removed, and that others glide beyond our reach. The most disgraceful kind of loss, however, is that due to carelessness. Furthermore, if you will pay close heed to the problem of lost time, you will find that the largest portion of our life passes while we are doing ill, a goodly share while we are doing nothing, and the whole while we are doing that which is not to the purpose. What man can you show me who places any value on his time, who reckons the worth of each day, who understands that he is dying daily? For we are mistaken when we look forward to death; the major portion of death has already passed, Whatever years be behind us are in death’s hands.

Therefore, Lucilius, do as you write me that you are doing: hold every hour in your grasp. Lay hold of today’s task, and you will not need to depend so much upon to-morrow’s. While we are postponing, life speeds by. Nothing, Lucilius, is ours, except time. We were entrusted by nature with the ownership of this single thing, so fleeting and slippery that anyone who will can oust us from possession. What fools these mortals be! They allow the cheapest and most useless things, which can easily be replaced, to be charged in the reckoning, after they have acquired them; but they never regard themselves as in debt when they have received some of that precious commodity: time! And yet time is the one loan that even a grateful recipient cannot repay.

You may desire to know how I, who preach to you so freely, am practising. I confess frankly: my time account balances, as you would expect from one who is free-handed but careful. I cannot boast that I waste nothing, but I can at least tell you what I am wasting, and the cause and manner of the loss; I can give you the reasons why I am a poor man. My situation, however, is the same as that of many who are reduced to slender means through no fault of their own: everyone forgives them, but no one comes to their rescue.

What is the state of things, then? It is this: I do not regard a man as poor, if the little which remains is enough for him. I advise you, however, to keep what is really yours; and you cannot begin too early. For, as our ancestors believed, it is too late to spare when you reach the dregs of the cask. Of that which remains at the bottom, the amount is slight, and the quality is vile.

Farewell

After listening to my brother dictate the whole of this letter, I felt genuine chills. The truth it contains is so blatant, a simple calculation could yield the same result: life is made up of a limited number of hours, therefore life is time. Whenever you work, you are giving up your time for money (hence the old adage that time is money). This means that whenever you waste time, or money, you are wasting your life, and wasted life is death. This single fact horrifies me every day, because like most every other human, I waste an obscene amount of time. Time watching a movie I have already seen, trolling through Facebook without really reading any of the posts, or having the same argument all over again: rarely, when I am doing these things do I think about what else I could be doing.

Therein lies the link, which most will have already seen, between my two conversations. Our time is not free. Every moment we spend sleeping, eating, studying, etc., has a cost–an opportunity cost–and once it has been spent, if it was not truly the best way to spend it, then some small part of your life has been lost without reward.

I see this nearly everywhere: students doze off in class or idly check their email or texts, they, when “studying” in the library, will spend a majority of the time effectively idle. Writing this, I am in a college library, and with sample size n=11, I may, without prying too much, say that ~7/11ths of my fellow computer users are not doing what they came intending to do. They are wasting time they will not get back.

And so I say to you, whoever you may be reading this (perhaps idly), much the same as what Seneca might say to you, only I will say it less eloquently, and more directly: value your time. Do not waste it. Work on being efficient not for the sake of productivity, but for the sake of leisure, for we all have our jobs to do, and if we get them done faster then there is more time for enjoyment. If you spent less time complaining, you might spend that time actively addressing your problems, solving them rationally and thus eliminating your cause for complaint.

Vale.

Global Warming: Take Off My Sweater?

09/28/201909/28/2019 Jacques Delacroix Current Events, Liberty causality, climate change, knowledge, learning, narrative, scientific method, skepticism, statistics, Wall Street Journal

There is a new UN Intergovernmental Panel on Climate Change report. It contains nothing but bad news, of course. But I am busy with my real life; I have obligations to others; I have to feed myself and shower; I even go to the gym regularly. What to do? Just trust a hysterical sixteen-year-old? (Yes, I mean Greta.)

When someone or something claims that there is, has been, change in something I perceive might be important, I apply the following four quick tests. I do this to decide how much I must attention I should pay to the change news.

1 Source credibility

Not all sources are created equal. Some stink, some have a long record of being reliable. The Wall Street Journal is one of the latter. Almost all anonymous internet sources are not even sources. The National Enquirer will publish anything (although it has had a few remarkable scoops). Normal sixteen-year old girls are only credible when they pronounce on show biz stars or on something related to a skill they have personally acquired, such as piano or gymnastics.

2 Main text: description of process

I scrutinize the description at the heart of the announcement of change though only for a short time. Does the process described make sense? Is it derived in an intelligible way from a study, or studies, that conform to conventional scientific, or other scholarly standards? If no claim is made that they do, they don’t, ever. If there is such a claim, there can still be abuse but there will shortly be a denunciation, in most cases, at least.

3 Narrative around description

Most change descriptions not directly in a scholarly journal come wrapped up inside a narrative. The narrative is often more interesting than the findings to which they are supposed to be linked. That’s intentional but dangerous. Suppose your doctor carefully measures your heartbeat and records his observations. Suppose that then, he gives you a very good lecture on the faults of Social Security. However valid the latter is, it should gain no authority whatsoever from the impeccable measurement of you heartbeat. This is a crude example but people do this sort of things all the time. Do you think climate activist do?

I ask myself how tightly connected the narrative is to the straightforward description of the relevant change? Often the answer is: barely, sometimes: not at all.

4 Gauging critically the order of magnitude of change

Suppose I tell you that I have lost weight. (I could use that.) Courtesy requires that you congratulate me but rationality demands that you ask: How much? If my response is one ounce, you will tend to dismiss my announcement and you will be right. One ounce out of 220 lbs is like nothing. (That’s aside from the fact that it might actually be nothing, a measurement error.)

The mysterious issue of “statistical significance” (that I will resist going into here though I am tempted) is only indirectly related to this matter. A difference between before and after, for example, may be statistically significant but yet, completely unimportant.

The short Wall Street Journal piece (1) covering the publication of the report is rich in narrative and short on figures. (That’s usually the case with climate change announcements, I think.) On rare figure drew my attention:

In the past 140 years -covering most but not quite all of the Industrial Age – global surface temperatures have risen by one (unit) degree Celsius.

To give you a practical idea, that’s not enough of a rise to cause me to take off my cotton sweater, or even to unbutton the top of my shirt. If the temperature rose by only one C between 8 am and noon, I would think something was wrong with the weather! I can easily believe that at this rate, in another 1400 years, it will be ten degree centigrade (Celsius) warmer and, we will still be here. That’s unless something else, something much more likely, like an epidemic. wipes us out. (2) and (3).

As this example illustrates, it may often be wise too reverse the critical sequence described above. Why bother to assess the source credibility associated with an announced change, or the conformity of the description change process to good scientific practice, or check out the attachment of the surrounding narratives to the process in the description, why do all this if the measured change is too small to merit attention?

My more complete ruminations on climate change skepticism are in Liberty Unbound: “Climate Change Denier.”

Endnotes

1 “U.N. Panel Sees Threat to Ocean” – by Robert Lee Hotz, Wall Street Journal 9/26/19, P. A8.

2 I am well aware that this is a sort of arithmetic average. Surface temperature may have gone up more in some areas and less in others. They may have declined in some places. If the subject is dealt with, it will be in: Watts Up with That.

3 The WSJ accounts implies that the UN report is oddly concerned with fisheries. This is odd because fishermen have known forever that there are warm and cool patches at the same latitude in the oceans. They also know that those shift positions and that the positions of such warm and cool patches affect the movements of fish.

Musings on opinions: de gustibus non est disputandum

09/27/201904/15/2020 Joakim Book Comments, Culture, Economics, Liberty causality, conspiracy theories, knowledge, learning, science, scientific method

A well-known Latin adage reads “de gustibus non est disputandum”, roughly translated as “about tastes it should not be disputed”. In English, we usually refer to the maxim as “over tastes there is no argument”, indicating the economist’s fundamental creed that tastes and preferences may very well come from somewhere but are useless to argue over. We can’t prove them. We can’t disavow them. Ultimately, they just are and we have to live with that.

In November last year, ridiculing a prominent Swedish politician, I used the example of ice-cream flavours to illustrate the point:

“I like ice-cream” is an innocent and unobjectionable opinion to have. Innocent because hey, who doesn’t like ice-cream, and unobjectionable because there is no way we can verify whether you actually like ice-cream. We can’t effortlessly observe the reactions in your brain from eating ice-cream or even criticize such a position.

Over tastes there is no dispute. You like what you like. We can theorize all we want over sociological or cultural impacts, or perhaps attempt to trace biological reasons that may explain why some people like what they like – but ultimately we must act in the world (Proposition #1) and so we shrug our shoulders and get on with life. We accept that people believe, like, and prefer different things and that’s that.

Being strange rationalising creatures, you don’t have to scratch humans very deeply before you encounter convictions or beliefs that make no sense whatsoever. Most of the time we’re talking plainly irrational or internally inconsistent beliefs, but, like most tastes and political opinions, they are very cheap to hold – you are generally not taxed or suffer noticeable disadvantages from holding erroneous or contradictory beliefs. Sometimes, by giving the speaker social kudos for believing it, the cost of holding an erroneous belief might even be negative – openly portraying it gives us benefits with our in-group. (yes, we’re all Caplanites now).

Let’s continue the “what to eat” comparison since, apparently, the personal is political and what I eat seems recently to be everybody else’s business too.

When I make a decision in the world (as I must to stay alive, Proposition #1), I occasionally feel the urge to explain that choice to others – because they ask or because I submit to the internalised pressure. I might say “eating ice-cream is good for me” (Proposition #2a).

Now, most people would probably consider that statement obviously incorrect (ice-cream is a sweet, a dessert; desserts make you fat and unhealthy, i.e. not good for you). The trouble is, of course, that I didn’t specify what I meant by “good for me”. It’s really unclear what that exactly means, since we don’t know what I have in mind and what I value as “good” (taste? Longevity? Complete vitamins? How it makes me feel? Social considerations?).

This version of Proposition 2a therefore essentially reverts back to a Proposition 1 claim; you can like whatever you want and you happen to like what ice-cream does to you in that dimension (taste, feeling, social consideration). Anything still goes.

I might also offer a slightly different version (Proposition #2b) where I say “eating ice-cream is good for me because it cures cancer”.

Aha! Now I’ve not only given you a clear metric of what I mean by ‘good’ (curing cancer), I’ve also established a causal mechanism about the world: ice-cream cures cancer.

By now, we’ve completely left the domain of “everything goes” and “over tastes there is no argument”. I’m making a statement about the world, and this statement is ludicrous. Admittedly, there might be some revolutionary science that shows the beneficial impacts of ice-cream on cancer, but I seriously doubt it – let’s say the causal claim here is as incorrect and refuted as a claim can possibly be.

Am I still justified in staying with my conviction and eating ice-cream? No, of course not! I gave a measure of what I meant by ‘good’ and clear causal criteria (“cure cancer”) for how ice-cream fits into that – and it’s completely wrong! I must change my beliefs, accordingly – I am no longer free to merely believe whatever I want.

If I don’t change my behaviour and maintain enjoying my delicious chocolate-flavoured ice-cream, two things happen: First, I can surrender my outrageous claim and revert back to Proposition 1. That’s fine. Or I can amend Proposition 2b into something more believable – like “eating ice-cream makes me happy, and I like being happy”.

What’s the story here?

If we substitute ice-cream for – I posit with zero evidence – the vast majority of people’s beliefs (about causality in the world, about health and nutrition, about politics, about economics and religion), we’re in essentially the same position. All those convictions, ranging from what food is good for you, to how that spiritual omnipotent power you revere helps your life, to what the government should do with taxes or regulations to reduce poverty, are most likely completely wrong.

Sharing my own experiences or telling stories about how I solved some problem is how we socially interact as humans – that’s fine and wonderful, and essentially amounts to Proposition 1-style statements. If you and I are sufficiently alike, you might benefit from those experiences.

Making statements about the world, however, particularly causal relations about the world, subjects me to a much higher level of proof. Now my experiences or beliefs or tastes are not enough. Indeed, it doesn’t even matter if I invoke the subjective and anecdotal stories of a few friends or this or that family member. I’m still doing sh*t science, making claims about the world on seriously fragile grounds. It’s not quite Frankfurt’s “Bullshit” yet, since we haven’t presumed that I don’t care about the truth, but as a statement of the world, what I’m saying is at least garbage.

I am entitled to my own beliefs and tastes and political “opinions“, whatever that means. I am not, however, entitled to my own facts and my own causal mechanisms of the world.

Keeping these spheres separate – or at least being clear about moving from one to the other – ought to rank among the highest virtues of peaceful human co-existence. We should be more humble and realise that on most topics, most of the time, we really don’t know. But that doesn’t mean anything goes.

Hyperinflation and trust in Ancient Rome

09/16/201909/16/2019 Kevin Kallmes Books, Economics, History, Law, Liberty ancient Rome, bureaucracy, debasement, fiat currency, hyperinflation, social trust, Venezuela

Since it hit 1,000,000% in 2018, Venezuelan hyperinflation has actually been not only continuing but accelerating. Recently, Venezuela’s annual inflation hit 10 million percent, as predicted by the IMF; the inflation jumped so quickly that the Venezuelan government actually struggled to print its constantly-inflated money fast enough. This may seem unbelievable, but peak rates of monthly inflation were actually higher than this in Zimbabwe (80 billion percent/month) in 2008, Yugoslavia (313 million percent/month) in 1994, and in Hungary, where inflation reached an astonishing 41.9 quadrillion percent per month in 1946.

The continued struggles to reverse hyperinflation in Venezuela are following a trend that has been played out dozens of times, mostly in the 20th century, including trying to “reset” the currency with fewer zeroes, return to barter, and turning to other countries’ currencies for transactions and storing value. Hyperinflation’s consistent characteristics, including its roots in discretionary/fiat money, large fiscal deficits, and imminent solvency crises are outlined in an excellent in-depth book covering 30 episodes of hyperinflation by Peter Bernholz. I recommend the book (and the Wikipedia page on hyperinflations) to anyone interested in this recurrent phenomenon.

However, I want to focus on one particular inflationary episode that I think receives too little attention as a case study in how value can be robbed from a currency: the 3rd Century AD Roman debasement and inflation. This involved an iterative experiment by Roman emperors in reducing the valuable metal content in their coins, largely driven by the financial needs of the army and countless usurpers, and has some very interesting lessons for leaders facing uncontrollable inflation.

The Ancient Roman Currency

The Romans encountered a system with many currencies, largely based on Greek precedents in weights and measures, and iteratively increased imperial power over hundreds of years by taking over municipal mints and having them create the gold (aureus) and silver (denarius) coins of the emperor (copper/bronze coins were also circulated but had negligible value and less centralization of minting). Minting was intimately related to army leadership, as mints tended to follow armies to the front and the major method of distributing new currency was through payment of the Roman army. Under Nero, the aureus was 99% gold and the denarius was 97% silver, matching the low debasement of eastern/Greek currencies and holding a commodity value roughly commensurate with its value as a currency.

The Crisis of the Third Century

However, a major plague in 160 AD followed by auctions of the imperial seat, major military setbacks, usurpations, loss of gold from mines in Dacia and silver from conquest, and high bread-dole costs drove emperors from 160-274 AD to iterative debase their coinage (by reducing the size and purity of gold coins and by reducing the silver content of coins from 97% to <2%). A major bullion shortage (of both gold and silver) and the demands of the army and imperial maintenance created a situation where a major government with fiscal deficits, huge costs of appeasing the army and urban populace, and diminishing faith in leaders’ abilities drove the governing body to vastly increase the monetary volume. This not only reflects Bernholz’ theories of the causes of hyperinflations but also parallels the high deficits and diminishing public credit of the Maduro regime.

Inflation and debasement

Unlike modern economies, the Romans did not have paper money, and that meant that to “print” money they had to debase their coins. The question of whether the emperor or his subjects understood the way that coins represented value went beyond the commodity value of the coins has been hotly debated in academic circles, and the debasement of the 3rd century may be the best “test” of whether they understood value as commodity-based or as a representation of social trust in the issuing body and other users of the currency.

Given that the silver content of coins decreased by over 95% (gold content decreased slower, at an exchange-adjusted rate shown in Figure 1) from 160-274 AD but inflation over this period was only slightly over 100% (see Figure 2, which shows the prices of wine, wheat, and donkeys in Roman Egypt over that period as attested by papyri). If inflation had followed the commodity value of the coins, it would have been roughly 2,000%, as the coins in 274 had 1/20th of the commodity value of coins in 160 AD. This is a major gap that can only be filled in by some other method of maintaining currency value, namely fiat.

Effectively, a gradual debasement was not followed by insipid ignorance of the reduced silver content (Gresham’s Law continued to influence hoards into the early 3rd Century), but the inflation of prices also did not match the change in commodity value, and in fact lagged behind it for over a century. This shows the influence of market forces (as monetary volume increased, so did prices), but soundly punctures the idea that coins at the time were simply a convenient way to store silver–the value of the coins was in the trust of the emperor and of the community recognition of value in imperial currency. Especially as non-imperial silver and gold currencies disappeared, the emperor no longer had to maintain an equivalence with eastern currencies, and despite enormous military and prestige-related setbacks (including an emperor being captured by the Persians and a single year in which 6 emperors were recognized, sometimes for less than a month), trade within the empire continued without major price shocks following any specific event. This shows that trust in the solvency and currency management by emperors, and trust in merchants and other members of the market to recognize coin values during exchanges, was maintained throughout the Crisis of the Third Century.

Imperial communication through coinage

This idea that fiat and social trust maintained higher-than-commodity-values of coins is bolstered by the fact that coins were a major method of communicating imperial will, trust, and power to subjects. Even as Roman coins began to be rejected in trade with outsiders, legal records from Egypt show that the official values of coins was accepted within the army and bureaucracy (including a 1:25 ratio of aureus-to-denarius value) so long as they depicted an emperor who was not considered a usurper. Amazingly, even after two major portions of the empire split off–the Gallic Empire and the Palmyrene Empire–continued to represent their affiliation with the Roman emperor, including leaders minting coins with their face on one side and the Roman emperor (their foe but the trusted face behind Roman currency) on the other and imitating the symbols and imperial language of Roman coins, through their coins. Despite this, and despite the fact that the Roman coins were more debased (lower commodity value) compared to Gallic ones, the Roman coins tended to be accepted in Gaul but the reverse was not always true.

Interestingly, the aureus, which was used primarily by upper social strata and to pay soldiers, saw far less debasement than the more “common” silver coins (which were so heavily debased that the denarius was replaced with the antoninianus, a coin with barely more silver but that was supposed to be twice as valuable, to maintain the nominal 1:25 gold-to-silver rate). This may show that the army and upper social strata were either suspicious enough of emperors or powerful enough to appease with more “commodity backing.” This differential bimetallist debasing is possibly a singular event in history in the magnitude of difference in nominal vs. commodity value between two interchangeable coins, and it may show that trust in imperial fiat was incomplete and may even have been different across social hierarchies.

Collapse following Reform

In 274 AD, after reconquering both the Gallic and Palmyrene Empire, with an excellent reputation across the empire and in the fourth year of his reign (which was long by 3rd Century standards), the emperor Aurelian recognized that the debasement of his currency was against imperial interests. He decided to double the amount of silver in a new coin to replace the antoninianus, and bumped up the gold content of the aureus. Also, because of the demands of ever-larger bread doles to the urban poor and alongside this reform, Aurelian took far more taxes in kind and far fewer in money. Given that this represented an imperial reform to increase the value of the currency (at least concerning its silver/gold content), shouldn’t it logically lead to a deflation or at least cease the measured inflation over the previous century?

In fact, the opposite occurred. It appears that between 274 AD and 275 AD, under a stable emperor who had brought unity and peace and who had restored some commodity value to the imperial coinage, with a collapse in purchasing power of the currency of over 90% (equivalent to 1,000% inflation) in several months. After a century in which inflation was roughly 3% per year despite debasement (a rate that was unprecedentedly high at the time), the currency simply collapsed in value. How could a currency reform that restricted the monetary volume have such a paradoxical reaction?

Explanation: Social trust and feedback loops

In a paper I published earlier this summer, I argue that this paradoxical collapse is because Aurelian’s reform was a blaring signal from the emperor that he did not trust the fiat value of his own currency. Though he was promising to increase the commodity value of coins, he was also implicitly stating (and explicitly stating by not accepting taxes in coin) that the fiat value that had been maintained throughout the 3rd Century by his predecessors would not be recognized going forward by the imperial bureaucracy in its transactions, thus signalling that for all army payment and other transactions, the social trust in the emperor and in other market members that had undergirded the value of money would now be ignored by the issuing body itself. Once the issuer (and a major market actor) abandoned fiat currency and stated that newly minted coins would have better commodity value than previous coins, the market–rationally–answered by moving quickly toward commodity value of the coins and abandoned the idea of fiat.

Furthermore, not only were taxes taken in kind rather than coin, but there was widespread return to barter as those transacting tried to avoid holding coins as a store of value. This pushed up the velocity of money (as people abandoned it as a store of value and paid higher and higher amounts for commodities to get rid of their currency). The demonetization/return to barter reduced the market size that was transacted in currency, meaning that there were even more coins (mostly aureliani, the new coin, and antoniniani) chasing fewer goods. The high velocity of money, under Quantity Theory of Money, would also contribute to inflation, and the unholy feedback loop of decreasing value causing distrust, which caused demonetization and higher velocity, which led to decreasing value and more distrust in coins as stores of value kept this cycle going until all fiat value was driven out of Roman coinage.

Aftermath

This was followed by Aurelian’s assassination, and there were several monetary collapses from 275 AD forward as successive emperors attempted to recreate the debased/fiat system of their predecessors without success. This continued through the reign of Diocletian, whose major reforms got rid of the previous coinage and included the famous (and famously failed) Edict on Maximum Prices. Inflation continued to be a problem through 312 AD, when Constantine re-instituted commodity-based currencies, largely by seizing the assets of rich competitors and liquidating them to fund his army and public donations. The impact of that sort of private seizure is a topic for another time, but the major lesson of the aftermath is that fiat, once abandoned, is difficult to restore because the very trust on which it was based has been undermined. While later 4th Century emperors managed to again debase without major inflationary consequences, and Byzantine emperors did the same to some extent, the Roman currency was never again divorced from its commodity value and fiat currency would have to wait centuries before the next major experiment.

Lessons for Today?

While this all makes for interesting history, is it relevant to today’s monetary systems? The sophistication of modern markets and communication render some of the signalling discussed above rather archaic and quaint, but the core principles stand:

Fiat currencies are based on social trust in other market actors, but also on the solvency and rule-based systems of the issuing body.
Expansions in monetary volume can lead to inflation, but slow transitions away from commodity value are possible even for a distressed government.
Undermining a currency can have different impacts across social strata and certainly across national borders.
Central abandonment of past promises by an issuer can cause inflationary collapse of their currency through demonetization, increased velocity, and distrust, regardless of intention.
Once rapid inflation begins, it has feedback loops that increase inflation that are hard to stop.

The situation in Venezuela continues to give more lessons to issuing bodies about how to manage hyperinflations, but the major lesson is that those sorts of cycles should be avoided at all costs because of the difficulty in reversing them. Modern governments and independent currency issuers (cryptocurrencies, stablecoins, etc.) should take lessons from the early stages of previous currency trends toward trust and recognition of value, and then how these can be destroyed in a single action against the promised and perceived value of a currency.

Atomistic? Moi?

09/09/2019 Nick Cowen Liberty, Links, Philosophy David Hume, F.A. Hayek, liberalism, postmodernism, rationality

I have written a brief paper entitled ‘Hayek: Postatomic Liberal’ intended for a collection on anti-rationalist thinkers. For the time being, the draft is available from SSRN and academia.edu. Here are a couple of snippets:

Hayek offers a way of fighting the monster of Rationalism while avoiding becoming an inscrutable monster oneself. The crucial move, and in this he follows Hume, is to recognize the non-rational origins of most social institutions, but treating this neither as grounds for dismissal of those institutions as unsound, nor an excuse to retreat from reason altogether. Indeed, reason itself has non-rational, emergent origins but is nevertheless a marvelous feature of humanity. Anti-rationalist themes that appear throughout Hayek’s work include: an emphasis on learning by processes of discovery, trial and error, feedback and adaptation rather than knowing by abstract theorizing; and the notion that the internal processes by which we come to a particular belief or decision is more complex than either a scientific experimenter or our own selves in introspection can know. We are always, on some level, a mystery even to ourselves…

Departing from Cartesian assumptions of atomistic individualism, this account can seem solipsistic. When we are in the mode of thinking of ourselves essentially as separate minds that relate to others through interactions in a material world, then it feels important that we share that world and are capable of clear communication about it and ourselves in order to share a genuine connection with others. Otherwise, we are each in our separate worlds of illusion. From a Hayekian skeptical standpoint, the mind’s eye can seem to be a narrow slit through which shadows of an external world make shallow, distorted impressions on a remote psyche. Fortunately, this is not the implication once we dispose of the supposedly foundational subject/object distinction. We can recognize subjecthood as an abstract category, a product of a philosophy laden with abstruse theological baggage… During most of our everyday experience, when we are not primed to be so self-conscious and self-centered, the phenomenal experience of ourselves and the environment is more continuous, flowing and irreducibly social in the sense that the categories that we use for interacting with the world are constituted and remade through interactions with many other minds.

The mythology of Lochner v. New York

08/29/201908/30/2019 Ethan Blevins Law, Liberty alexander bickel, david bernstein, janice rogers brown, liberty of contract, lochner v. new york, New Deal, Supreme Court

In the highly competitive world of most misunderstood Supreme Court decisions, Lochner v. New York sits high on the list. The reason is simple enough: it has undergone a transcendent ascent to the world of abstraction, where it now embodies the platonic essence of a black-robed cadre of old, straight, white men hankering to smash the plebeian’s face in the dirt.

Yesterday, the Intelligencer–a publication of New York Magazine–dragged out these old tropes with the galumphing rhetoric typical of someone simply parroting a battered playbook with no real concern for its accuracy. The article is entitled, “Conservatives Want a ‘Republic’ to Protect Privileges.” Its basic premise is to push back against the anti-democratic tendencies of those who oppose direct, untrammeled democracy.

The article lists several “limitations on democracy to justify and even expand privilege.” The second references the conservative legal movement’s supposed attempt to resurrect the “Lochner era,” in order to protect the wealthy from democratic majorities.

First, off, it’s wrong to say that the “conservative legal movement” wants to revive Lochner. Both progressive and conservative jurists are generally united in their rejection of Lochner. Robert Bork, a thoroughly majoritarian conservative, railed against the case, as did Justice Antonin Scalia. Granted, this is because the conservative legal movement, sadly, has largely embraced the progressive juridical project of the 30’s, which was devoted to weakening the judiciary in order to shove the New Deal down the nation’s throat.

Second, Lochner‘s many detractors almost never grapple with the facts of the case. As a result, they frequently misunderstand it. Here’s what actually happened. In the early 1900’s, New York enacted a nitpicky law that saddled bakeries with an avalanche of finite requirements–limits on ceiling heights, limits on the kind of floor, and the demand to whitewash the walls every three months, among other things. But the provision dealt with in Lochner was this: “No employee shall be required or permitted to work in a biscuit, bread or cake bakery or confectionary establishment than 60 hours in one week or more than 10 hours in any one day.”

A Bavarian immigrant named Joseph Lochner who owned a Utica bakery was criminally indicted for violating this law. Aman Schmitter, another immigrant, lived with his family above the bakery and worked for Joseph. Aman happily worked over sixty hours a week in order to care for his family and increase his skills, and he said so in a sworn affidavit.

It is undisputed that New York’s law was not about health, safety, or protecting workers, though New York tried to say so at the time. Rather, New York passed the law at the behest of powerful bakeries and baker unions in a patent attempt to crush small, family-owned bakeries that relied upon flexible work schedules. It gets worse–the law intentionally targeted immigrant bakeries in particular, which tended to be of the small variety that leaned on overtime. The state’s legal brief contained a detestable line that progressives today would certainly associate with Trump: “there have come to [New York] great numbers of foreigners with habits which must be changed.” This is the law that progressives who hate Lochner are defending.

In a 5-4 decision, the Supreme Court thankfully struck down this law that was passed to serve the powerful and crush a weak immigrant population. Put that way, it seems startling that anyone today would wish to stand up for this piece of anti-immigrant, protectionist garbage.

But then again, Lochner is no longer about Lochner. It’s about rejecting a mythical “Lochner era.” Progressives believe that Lochner represented an entire ecosystem of turn-of-the-century jurisprudence in which corrupt judges were smothering the will of the people wholesale. Turns out that era never existed. Law professor David Bernstein has examined old court records concerning state exercises of their police power during that time period and found that there simply was no lengthy period in which courts were whack-a-moling every piece of social legislation that dared to lift its head.

To the extent that courts of that era did strike down social legislation under the liberty of contract, they did so not to serve the wealthy, but to protect weak minorities–which is of course why robust judicial review exists in the first place. For instance, the Illinois state supreme court struck down a deeply misogynistic law limiting women’s maximum work hours. The Court used the same liberty-of-contract reasoning as Lochner, arguing that women “are entitled to the same rights under the Constitution to make contracts with reference to their labor as are secured thereby to men.” And in Bailey v. Alabama, the wicked Lochner Court struck down a Jim Crow law that created a presumption of fraud when a worker quit after getting an advance payment. The law was aimed at penalizing black workers–an attempt essentially to revive peonage. Do progressives really want to own up to disagreeing with these “Lochner era” precedents? Somehow I doubt it.

Lochner did not, as Lochner‘s enemies love to claim, replace the legislature’s judgment with the judgment of the Court. Instead, the Court was willing to look skeptically at the legislature’s motives and demand that the legislature do its work and show that a law burdening a basic right is necessary. The New York law failed that test spectacularly.

Of course, Lochner‘s legacy does demand that courts counter democratic will when it conflicts with fundamental rights. Alexander Bickel famously called this the counter-majoritarian difficulty, something that has preoccupied the judiciary for a century. If you really care about minorities, though, you might consider Judge Janice Rogers Brown’s insight: “But the better view may be that the Constitution created the countermajoritarian difficulty in order to thwart more potent threats to the Republic: the political temptation to exploit the public appetite for other people’s money–either by buying consent with broad-based entitlements or selling subsidies, licensing restrictions, tariffs, or price fixing regimes to benefit narrow special interests.”

In any case, if progressives continue to take a polly-anna view of unfettered democracy despite the evidence, they should at least bother to get the facts right on Lochner.

Notes On Liberty

Spontaneous thoughts on a humble creed

Liberty

Davies’ “Extreme Economies” – Part 2: Failure

Darien, Panama

Kinshasa, Democratic Republic of the Congo (DRC)

Rethinking the Yellowbelt: Report Release

Wiener Moderne and Austrian Economics – A product of times of turmoil

The Wiener Moderne: Flight into the irrational

Economics – Role of the scientist in society

Conclusion

Perspective and riches

Joker: an evidence-based criminology review (spoilers)

Davies’ “Extreme Economies” – Part 1: Survival

Aceh, Indonesia

Zaatari, Jordan

Louisiana State Prison

The Economics of Resilience

Creativity of Hong Kong protesters: Protest Songs

Compilation of several Protest Songs

Where to view live videos on the Hong Kong protests?

Declaration of the Establishment of the Provisional Government of Hong Kong

Global Warming: Take Off My Sweater?

Musings on opinions: de gustibus non est disputandum

What’s the story here?

Atomistic? Moi?

The mythology of Lochner v. New York

Darien, Panama

Kinshasa, Democratic Republic of the Congo (DRC)

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The Wiener Moderne: Flight into the irrational

Economics – Role of the scientist in society

Conclusion

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Aceh, Indonesia

Zaatari, Jordan

Louisiana State Prison

The Economics of Resilience

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Compilation of several Protest Songs

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What’s the story here?

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