Civilization: A Praxeology

…and they say praxeology is flawed…

A thought-game by L.A. Repucci

Okay; suppose civilization collapses.  Positing the end of our current human paradigm — the sum of our economic, governmental and technological works subtracted — is a non-partisan exercise.  Both ends the ideological spectrum are ever doomsday prophets, decrying an immanent collapse, undone either by means of our State or our Liberty.

‘Resources are held in Common!’ cries the socialist.  ‘Property is product of my Life and Liberty’ cries the anarchist…both claim we are robbing ourselves blind.  Let’s skip  the part of the process where the libertarians and collectivists argue about roads and markets, and just imagine the ‘end’ is behind us all, and we (any two or more parties) survived, and are left to re-establish civilization.  This proposition is essentially a ‘dropped on a deserted island’ scenario — an exercise in pure a priori, inductive inquiry.

We are left to our own devices; a natural state with no default preset values, no existing law or paper contracts, no social institution, normative or common tradition.

It’s just you, me, and the pile of radioactive rubble that previously was a long-defunct post office.

How to proceed?  What rules shall we make for ourselves, and how should we best go about the process of survival?

Please, feel free to take your turn by leaving a comment — this is an open-ended invitation to engage in the process of civilization. In the interest of intellectual honesty, I would offer that it is entirely my intention to pursue a libertarian outcome, to our mutual benefit.

Game On. =)

“Could we build a bridge between Austrian Economics and New Institutional Economics? – A Pre-History of Soft Budget Constraint”

This is the title of a paper by Claudio Shikida. Here’s the abstract:

The concept of soft budget constraint is recent in economic analysis. It has become increasingly important in economic theory, for its role as a system of incentives. However, soft budget constraint plays also an important role in the history of economic thought, where it can be traced back until Mises’s writings on economic calculation and property rights, both derived from the debate of the economic calculation in socialist regimes. In this sense, soft budget constraint can be viewed as a bridge between Austrian Economics and New Institutional Economics. Since Mises, like other Austrian economists, is virtually ignored in Brazilian courses of Economic Thought, this article intends to show his importance as a forerunner of the concept of soft budget constraint, and will try to link these two theoretical views of economic systems.

You can read the whole thing here. Any thoughts?

What is Reality?

by Fred Foldvary

Reality is what actually exists. The philosophical question is how can we know reality. Idealists say that all we can do is perceive, and we cannot prove that objects exist in the way we perceive them, and so there is no objective reality. Some idealists go further and claim that all knowledge is based on language. In contrast, realists claim that there is indeed an objective reality apart from our perceptions.

In my judgment, the two methods that best justify a view of reality are foundationalism and coherentism. In foundationalism, truth is founded on a foundation of premises from which a structure of proposition is constructed or derived using on logic and evidence. In coherentism, truth is based on the logical consistency of observations. Coherentism has to have a foundation in order to judge consistency, so the two methods are perfect and necessary complements.

The outcome of coherent foundationalism is what philosopher Edward Pols calls “radical realism.” As I analyze it, the proposition of radical realism is that there is an objective reality apart from any perceptions. However, all that human and other living beings can know is logical propositions and observations. The problem with observations is that they can be false, and that facts are necessarily interpreted.

Reality is derived from observations that are filtered by logical consistency. A person can judge the consistency of objects over time. If I wake up and see a picture, and it is also there the next day, and every day, then this consistency leads me to believe that the picture is actually there. Consistency also involves agreement by a group of persons that their observations are the same. If I see a cat, maybe I imagined it, but if you see it also, and so do many others, then the conclusion that the cat is there is warranted by consistency across persons.

An idealist will reply that even if many people agree about some object, and it is observed consistently over time, it could be a continuing mass illusion. It is still no more than an observation. Radical realism does not deny that what is observed – seen, heard, touched, tasted, smelled – are sensations in the brain. What makes this realism radical, going to the roots of the issue, is the proposition that this is what reality is. Radical realism is the proposition that empirical reality consists of consistent observations and their logical deductions.

Radical realism differs from merely empirical realism in claiming that the observed objects actually exist, so that perceptions are not merely accepted as being useful. Idealists say that when an ordinary person accepts observations as real, this, what is called “direct knowing,” is “native realism” or “vulgar realism” because one cannot logically derive from observations the objective reality of the objects. But radical realism does not blindly accept the reality of observations. It sieves the observations through a filter of logic. It then proclaims that the results of consistent observation is reality, because reality cannot be anything better. We could call it “coherent reality.”

Radical realism also recognizes that facts are always interpretive. Facts are theory-laden. If I see a man wearing blue clothing and a badge, I interpret this as not just a man, but a police officer. But interpretations are also subject to logical consistency. The man might be going to a costume party. But if the actions of the man are consistent with that of a police officer, such as citing people for infractions, we can conclude that the interpretation is reality. Contrary to idealism, reality is not created by thoughts, but rather, reality consists of conclusions from consistent mind observations filtered through logic.

Radical reality recognizes that what we perceive as solid objects are actually made up of molecules, atoms, and other particles we cannot directly observe. But the existence of atoms derived from the observed tracking of the their effects, hence from consistent observation.

The foundation of radical realism is the acceptance of cause and effect, of inductive and deductive reasoning, and the criterion of consistency. If all human beings are somehow fooled into thinking that water exists even when it does not, the consistent perception of water and conclusions from its consequences become the coherent reality.

Radical realism is radical in going to the roots of how we can know reality. This grounding saves it from being merely vulgar or naive. There is much more that we can analyze regarding idealism and realism. Two good books on this topic are The Slightest Philosophy by Quee Nelson, available at Google Books, and Radical Realism by Edward Pols. Most folks handle their daily activities with naive realism, but they fall victim to perverse ideologies ultimately derived from idealism. Thus is it good philosophy to question your beliefs with the Socratic questions, “What do you mean?” and “How do you know?”

Freedom of Speech? No Such Thing!

I get lots of solicitations for libertarian groups and I’m very pleased that there are so many of them these days. I can’t possibly support them all but I recently ponied up for an organization called F.I.R.E. (Freedom for Individual Rights in Education). Their focus is on fighting suppression of free speech on college campuses. Thus, for example, FIRE announces its Speech Code of the Month for October 2013:

Salem State University in Massachusetts prohibits “cultural intolerance” in its residence halls—a broad ban that threatens debate on controversial issues in a place where students often speak the most freely. Making matters worse, the policy applies not only to “actions” but also to “omissions,” broadening its scope to include not only speech but also a student’s personal decision not to speak.

It burns me up to see self-appointed fascist administrators launching attacks on individuals who dare to speak their minds in unpopular ways. And yet, there is a problem, centered on the distinction between public and private institutions. Suppose a small Baptist college decided that students would not be allowed to mock Christianity or promote Islam on campus. Could there be any objection to such a policy? Now suppose that same college decided it would not admit black students. Any thoughtful libertarian would have to defend this policy, distasteful though it may be, on grounds of freedom of association. The bottom line is clear: owners of private colleges have every right to determine whom they will admit as students or hire as faculty and how they are required to act on campus.

Now what about state colleges such as Salem State? Such institutions are “public property,” an oxymoron if we think about it. “Property” denotes the right to use or dispose of some valuable asset, implying an exclusion of non-owners or others who have not been invited to use the property. On the other hand “public” means, if anything, that anybody is allowed to use the asset and nobody is excluded. Who owns San Jose State University where I teach? The California State University Board of Trustees is the most likely candidate, but the faculty has a lot of control through the faculty unions and faculty senates. The Governor and the legislators wield a lot of influence too. The citizens own the place in theory but the connection between SJSU and the citizenry is so remote that it might as well be non-existent. The lack of clarity about who owns the place is the source of most of the idiotic, wasteful, and sometimes downright offensive policies that we see at SJSU and all other government agencies.

So what sort of speech is to be allowed at SJSU? I would say anything goes except shouting down lecturers. Objectionable behavior such as name-calling should be met with ostracism and boycotting or perhaps tit-for-tat. No need for prohibitions. But the people who have power over these matters no doubt see it differently.

Thinking about it more, there really isn’t any such thing as freedom of speech. Speech is not carried out in a vacuum (literally: there can be no sound waves!). If you’re speaking you are standing on someone’s property; if writing you’re using pen and paper or a computer. Land, pen, paper and computers are all resources whose owners have the right to determine who uses them and how. I have no right to invade your house and deliver a speech in your living room nor to grab your computer and compose a blog. Freedom of speech can only mean freedom to use one’s property, or the property of another who has given consent, for speaking purposes. (This, by the way, solves the fire-in-a-crowded-theater conundrum. Prohibitions on yelling “fire” are not a diminution of freedom of speech but rather a recognition of a theater owner’s right to control behavior on his property. See Rothbard’s excellent Ethics of Liberty p. 114.)

In the end, as Rothbard points out, there is no dichotomy between property rights and “civil” rights. There are only property rights, recognizing one’s own body as one’s primary form of property.

Shopping in communism versus capitalism

In a narrative portion of his latest (and characteristically riveting) novel the author has written the following sentence that prompts me to wag my finger at him a bit. “Now it was a Western-style shopping mall stuffed with all the useless trinkets capitalism had to offer…” Daniel Silva, The English Girl (2013). The sentence reveals something very important about capitalism as well as Silva’s apparent failure to understand it.

Silva was contrasting the Soviet style, drab, grey shopping center with the more recent type that have been springing up in Russia and the former Soviet bloc. Yet instead of showing appreciation for the mall with its great variety of trinkets, which include both what he can consider useless and the useful kind, he appears to show disdain for it.

It is precisely the fact that such malls include thousands of trinkets, some useful to some, some not, that makes capitalism so benevolent. Unlike the Soviet Union and its satellites, where only what the leadership deemed to be useful got featured in shopping malls (such as they were), in Western-style malls millions of different individual and family preferences are on display and for sale, aiming to satisfy the huge variety of tastes and preferences.

I recall many moons ago there was a fuss about the popularity of the Pet Rock! It was — may still be — a trinket sold as a novelty item. I remember defending it from its disdainful, snooty critics, arguing that there may well be a few people for whom it would be suitable gift.

Say your grandfather worked in a mine or quarry and now on his 80th birthday you want to get him something not quite useful but meaningful! He has everything useful already, so you pick the Pet Rock for him. It would make a nifty memento! Might even bring tears to his eyes.

For millions of others it would indeed be a “useless trinket” but not for old granddad. And for every other item that author Silva may consider useless, there will be someone who finds it touching!

That is precisely what individualism implies. Something Marxists cannot appreciate since for them only what advances the revolution counts as useful. Individuals as such, with their idiosyncrasies, do not count for anything! And capitalism rejects this misanthropic doctrine, which is why the enormous variety of goods and services is part of it while under socialism and communism only what is proper for the revolution makes sense to produce!

I wish Mr. Silva had indicated some of this as he derided those Western-style shopping malls. Even if he cannot find something useful for himself in them, he can at least appreciate them as contemporary museums of possibilities.

L’Espionnage américain en France.

C’est l’administration Obama qui est chargée de tout. Un mot du président et l’espionnage des alliés cessait. Complètement, sur les chapeaux de roue.

Ne me blâmez pas. Je vous avait prévenu avant même qu’il soit élu, alors que vous l’acclamiez bêtement: Barack (“la chance”) Obama n’est pas le gentil “Black” (en Français dans le texte) de vos rêves plus ou moins cinétiques. Nous somme nombreux ici à penser qu’il est simplement en train de saccager, de détruire la belle et forte Amérique de l’après deuxième guerre mondiale avec ses conneries sur tous les plans.

Les avis sont partagés cependant sur un point important. Certains opinent que c’est un malveillant gauchiste àl’ancienne mode. D’autre, dont moi, penchent plutôt vers l’idée que c’est un beau parleur fondamentalement incapable. Avant d’être élu à un poste ou un autre, il n’avait d’ailleurs jamais eu de vrai emploi de sa vie.

Thank You for Your Patience

I am sorry that I am mostly absent from this blog these days. There are several jobs I want to do in connection with a number of important events in the world and of  ignorant comments on his blog.

I am not doing what needs to be done because putting the finishing touches to my manuscript, crossing the Ts, dotting the Ts, eliminating baroque hyphens is unbelievably time consuming.  I have done it before but I had forgotten.

It’s called : I Used to Be French: an Immature Autobiography

There are unpolished, faulty excerpts of this near-book on this blog.

I still don’t have a publisher. (I have not looked for one.) I listen to advice.

Thanks for your patience.

From the Comments: The four broad pillars of the market-based economy

NEO’s response to my musings on decentralization in Africa is worth highlighting:

It strikes me , Brandon, that one of the impediments here, there may be others, I’m no expert, is that the nascent US was composed mostly of literate folks with a (at least somewhat) common outlook that specified above all honesty and a “government of laws, not men”. I would also state that this is a good bit of our problem now.

This is a great observation. An anthropologist by the name of Maya Mikdashi recently wrote an article on the effects of market-based reforms in the Middle East. She essentially argued that the market-based reforms assume that only a certain type of individual can successfully participate in the market economy (stay with me here): the rational, autonomous, freedom-seeking, and legally-protected-as-an-individual type. Over the past two decades, as more states have moved towards a market-based economy, we have seen the institutional and cultural rewards being reaped from this process. Instead of people who have known only poverty and want, the market-based economy has pushed individuals to seek to become more rational, autonomous, freedom-seeking, and legally protected as an individual.

Now, stay with me. The market-based economy, capitalism, has four broad institutional pillars that it needs to thrive: private property, individualism, the rule of law, and an internationalist spirit. From these pillars come the fountains of progress that the West has come to enjoy over the past 300 years. While I doubt she realizes it, Mikdashi is simply echoing the writings of the great classical liberal theorists of the past three centuries: institutions matter, and they matter a lot. A big point both Dr. Ayittey and myself have been trying to make is that the institutions necessary for progress and capitalism are already in place in the post-colonial world; when I was in Ghana doing research one of the things I always asked farmers is where they got their property titles and they answered “the chief.” I asked them why they didn’t go through more official routes to obtain their property titles (i.e. through the state), and I’m sure you can finish the Ghanaian farmer’s answer for him.

The fact that most, if not all, citizens of the new republic desired the rule of law is one that cannot be stressed enough, and it is definitely one of the reasons why we have grown so prosperous, and answers why we are in trouble today. However: Africans don’t desire the rule of law?

Around the Web

  1. The Decline and Fall of France
  2. Rooked: The evolution of cheating in chess
  3. The decline of Europe’s military might
  4. Bodies in the desert
  5. Is antisemitism back in Europe? Did it really ever leave?
  6. The superiority of democracy over dictatorship is no reason to ignore the problem of political ignorance
  7. Why did men stop wearing high heels?

YAL member speaks at County Cannabis Regulatory Hearing

On October 22, 2013, the Santa Cruz County Board of Supervisors convened to vote on re-regulating medical cannabis cultivation and distribution via local grow operations and a local dispensary. Unfortunately, while the public applauded my comments regarding the issue, the County Board were not swayed from moving forward a “regulatory scheme” as Board member John Leopold commented after the 3-2 vote to further restrict the liberty of free people.

From the Comments: Liberalization is about much more than just the economy

Andrew is skeptical of NAFTA’s achievements:

NAFTA isn’t the only major factor at play, although you’re right that it has provided Mexico with some huge economic benefits. This is especially true in the factory towns along the US border, which are able to absorb a much larger absolute amount of surplus labor from poorer, less developed parts of the country today than they could a generation ago. That said, I’m still ambivalent about NAFTA on account of the severe short-term economic and social dislocation it caused, e.g. to US factory workers who were undercut by Mexican competitors and to small Mexican farmers who were undercut by major US agribusinesses. It strikes me as a hastily and abruptly implemented policy change that caused a lot of needless collateral damage in the short term. Whether this damage was worthwhile in the long term depends a lot on one’s role in the North American economy at the time. On the whole, I’d say NAFTA has been a mixed bag.

This, I think, is in response to the 2003 academic paper (published by three economists) that I cited in defense of NAFTA’s success. It is a paper that only focuses on economic indicators (such as per capita income or total factor productivity). Here is what it found: NAFTA has not had a discernible effect on the US or Mexican economies. The displacement of US factory workers and Mexican farmers that Andrew mentions had been going on long before the implementation of NAFTA. Basically, NAFTA merely reduced the amount of paperwork associated with the changes in both economies. It has not hastened the changes.

Similarly, it appears that the growth of Mexican and American purchasing power parity are simply part of a hemisphere-wide trend that has also been going on for decades. In short, economists have found the economic effects of NAFTA to be negligible. So why do they continue to overwhelmingly support it?

My answer to this question can be found, I think, in Andrew’s keen perception of the changes in Mexican society:

Over the same time that NAFTA has been in place, Mexico has also become much more Protestant and nondenominational in religious affiliation, better educated, and, as I understand it, somewhat better governed and administered. Maybe I’m mistaken, but I have no reason to suspect that the religious shift had anything in particular to do with Mexico’s improving economy or trade liberalization. “Church-planting” missionaries of the sort that have evangelized Latin America don’t look for a particular economic or policy profile in a country before imposing themselves on it, although they do generally appreciate a certain amount of poverty and dysfunction, as long as they’re reasonably reasonably safe in country, since people in economically healthy, well-governed countries are less receptive to their pitches. This is a very cynical analysis, but the cravenness in “mission field” circles can be mindblowing.

What’s happened in much of Latin America in the last decade or so is that these evangelism programs have hit critical mass. They’re now self-sustaining operations being run mainly by Latin American evangelists pestering their own countrymen, or sometimes people in nearby countries. Gringo missionaries are still working in Latin America, but they’re no longer critical to the growth of evangelical churches there. (Besides, there’s much more street cred to be had in evangelizing a recently restive Muslim village in Northern Ghana, or, as my relatives and everybody at their church called it, Africa. I bless the rains….)

Liberalization is about much, much more than economic growth. The decline of Catholicism in Mexico, for example, is an incredibly good trend. This is not because Catholics suck, but because Mexican society is becoming more diverse. Liberalization means opening a state’s political, economic and social institutions to the world.

Undertaking liberalization thus exposes a society to changes. Sometimes societies may have a tough time with changes, especially if there are deeply entrenched political structures in place. Most often, though, these changes tend towards more political liberty (see “1994 Mexican Elections: Manifestation of a Divided Society?” and “Institutionalizing Mexico’s New Democracy,” both by Joseph Klesner, and be sure to read between the lines), more social diversity and, yes, more economic growth.

Of course, with new and overall positive changes come new challenges. The differences between the old challenges and the new, however, are cavernous. Politically, gridlock supplants revolution. Socially, vice replaces desperation. And economically, policy replaces cronyism.

Now, this is a broad view, but I think it is a concrete one nonetheless. There are two major objections to liberalization that I would like to briefly discuss.

The first is my assumption that diversity is, in and of itself, a good thing. Some people simply cannot stand diversity, whether it be of the ethnic and linguistic variety or of the intellectual variety. The former form of intolerance is often to be found among conservatives; the latter in Leftist circles. However, the fact that people I don’t like disapprove of diversity is not a good excuse for being a proponent of diversity.

So what follows is my concise defense of diversity. Diversity opens individuals up to higher degrees of tolerance. It gives individuals more choices. Its very nature makes people smarter by exposing them to more points of view. Added together, these benefits are a recipe for wealth and stability and peace.

There is a tendency, however, for diverse organizations (including societies) to have more conflict. It is this conflict that conservatives and Leftists alike point to as proof that diversity is an undesirable plague. Yet, under the right framework, conflict from diversity produces immeasurable amounts of wealth (see also this paper by economists Quamrul Ashraf and Oded Galor). This framework revolves largely around well-protected property rights and the protection of a handful of other rights (free speech, free press, etc.).

It is this framework that, conveniently enough, allows me to segue into the next most common objection to liberalization: that it doesn’t work and often makes things worse for a society. The data in this regard is not much clearer than the data on NAFTA’s effects on Mexico. That is to say, there is not enough evidence to prove conclusively that trade liberalization leads to economic growth. However, data over the past 30 years or so does suggest that states which undergo liberalization efforts tend to have economies that grow steadier, polities that oppress less and societies that adapt to cultural change more easily. If you can find evidence that you think may refute my argument (“that the rough overall trend of liberalization is beneficial to mankind”), you know where the ‘comments’ section is.

What Ails You, Economy?

The Keynesian is ever mistaking economic activity for economic growth, credit expansion for wealth creation, profligacy for progress. Growth, wealth, progress. He uses his own definitions of each to reinforce his definitions of the others. And they are all fallacious.

When the Austrian tells the Keynesian that the printing and spending of mere pieces of paper cannot lead to more wealth in society, the Keynesian retorts that it is undeniable that credit expansion and stimulus lead to more economic activity. In this he is technically correct. Printing more dollars and handing them out to those who would consume and invest them, does indeed lead to “activity,” even more perhaps than there otherwise would have been.

But our Keynesian assumes, or assumes that his audience will assume, that mere economic activity is growth, is wealth, is progress. Presumably this includes even that activity which our Austrian rightly considers overinvestment (more properly, malinvestment), overconsumption, and/or the proverbial breaking of windows, each of these a common side-effect of the Keynesian witchdoctor’s remedies (often intended to cure ailments caused by earlier interventions, some Keynesian, some not).

If the Keynesian’s definition of economic activity doesn’t (oh, but it does!) include these things then the burden of proof is on him to show that his prescriptions lead to more real growth than would their absence on an unhampered market. And that his incantations lead, on the whole, to economic health rather than disease. A free market is largely unencumbered by the ailments mentioned above so in order to do this it would need to be shown that the sicknesses that do affect it are somehow worse than those caused by intervention.

And to be sure, pure economic freedom isn’t perfect. It has its own share of maladies. But these are all coughs and sneezes by comparison. Cures, if they are needed at all, come from the market itself. The economic meddlers and potion peddlers only serve to make things worse.

We must admit that not even on the most unfettered of markets does all economic activity lead to growth. For human actors err, and the market punishes their errors. How much more is all this the case under a centrally-planned expansionary-monetary/stimulatory-fiscal regime? And how much more severe will be the punishment?

A Warm Welcome

Ladies and germs, may I present to you our newest member here at the consortium: Audrey Redford!

Audrey is currently a second year Ph.D. student in the Department of Agricultural and Applied Economics at Texas Tech University. She also works as a Graduate Research Assistant for the Free Market Institute at Texas Tech University. Audrey graduated from James Madison University in 2012 with a B.B.A. in Economics with a concentration in Political Economy.  Her research interests include Austrian economics & political economy, particularly their applications to analysis of the War on Drugs in the United States. She hails from Richmond, Virginia.

Her debut post can be found here. I’m extremely excited about having Audrey on board.

Criminalizing Innovation

By Fred Foldvary

The U.S. government has attacked an entrepreneur and his new product, as another episode of the federal government’s war on enterprise. In this case, the entrepreneur CEO is Craig Zucker, the company was Maxfield & Oberton, and the product was Buckyballs.

Buckyballs were small magnetic spheres made of neodymium, a rare-earth element that is a powerful magnet. As they stick together, the balls can be assembled into shapes such as pyramids. They were named “Buckyballs” after Buckminster Fuller, an American architect, inventor of the geodesic dome, and futurist visionary. His friends called him “Bucky,” and the neodymium spheres were somewhat like Bucky’s domes.

The company imported the balls from China and started selling them in 2009. They became a popular office toy. But the Buckyballs were banned in July 2012 by the federal Consumer Product Safety Commission, which is now seeking to prosecute Zucker for having sold the balls.

In 2012 the Commission also sent letter to retailers warning of the risks to consumers of using Buckyballs and asking them to stop selling them. That was effective in stopping the sales. The Commission stated that the balls were a hazard for young children who swallowed them.

The company had developed the Buckyballs in collaboration with the Consumer Product Safety Commission, and after the action by the Commission, the firm provided it with a corrective-action plan. Buckyballs were sold with a warning against access by children, and they were not sold in toy stores. But the Commission pursued a lawsuit against the firm even before examining the corrective plan. As pointed out by the Wall Street Journal article (cited below) on that case, there are many potentially dangerous products being sold, such as cleaning chemicals, knives, and balloons. Buckyballs were intended and marketed for adults, and, according to the WSJ article, no deaths have been associated with the Buckyballs.

The Commission declared, as a justification for the ban, that Buckyballs have “low utility” and are unnecessary, despite purchases by 2.5 million adults who spent $30 each. The principle established by the Commission is that government determines which products are desirable, not consumers. Any product could be banned by the standards of the Commission.

The company then engaged in a publicity campaign regarding the actions by the Commission. In the end, the government was too powerful to resist, and the company was terminated in December 2012. However, in February 2013, the Commission charged Zucker as being personally liable for the costs of a recall costing $57 million if the Buckyballs are judged to be defective.

The federal government has by this action abolished limited personal liability under U.S. law for corporations as well as partnerships. From now on, the executives of a firm will be vulnerable for the liabilities of the firms. Any entrepreneur will now risk losing all that he owns if he engages in the production or distribution of any product. The effect of this government action is to strangle American entrepreneurship.

In the case of United States v. Park in 1975, the Supreme Court ruled that the CEO of a food company was criminally liable for a rodent infestation. This ruling was based on the federal Food and Drug Act. But another case, Meyer v. Holley in 2003 ruled that ordinary liability applies unless there is a clear Congressional intent to hold corporate officers personally liable. The relevant law in the Buckyballs case is Section 15 of the Consumer Product Safety Act, which regulates corporate persons, not individual persons.

The WSJ article says that since Zucker did not commit any criminal violation, the Commission’s continuing prosecution of Zucker “raises the question of retaliation for his public campaign against the commission.” If the Commission achieves its goal, personal-injury lawyers will take advantage of personal liability to go after CEOs and other company personae.

This action by Congress, the Courts, and the Commission has to be seen in the perspective of a broad war by government on private enterprise and consumer choice, using taxes, restrictions, mandates, and prosecutions, ultimately resulting in an economy that is nominally private but substantially controlled by governmental chiefs. The name for that system is “fascism.”

————————————-
Reference: Sohrab Ahmari, “What Happens When a Man Takes on the Feds,” Wall Street Journal, August 31-September 1, 2013, p. A11.

Breaking Bad Policy of Drug Prohibition (spoiler alert).

I would argue that the only positive thing that has come out of the War on Drugs is awesome TV. From The Wire to Breaking Bad, illegal drug markets have brought us entertaining and groundbreaking television, but at what cost? As Breaking Bad has sadly come to an end, I would like to look at how things might have been different for Walter White and friends in a world without the drug prohibition. While I loved the adrenaline rush I experienced watching every episode, the violence and death highlighted in the show is indicative of a major problem.

Let’s assume for a moment that prior to the creation of the show, the U.S. government ended drug prohibition. Unlike what many paternalistic politicians would like you to think, the world would not descend into utter chaos or come to a grinding halt. How would this effect the show? Well, first and foremost, there would be no DEA (high five, hell yes)… thus Walter would have never gone on the ride-along that ultimately led him to a reunion with Jesse Pinkman. It is also likely that Walt would never consider drug manufacturing as a means to solving his money problem for cancer treatment. Why do I say this? The profit margin of the caliber in the show would not likely exist in a world outside of drug prohibition. In the illegal markets, the cost and risk associated with engaging in illegal activity and possibly getting caught serve as very costly barriers to entry. There are also sizable costs associated with self-regulation in illegal markets because the court system is not an available outlet for settling disputes. This drastically limits the number of producers willing to participate in the market.

Consider the circumstances surrounding the murder of Combo (Jesse’s friend that was shot by that young kid for selling on the wrong turf). There was an implicit contract that highlighted who could sell where, and at the urging of Jesse’s quest to build his empire, Combo started selling in neighborhoods that “belonged” to a rival drug gang. In illegal markets, how do you set an example that your turf cannot be taken? You resort to violence to make an example of what will happen to anyone who tries to disregard your jurisdiction. Furthermore, the legal recourse in a murder associated with other illegal activity is complicated. Jesse could not simply go to the police and explain that Combo’s death was a result of a drug turf dispute without implicating himself in a slue of crimes. However, if the drug prohibition component was absent from this equation, the rival gang would have not have used murder in order to solve the problem. For example, do you hear of a CVS owner shooting a new-to-the-area Walgreen’s owner for opening a new location? But even in the unlikely event that this happens, because there is not any illegal activity taking place outside of the act of murder, all parties involved can provide the necessary authorities (ideally private policing companies… but that is a blog post for a later time) the information needed to bring the murderers to justice without fear of being punished. This would allow Jesse to use the court system to punish the rival drug gang members rather attempting to murder them himself (and successfully killing them thanks to Walt’s fatherly instinct and his Pontiac Aztek).

Absent that extensive (but not exhaustive) list of costs brought on by the nature of illegal markets, many potential drug producers can move into enter the market. This forces the price of the goods sold to decrease, lessening the profits available to each drug producer. Thus, the sizable profit margin that led Walt down the road of methamphetamine production would not be as high in a world with legal production (at least on the scale of production consisting of Walt and Jesse in a trailer… However, if he started his own pharmaceutical company specializing in meth, that would be a different story… one that I hope to elaborate on soon, highlighting how ending the War on Drugs is only part of the battle).

Another situation that could have been avoided was the virtual enslavement of Walt and Jesse by Gus Fring. Once again, the hold that Gus had over Walt and Jesse (knowledge and proof of their involvement in countless felony-crimes) would be a non-issue outside of a prohibition state. The same could be said about the situation when Tuco initially refused to pay Jesse for his product. Breaking Bad is full of the issues associated with the limited ability for individuals to establish, execute, and enforce contracts. With substantially better defined property rights and access to a court system to settle disputes without fear of being punished, drug producers would not need to engage in violence to settle these disputes.

So where does this leave us? Well, it would leave us with a rather boring TV show where the most exhilarating dilemma is which daycare Skyler & Walt will choose for baby Holly. No more train heists, no more wheelchair bombs, and no more car trunk machine guns. Though I do love my fellow Richmonder’s directorial and writing brilliance (Vince Gilligan, you are the man), I would be willing to trade it any day for a freer state devoid of the devastating effects inflicted on all of our lives (directly or indirectly) by the War on Drugs.