Liberal Democracies and Authoritarian Regimes: The Case for Law Enforcement. (Part 6 of 12)

It could happen that a government feels very comfortable collecting a certain amount of money in traffic fines for crossing a red light. For example, the fine amounts to $1,000 – and the probability of application is 1%. In this way, drivers have little experience of having been fined despite the fact that they know better than the government itself that on numerous occasions “they crossed in the red.” Compliance with the traffic light becomes purely optional, left to the moral criteria of each driver and the immediate conditions of time, people and place that he perceives at the time of crossing (many or few pedestrians on the streets, cars crossing on the other side of the road). the street). If a fine of $1,000 is interpreted as a risk of $10, it is not necessary to have great reasons to decide whether or not to violate the norm. However, 1% of those who crossed with the red light did indeed receive a fine of $1,000, to be executed, let us suppose, by the public authorities on the occasion of renewing the driving license, under penalty of denying said renewal, some years after the violation occurred (with which, the present value of said fine at the time of the event would be even lower). With a minimum expenditure of resources, this particular government would achieve a substantial fundraising, since also the number of transgressors and fines in absolute terms would be much higher than under the circumstance of a greater application of the norm. However, the social purpose of the repressive system is not fulfilled: fines applied in this way do not have a dissuasive effect that contributes to ordering traffic and guarantees the safety and physical integrity of passers-by and drivers.

This is how this “hypothetical government” finds itself in the following trap: the low application of the norm causes that the regulation destined to order the traffic is not effective. In our example, it is common for cars to not respect the red traffic light and consequently accidents occur, resulting in the crossing of streets, both for pedestrians and drivers, dangerous and a source of large losses for individuals. But, at the same time, such an ineffective system to control traffic not only finances itself with fines, but also generates a surplus that represents a source of income for the government to cover other types of expenses. Of course, accidents and danger on the public highway are costs to be assumed by the government and society, with which such a de facto collection system is very likely to be highly inefficient, since it ultimately generates net losses or losses for the government or for society or for both.

However, if a ruler decided to invest resources to increase the degree of application of fines for violations of traffic regulations, it would be found that, in the short term, such a decision would lead to financial loss. Such would be the costs and consequences of increasing the level of application of the rules: if technological devices such as cameras were installed, with expert computer systems that processed the information properly, not only in terms of speed but also in terms of precision on the identity of the offending car, the fines would reach the owners of the vehicles a few days after the occurrence of the offense and the process of discharge and execution of the fine was relatively agile, the drivers, in a short time, would become much more scrupulous in the face of to a traffic light. With all security it could be said that accident rates would drop drastically, resulting in a direct benefit for society and direct and indirect benefits for the government. However, there is an element at the level of government incentives to take into account: obtaining a higher level of regulatory enforcement requires a greater investment of resources and, likewise, will likely result in a drop in the aggregate collection of fines, since it will be processed a greater number of fines for an offense actually committed, but this will generate a change in behavior on the part of the public that will reduce the number of infractions and, consequently, the number of fines in absolute terms.

[Editor’s note: this is Part 6 in a 12-part essay; you can read Part 5 here or read the essay in its entirety here.]

Liberal Democracies and Authoritarian Regimes: The Case for Law Enforcement. (Part 4 of 12)

Different degrees of law enforcement

Law enforcement systems range from ideal types of pure blind and automatic rule enforcement to pure discretion. The ideal of automatic law enforcement denies the reality of errors, the fragmentation of knowledge of special circumstances of time and place, and information costs. Meanwhile, complete discretion is the very negation of the law as abstract and general normative statements. However, defining both poles, the first factually unrealizable and the second contradictory in itself, allows us to identify the trend that characterizes the various legal systems given.

Likewise, information costs and discretion are variables that determine the degree of law enforcement. Both the criminal sanctions and the sentences to compensate damages depend to a large extent on questions of proof and evidence about the facts contained in the norm as a condition for the application of the legal solution envisaged. Likewise, the law itself imposes limits and criteria for collecting and assessing evidence, such as due process guarantees, which include the right not to testify against oneself and the inviolability of the person. Therefore, when a rule provides, for example, a fine of $1,000 – for the offender, the deterrent of said consequent depends on the degree of probability that the legal system will identify the infraction, the person responsible for the infraction and be able to prove said fact before the courts in a process supervised by the offender, who may present his defense and offer his own evidence.

Continuing with this example, if the probability of being fined is 80%, then the fine represented by the eventual offender is reduced to $ 800. Suppose then, that a driver needs to get to work on time so that the day is not deducted, which would mean a loss of $900. Then, the person in our example will maximize his choice if he violates any traffic rule, assuming the risk of losing $800 – in order to avoid the risk of losing $900. Of course, if it is discovered, your gross loss will be $1,000, but your net loss will have been reduced to $100, while if it is not discovered, your gross result will be $0, but your Net result will amount to $900, since thanks to his decision to assume the risk of being fined, he avoided losing the payment for the day of work. Therefore, given the incentive system given to the maximizing agent in our example, the most rational thing for him is to assume the risk of transgressing the norm.

This elementary example suggests several conclusions. The first one is that it should not be ruled out that society itself maximizes the utility of its resources by admitting a certain range of transgressions. However, these cases are not extra-systemic, but are justified or exempted from liability, as the case may be, within the legal system. Running a red light in order to urgently take a badly injured person to the hospital is a cause of justification. Doing it on a completely deserted street in order not to be late for work could be accepted as an acquittal. In these cases we are also faced with a certain degree of judicial discretion, in order to weigh the legal meaning of certain facts and circumstances as justifying or mitigating responsibility. But another issue related to this is to recognize that the agent himself has a higher level of information regarding his own circumstances than that of any other external observer, which allows him to make better decisions attentive to his level of immediacy with the facts. Finally, society itself also organizes itself spontaneously around a certain margin of extra-systemic regulatory breaches: in the example mentioned, society as a whole will maximize the utility of its resources if the offender arrives early at work, at the risk of paying a fee. penalty fee; while the traffic fines will have as their real destination those drivers who are not pressured by such an urgency, in which case it is more socially beneficial that they comply with the traffic regulations.

The latter brings us to another question, of singular relevance, which consists in defining the distinction between a liberal legal system and a police one. Legal systems that recognize the value of human dignity and are organized around a principle of autonomy of the will give each individual the power to decide whether to transgress certain norms at the price of assuming their consequences. Instead, police systems seek to prevent each individual from making such a decision, for the sake of certain collective values, such as security or mere compliance with the orders issued by the public powers. Of course, even in liberal legal systems, values ​​such as the protection of human life and public safety entail certain mechanisms and norms for crime prevention, but always considering that these mean an injury to individual freedoms, not an absolute public authority.

Finally, although without definitively exhausting this debate, one characteristic of particular systemic relevance deserves to be mentioned, on which it will have to be discussed in greater depth: the relationship between the decision to increase the degree of application of the norm or to increase the threat of punishment, in order to achieve a certain degree of compliance by citizens.

[Editor’s note: this is Part 4 in a 12-part essay; you can read Part 3 here or read the essay in its entirety here.]

Power outages in Texas

From an email I sent my principles of economics students:

Since we can’t have classes this week and the midterm is postponed a week, I felt chatty and wanted to share at least a few thoughts about why so many people are without power.

tl;dr: see the graph below. Prices are fixed. Supply shifts left, demand shifts right = instant shortages. This is not an easy problem to solve.

Issue #1 is that bad weather events increase demand – demand shifts to the right. Issue #2 is that energy prices are really sticky. We’ll be getting to this in March, but in energy markets we sign contracts with our energy providers that lock in the price of electricity for 1-2 years at a time. When demand increases, the price doesn’t! Further, some contracts allow us to smooth the bill out over 12 months, so if I need extra $12 of electricity today, I don’t actually pay for it today: I’ll pay for it by having a $1 higher electricity bill over a 12 month period. That does two things. a) It means that energy demand curves are really vertical, a small change in price doesn’t change my electricity consumption much; and b) when demand increases, prices don’t. That ruins the market price signal that tells you and me to conserve electricity. Issue #3 of course is that it is really amazingly expensive to increase electric capacity. That means that energy supply curves are also really vertical. Even if energy firms COULD raise prices, they can’t increase the quantity supplied in the short run. In the longer run, we have time to build more plants and add capacity, but in the short run we’re stuck with what we have. 

The graph above shows the marginal cost of different types of energy. Some are energy that is easy to turn on and off, but expensive (eg. oil). Some are energy that is really, really hard to turn on and off at will (eg. nuclear) but very cheap. And producing more energy than you need is bad. So you build enough cheap stuff that you know for 100% positive will always be needed, and then you build expensive stuff to handle changes in demand. That’s the short version, anyway. It means that producing a little extra electricity is really expensive and there is a hard limit to much extra we can produce – eventually supply curves are completely vertical!

My friends on the right tend to send blame towards green energy. And they have a point! Renewables are temperamental – with too many clouds solar doesn’t do anything, and frozen blades can’t turn wind energy turbines. The impact of the storm is to shift energy supply curves to the left, and the more the grid relies on renewables, the bigger that shift is. The basic problem renewables have had is that it’s really difficult to STORE their energy for future use. If we could create really large energy reservoirs, we could store Texas’ abundant solar and wind energy for a literally-rainy day. 

So we have supply curves shifting left at the same time demand curves are shifting right and prices can’t move … the final result is massive shortages! Now what could be done about that?

My friends on the left tend to blame deregulation. Sadly, not one of them is spelling out exactly what regulation they think would solve this problem. Let me be generous to them and imagine they mean the following: if the government ran (rather than regulated) the energy grid, they would build a greater capacity than we typically use. 

And they have a point. Energy is like the opposite of the hotel industry. In the hotel industry, you don’t build the hotel based on AVERAGE, normal operations. In Stephenville, you build a hotel large enough to accommodate people who come for graduation. The cost of having unused rooms is fairly low – you still need to keep the room cool in case someone needs it, and you want to hire someone to dust it, but it just sits there most of the time. Then you rake in big money when demand suddenly increases. The energy industry is the opposite: it is very expensive to build capacity and it is also expensive to maintain it. Whether you are a private firm or a government, the money to maintain unused generators has to come from somewhere.

How do we afford that? In the market, energy prices are actually set a little bit higher than equilibrium so that supply > demand. That ensures we have plenty of electricity to handle normal, typical demand fluctuations. We pay for that excess capacity during the normal part of the year so that when temperatures are particularly high or extra low, the grid can handle it.

The government has a different problem, though. If electricity is publicly-run, they will tend to set the price lower than the market would and make up the differences with taxes. That further divorces energy use from the price paid. We would have a higher quantity demanded at all times (wasteful). Add in that governments generally do a bad job running businesses (wasteful) and in order to have that excess capacity we would have to be willing to pay higher taxes (and lower energy bills) for many years to make up for the extra expense. Most governments, like most markets, will therefore tend to undersupply for an emergency because the voters don’t want to pay higher taxes and there is no such thing as a free lunch. So it’s not 100% clear that this would solve the problem. Europe has power outages that affect millions too. 

Why? Healy and Malhotra: Governments respond to incentives, and voters give the wrong incentives: “Do voters effectively hold elected officials accountable for policy decisions? Using data on natural disasters, government spending, and election returns, we show that voters reward the incumbent presidential party for delivering disaster relief spending, but not for investing in disaster preparedness spending. These inconsistencies distort the incentives of public officials, leading the government to underinvest in disaster preparedness, thereby causing substantial public welfare losses. We estimate that $1 spent on preparedness is worth about $15 in terms of the future damage it mitigates. By estimating both the determinants of policy decisions and the consequences of those policies, we provide more complete evidence about citizen competence and government accountability.”

Bottom line: there isn’t an easy solution to weather events that happen once in a hundred years, whether it’s floods or hurricanes or … whatever this white, powdery substance is that’s blanketing my lawn. The basic problem is scarcity in a market where price signals don’t work (by design) at a time when supply shifts left and demand shifts right. To the extent climate change means more frequent extreme events, this will be a growing problem.

Nightcap

  1. Capitalist naturalism? Julie Ward, LARB
  2. Are Iraq & Afghanistan sunk costs? Matt Welch, Reason
  3. Is the Durand Line “treacherous”?Cesaretti & Qazizai Newlines
  4. Why can’t we see grabby aliens? Robin Hanson, Overcoming Bias

Nightcap

  1. The two Americas (of 1965) Simon Schama, Financial Times
  2. The two Americas (of 1968) Jon Meacham, NY Times
  3. Purple America (pdf) Rodden, Ansolabehere, & Snyder, JEP
  4. What is the cost of pride? Rick Weber, Notes On Liberty

Pathologies in higher education: a book, a review, and a comment

Cracks in the Ivory Tower, by Jason Brennan and Phillip Magness, brings a much needed discussion of the pathologies of US higher education to the table. Brennan and Magness are two well-known classical liberals with a strong record of thoughtful interaction with Public Choice political economy.

Public Choice is an application of mainstream economic concepts to political situations. One of the key points of Public Choice is that people are self-interested and rational. This drives the choices they make. But people also act within formal and informal institutional environments. This constrains and enables some of their choices to a large degree. In other words, people react to incentives.

The Public Choice approach is not so much a normative handbook, but rather an attempt to explain how politics operate. The application of this theory to understand higher education in the US is a welcome addition to a growing literature on the economics of higher education.

It is perhaps surprising how the subtitle of the book stresses an aspect that tends to be extraneous to Public Choice scholarship: “The Moral Mess of Higher Education”. Of course we all draw on moral reasoning and assumptions in order to pass judgment on economic and political phenomena, but normally the descriptive side is kept separate – at least by economists – from explicit value judgment.

John Staddon, from Duke University, has reviewed Brennan’s and Magness’ book. In his review, he focuses on three main key issues. First, colleges and universities act on distorted incentives created, for example, by college rankings, to recruit students in ways that are not necessarily related to maintaining or expanding the academic prestige of the institution.

Second, teaching in higher education, at least in the US, is poorly evaluated. Historically, it has shifted from student evaluation to administrative assessment.

So why the shift from student-run to administration-enforced?  And why did faculty agree to give these mandated evaluations to their students? Faculty acquiescence — naiveté — is relatively easy to understand. Who can object to more information? Who can object to a new, formal system that is bound to be more accurate than any informal student-run one? And besides, for most faculty at elite schools, research, not teaching, is the driver. Faculty often just care less about teaching; some may even regard it as a chore.

The incentives for college administrations are much clearer. Informal, student-run evaluations are assumed to be unreliable, hence cannot be used to evaluate faculty for tenure and promotion. But once the process is formalized, mandatory, and supposedly valid, it becomes a useful disciplinary tool, a way for administrators to control faculty, especially junior and untenured faculty.

This is not necessarily conducive to improvement in the quality of teaching. Perhaps colleges fare better than universities here, given that their faculty is not expected to allocate a large amount of hours per week to research and writing.

Third, Brennan and Magness offer a critique of what is known in the US system as “general education” courses. In their view, it is clear that those courses are unhelpful in a world where academic disciplines are increasingly more specialized. However, offering those courses is a good excuse for universities to grab more money from the students.

This is where Staddon begs to differ:

Cracks in the Ivory Tower usefully emphasizes the economic costs and benefits of university practices. But absent from the book is any consideration of the intrinsic value of the academic endeavor. Remaining is a vacuum that is filled by two things: the university as a business; and the university as a social activist.  Both are destructive of the proper purpose of a university.

I tend to agree with this point, and I do not think it is a minor point. We can do colleges and universities without football, without gigantic administrative bureaucracies, and without the gimmicks to game the college ranking system. I could even go further and argue that we should do colleges and universities without dorms and an artificial second and worse version of teenage years right when students are supposed and expected to behave like adults. Getting rid of those tangential features of US higher education should help refocus on knowledge and reduce the cost.

Colleges and universities in the US are also expensive and unnecessarily inflated because of the structure of the student loans system, which also generates perverse incentives. But this point has been explained and described to exhaustion in the economic literature. This also has to change.

However, I am not convinced that making universities focus on professionalizing their students would be the best way to go. Brennan and Magness raise some important issues and concerns, some of which also apply outside the US, but the Staddon highlights in his review an important counterpoint: higher education, at least on the undergraduate level, shouldn’t be seen 100% as an investment good, but also as a consumer good:

Higher education does not exist for economic reasons. It exists (in the famous words of Matthew Arnold) to transmit “the best that has been thought and said,” in other words the ‘high culture’ of our civilization. Job-related, practical training is not unimportant. Universities, and much else of society, could not exist without a functioning economy. But — and this point is increasingly ignored on the modern campus and by the authors of CIT — these things are not the purpose, the telos if you like, of a university.

Undergraduate education is there to hand over knowledge to the next generation. It can be small and cheap. You need an adequate building, a small library with the best classic books, electronic access to journals, and faculty that excels at teaching. Courses would be general, comprehensive, and interdisciplinary by definition. The program could last only three years. An optional additional year could be offered to those with an academic profile, where they could pursue more specialization as a bridge to graduate education.

This is more or less the mediaeval model. I am not sure we need to reinvent the wheel in order to deal with the crisis of higher education. What we need is to get back on track – back to the bread and butter of college education. This is a reflection that both sides of the story – those who demand education and those that offer it – need to make.


Read more:

In a recent contribution to Notes on Liberty, Mary Lucia Darst has recently commented on the status of higher education during the 2020 pandemic and prospects for the future.

I also wrote about the college trap in the US a few years ago.

Nightcap

  1. The Old Normal Andrew Bacevich, Harper’s
  2. Iran Doesn’t Want War but has a big appetite for riskWar on the Rocks
  3. Nice try, economists Arnold Kling, askblog
  4. Against “aggregate demand” Chris Dillow, Stumbling and Mumbling

Nightcap

  1. Interpreting the Ottoman Empire Michael Talbot, History Today
  2. Throw your testicles (medieval Europe) Tom Shippey, LRB
  3. Gold standards, fiat money, and resource costs Larry White, Alt-M
  4. On sovereignty versus empire Michael Anton, Modern Age

Be Our Guest: “How to make Brexit Really Worthwhile – Example: Financial Regulation”

Be Our Guest is an open invitation to NOL‘s readers to participate with us. Pretty much anything is on the table. The latest article comes from the Freeconomist, who is following up on his earlier piece about making Brexit worthwhile via information asymmetries. His new piece is on financial regulation through the prism of Brexit. Check out this excerpt:

I do not want to write a lengthy discussion on the question of which alternative is the least costly in dealing with the incentive problems arising from the implicit subsidy by the taxpayer. There are good reasons to believe an incremental, decentralized and evolutionary system of market-based regulation to be superior to centrally designed government regulation. (4)

But even if this is the case, private regulation arising as a response to the incentive problems resulting from explicit and/or implicit government guarantees is still costly. Indeed, the evolved system of private regulation in the UK banking industry was giving the appearance of a restrictive cartel. If my analysis is correct, this “cartel” served a useful social function, namely to deal with the incentive problems created by the implicit government guarantee. Nevertheless, it also involved costs.

At the root of the problem are the taxpayer guarantees.

Please, read the rest. It’s another excellent piece of work.

And don’t be afraid to submit your thoughts to us.

What is clientelism and why we should care about it

In my first post, I would like to share with you part of my work as a scholar of politics.

I study clientelism, which is, in my view, a fundamental but understudied and highly underrated phenomenon in politics. In my book, Clientelism and Economic Policy: Greece and the Crisis (2016), I define clientelism as ‘the distribution of resources by political power through an agreement in which politicians – the patrons – make this allocation dependent on the political support of the beneficiaries – their clients’ (page 12). Clientelism emerges at the intersection of political power with social and economic activity.

Why is this phenomenon important? As Harold Laswell put it, politics is the art and science of ‘who gets what’ in society (1936). This famous phrase epitomizes the nature of politics as a competitive process for power and resources. Because these resources are often excludable and rivalrous, multiple social actors and groups are expected to compete with one another for access to political power and the resources it distributes. In addition, as political power decides how scarce resources are to be allocated, there is competition among political actors who wish to gain power and take control of the distribution mechanism. Either way, participation in political competition is costly and occurs in anticipation of higher benefits for each of the participants. Clientelist exchange occurs when political actors competing to gain political power interact with socioeconomic actors striving to persuade political power to meet their demands and claims.

A ‘political market’ for the allocation of economic resources emerges and has distinct characteristics. On the one hand, it generates informal ‘prices’, for the goods and services provided by the government: there is demand by economic actors for preferential treatment and there is supply by political agents of resources, opportunities and benefits. On the other hand, the terms under which clientelist exchange takes place differ substantially from ordinary market transactions, primarily in terms of bargaining power, the enforcement mechanism, externalities, and selection process.

Power asymmetry characterizes the relations between patrons and clients. Clientelism works as an oligopoly. Few patrons occupy the supply side while myriads of candidate clients inhabit the demand side. Depending on what resources each side trades or possesses for future trade, as well as how long one has been – or expects to be – in a position to trade, power asymmetry can tilt in favor of the patron or the client, as in the case of big donors.

Another distinctive element of clientelism is the fact that, while clientelist exchanges is not legally binding or enforceable before courts, honoring the agreement depends on expectations of reciprocation from each party and, quite often, on fears and threats of retaliation in case one party fails to meet the terms of the agreement. On the part of the political agents involved in clientelist exchange, it is a matter of building trust and reputation over time, which, in the absence of formal sanctions, reduces the perceived risk of breaking the terms of the agreement.

In economic theory, clientelism is linked to the concept of rent seeking. Clientelist exchange is actually a subset of rent seeking. It involves explicit agreements according to which the beneficiary must reciprocate by supporting the agent in the political and administrative authority who has offered them the opportunity to extract a rent.

The conventional approach in economics is to view rent seeking as a distortion of market competition for the externalities it imposes on all other non-participating actors. In the real political economy approach, almost all political decisions distribute benefits and costs. My work focuses on the political implications of clientelism.

The process by which the government distributes clientelist benefits inevitably requires some sort of selection of who would be the beneficiary among a pool of prospective clients. Politicians whose political survival and success depend on getting elected to office have a strong incentive to distribute resources to those who would offer them the most valuable form of political support; not just a single vote, but campaign funding, loyal party membership, activist support or favorable media coverage (Trantidis 2016, 18)

The concept of clientelism is mistakenly reduced to a form of vote-buying. This is a narrow view of a much broader phenomenon. Indeed, clientelism serves politicians as a way to strengthen their chances to win elections but resources for clientelist distribution are scarce and the best way to use these resources is to attract those who could made a campaign contribution. It is difficult to monitor voters’ behavior and it is definitely not economical to use resources indiscriminately to buy individual votes, particularly in advanced economies where voters may be too costly to buy and many may simply refuse to be bought off.

Instead, clientelism works as an indirect way of gaining votes (Trantidis 2016, 19). By allocating benefits strategically to attract the biggest possible campaign contributors, politicians can gain an advantage in campaign resources that would allow them to make a stronger appeal to general voters. In short, clientelism is a strategy for political organization and campaign recruitment that has an indirect effect on voters’ behavior. Resource endowments define the capacity of each party to perform a number of tasks necessary for political survival and growth.

As I explain in the introduction of my 2016 book, the first and typical ‘image’ of clientelism is that of an individual agreement. The second ‘image’ of clientelism is that of a strategy for collective mobilization. Politicians create networks of clients that help them organize a campaign infrastructure with a strong support network.

The second image of clientelism refers to the formation of groups of loyal supporters on a more permanent basis. Clientelism is a way by which politicians and political organizations overcome the famous problem of collective action (Olson, 1965). Collective action does not occur automatically from groups having common concerns or a perception of shared interest. This holds especially if the perceived collective benefit is to be indiscriminately shared by multiple actors in large groups. In that case, there are weak incentives for someone to actively contribute to the collective effort. This logic of collective action applies to political organization too. Political parties need active supporters and campaign resources to be able to compete for votes and, for that purpose, they have to find a way to overcome a free-riding problem. For party leaders, the organization of a coherent and active party basis can be achieved through the distribution of targeted benefits to party members and supporters entering a clientelist network. While it is costly to mobilize political support, available state resources allow political actors to pass this cost on society. In forthcoming posts, I will discuss how this phenomenon could affect the design of public policies.

For the time being, let’s summarize the three key characteristics of clientelism:

  1. Clientelism is a common form of distribution of resources by political power. It stems from the intersection of two competitive processes: a ‘market’ for political support and a ‘market’ for rents and other government granted privileges.
  2. Clientelism is more than vote buying. The practice gives preference to those who can make the highest valued contribution to a politicians’ campaign infrastructure and support network: donors, activists, prominent figures, journalists.
  3. Clientelism generates support networks. It is a way for political agents and organizations to overcome a collective action problem regarding how to mobilize, control and discipline active groups of supporters. This is a valued strategy for political organization that can hardly be eradicated from the political process.

Clientelism is a common, expected and inevitable practice in politics. In the next blogs, I will talk about how this practice should make us reconsider the notions of political participation and representation, rethink how public policies are formulated and reconceptualize democracy as a competitive arena in which authoritarian and democratic governments work to become dominant political forces. Thank you for your attention.

References

Laswell, Harold. 1936. Politics: Who Gets What, When, How. New York: Whittlesey House.

Olson, Mancur. 1965. The Logic of Collective Action: Public Goods and the Theory of Groups. Cambridge MA: Harvard University Press.

Trantidis, Aris. 2016. Clientelism and Economic Policy: Greece and the Crisis: London and New York: Routledge.

There is no such thing as a sunk cost fallacy

The advocates of the sunk cost fallacy state that, since an agent ponders in his decisions marginal costs against marginal incomes, any consideration upon sunk costs would be irrational. Notwithstanding, as soon as we accept the arguments of the said sunk cost fallacy and try to put its recommendations into practice, we discover that we have just become an easy prey of a more severe kind of irrationality: the one that concerns with intransitive preferences.

Jon Elster exemplifies the sunk cost fallacy with the case of a huge snowfall that pours onto the city the very same day we were planning to attend a theatre play whose tickets we had bought the previous days and are not refundable. Elster points out that, since our attendance to the play will not bring the money we had paid for the tickets back, there is no reason to make the decision on whether or not to attend the play on the basis of the sunk costs of the tickets. The correct reasoning should take into account only the cost of enduring the heavy snowfall in order to reach to the theatre where the play would be performed. Nevertheless, the same Jon Elster makes the disclaimer that a zealous observance of avoiding the sunk cost fallacy could lead to make choices following non transitive preferences.

If we change our mind every day, discarding previous decisions and assuming a new direction just because a new opportunity has arisen, we risk to end up in the ruin. Transitive preferences tend to assure the agent of a certain profit and non transitive ones exposes him to losses. In evolutionary games simulations, agents who act according to transitive preferences outshine agents who do not. It seems, then, that the rational agents walks on the edge of the razor, between sunk cost fallacies and non transitive preferences.

That is why there is not such a thing as a sunk cost fallacy. The rational agent, to be such, must ponder a whole plan against an alternative plan in a whole as well, which in some cases, both of them last several periods of time. It is true that in the “very short term” all past costs are sunk and that it only matters the opportunity costs, but most decisions are made in the short term, which lasts more than just a moment. Otherwise, the very concept of transitive preferences would lack any meaning.

Of course certain costs are sunk: if the flux of earnings that a good of capital produces just covers the variable costs of putting it to work (for example, a truck whose earnings just pay for the gas and the salary of the driver), the more rational choice is to use it until it becomes full obsolete and do not replace it with a brand new unit.

But the sunk cost fallacy does not provide a criterion to distinguish sunk costs from just mere costs of a single plan. What a rational agent with transitive preferences discards in his considerations will be named sunk costs, and what he does not, will not. A pure tautology.

Even the snowfall case does not explain satisfactorily the said fallacy: when the agent bought the tickets, their cost were inferior to the income of watching the play, but a heavy snowfall adds not a marginal cost but increases the marginal cost of the plan composed by the cost of the tickets plus the cost of enduring the snowfall.

Notwithstanding, the sunk cost fallacy derives into a philosophical puzzle: what is the subject? How are relations between time and being and between being and becoming. It seems that our permanence as rational agents depends mostly upon not to put into practice the opportunistic approach of the sunk cost fallacy ad libidum.

Moreover, the matter has a political strand: constitutional constraints demand from the authorities to take into account the weight of certain principles in their decisions and those principles could be disregarded if the decisions are purely made on the basis of expediency. If it is the same authority the one who decides whether certain constitutional principle should be followed or not, then all the citizens would be left exposed to arbitrariness.

The considerations about the length of the period a plan should last, the responsibility upon the consequences of our past choices, and the weight of the constitutional principles on the legitimacy of political decisions, become rational if they are not pondered by an isolated agent but in the framework of the interplay among several agents.

This framework of human interaction upon which the agent’s choices take place had been characterised by Friedrich A.Hayek as a spontaneous, or abstract or extended order. He proposed to leave the term “economics” to the explanation of the choices made by an isolated agent and to establish the science of “catallaxy” as the study of the complex phenomena involved in the said structure of interactions. In the same line, James M.Buchanan labelled the interplay of individual agents as “symbiosis” and proposed to redefine the task of the political economy to its study.  More recently, in 2009, Douglass C. North, John Joseph Wallis and Barry R. Weingast, in Violence and Social Orders: A Conceptual Framework for Interpreting Recorded Human History, coined the term “open access orders” to analyse the same set of events. To this stream of thought, it also belongs Vernon L. Smith’s own account of the concept of ecological rationality.

Catallaxy, Symbiosis, Complex Phenomena, and Open Access Order or Ecological Rationality are some of the aspects of what Karl Popper once called “critical rationalism” and supersedes old problems such as those of the instrumental or subjective reason. An authentic “toolbox,” ready to be used.

Institutions, Machines, and Complex Orders (Part 5): Logical models

There is a thin line between the abstract model of “natural selection of institutions,” its instantiation in an imaginary example that interprets it and the application of that theory to interpret historical experience. The latter does not test the model, but is the result of the organization of the record of events around this interpretive model. The instantiation in an imaginary example is a visualization that allows us to identify the inconsistencies in the model -if there are any- and to test general predictions about the behaviour of the variables. Such interpretations of the model assume that the rest of the variables remain unchanged, that is, the ceteris paribus condition.

If the abstract model does not have inconsistencies, i.e.: if in its imaginary interpretation, contradictory events do not arise, and, nevertheless, its explanatory or predictive power is contradicted with the experience, this does not imply a refutation. On the contrary, it is an indicator that another set of events are acting that neutralize the effects of the process described by the theory. In this case, although the theory does not achieve results in terms of explanations and predictions, it does fulfil a heuristic function: that is, it inspires new lines of research and discovery.

One such line of such lines is, for example, how politics plays out in the process of natural selection of social habits and practices. As indicated by the School of Public Choice, the regulations on economic activity that affect the distribution of corporate profits, assign monopolies, restrict imports, intervene in the market of credits and capital to favour certain activities over others, among others many cases of economic dirigisme encourage the development of practices known as “lobbying.” Investing in human capital and new technologies means an opportunity cost that will never be assumed if higher yields are obtained as a result of influencing government decisions that protect the producer from competition, or allowing the State to sell at a price higher than the market price. Therefore, if experience is indicating a low capacity for innovation, lack of initiative and stagnation, it is most appropriate to focus the observation on which incentives are acting effectively in that country.

The counterpart of the logical models is the empirical models, the latter consist of abstractions of elements that occur in reality, highlighting their common notes to obtain various classifications of such elements, and they are a simplified scheme of perceived reality. However, any system of abstraction of the common notes of a set of objects requires a prior conceptualization of such notes as defining a set or class. In order to classify diverse populations in countries, it is previously necessary to be in possession of the notion of population, for example.

On the other hand, abstract notions are not necessarily conformed by a deliberate operation of consciousness, but by the perception of series of events that are repeated and differentiated from one another, generating in the cognitive apparatus an association of diverse stimuli. Out of habit arises the expectation that from the appearance of a particular event or series of events a range of determined events will follow and not follow another range of events of various kinds. On these spontaneous classifications, articulated around the repetition of events, their differential in the system of stimuli of the nervous apparatus, and the predisposition generated by the habit of waiting and ruling out the consequent appearance of other events and stimuli is that consciousness is conformed and the cognitive apparatus of the knowledge subject.

But, likewise, those “spontaneous classifications” allow the appearance of an abstract set of functionally related notions whose ordering does not depend on a deliberate decision. These are the cases of norms with empirical observation and of what Douglass North called “informal institutions.” The value of the contribution of Friedrich Hayek in Law, legislation and Liberty consists in both the positive legal norms (deliberately created by the legislator) and the informal institutions that condition our conduct also depend for their enunciation of that abstract order of notions that it arises from pure experience.

These logical models -as they are abstract- that make up the consciousness and the cognitive apparatus of the subjects, are in permanent trial and error testing and, therefore, in continuous reformulation. It is a kind of negative feedback process in which the frustration of an expectation is corrected in the interpretative scheme of reality that the individual has, in a process of continuous readjustment. From the invariant reiteration of a certain series of events, a structure is formed that serves as a parameter to order other events of less frequency or more erratic behaviour.

To the extent that the subject continues its experimentation, the spontaneous classification system that makes up its consciousness becomes more complex, incorporating new ranges of events, adjusting its frequency and incorporating new structures. These are the relative limits of knowledge. They depend on the experimentation and the readjustment of the abstract patterns that allowed the subject to classify the events of reality.

However, knowledge can also grow in another direction: consciousness can focus not on the events that come from its perceptions but in the analysis of the classifications themselves. In this activity, the abstract classification schemes that had been shaped by habit do not apply to reality, but reflect on these classifications and extend and reformulate them, not in terms of their experience, but in virtue of their abstract speculation. This is the task of deliberately shaping the logical models to be applied to the interpretation of reality.

The elaboration of a legal theory -for example, about representation-, the description of a market structure -for example, monopolistic competition-, the outline of a sociological explanation -through the ideal types statement, to cite a case- , are situations in which the subject of knowledge does not experiment on events, but reformulates the classificatory systems that until then had arrived spontaneously. Knowledge in this case does not grow in specificity, but increases in levels of abstraction.

These are the cases in which the historian questions not only the interpretative frameworks he uses, but also the conditions that underlie these interpretative frameworks. The philosophy of science dabbled in the scientific paradigms (Thomas Kuhn), or in the research programs (Imre Lakatos), or in the great stories (Jean Francois Lyotard). The common denominator of these three concepts can be found in that they lack an “author,” they are inferences, true conjectures that we make about the framework in which a given scientific community develops tacitly.

Many interpret these currents of philosophy of science, although diverse, as relativistic, since they lend themselves to postulate that the statements of science are conditioned by the historical circumstances that serve as the frame of legitimation. There would not be a truth in itself, but a truth enunciated in a frame of reference. Another way to see it is to interpret these scientific communities structured around a set of practices, procedures, and validation rules whose origin is mainly spontaneous in a sort of “abstract discovery machines.”

In general, a series of physical devices conformed in a process of transforming inputs into exits is called a machine. But such physical devices are organized according to an abstract plane that assigns them functions for a certain process. This plane can be interpreted through mental operations without resorting to the construction of the physical machine, throwing said mental operations verifiable results; we are faced with an abstract machine. In recent times, the term “algorithm” has also been used to compare an information process that does not depend on the free will of the researchers, but consists in the follow-up of an automatic process.

In this line, Friedrich Hayek characterized competition as a process of discovery, that is, as an abstract machine that processes data and yields results that describe reality. In fact, the discovery would be the only function of a system of free competition that gives a differential over the rest of the systems. A monopoly, whose margins of profitability were controlled either by a maximum price or by a tax on profits, would be more efficient in terms of the production of a given good, than a set of small producers without market power and without scale. The scale of the monopolistic producer allows greater efficiency at a technological level than small producers competing with each other, being able to resolve economic inefficiency through regulatory or tax tools. However, in what a system of free competition is incomparably superior is in terms of the discovery process that drives its own dynamics. These are the benefits that innovation brings, as a consequence of an unanticipated system of free competition or competition, which far exceed all the supposed advantages of a regulated system.

It is this innovation that produces, most of the time involuntarily, an institutional system of free competition, called by Acemoglu & Robinson “inclusive economic institutions” – the one that allowed Hayek to characterize it as a process of discovery, in other words, as an abstract innovation machine.

This characterization of innovation processes through institutions that function as algorithms that produce new knowledge can also be extended to scientific communities and to the evolutionary process of legal norms.

[Editor’s note: you can find Part 4 here, and the full essay can be read in its entirety here.]

Two Financial Instruments that made the Modern World

Following my Mr. Darcy piece that outlined the use and convenience of British government debt instruments in the eighteenth (and predominantly the nineteenth) century, I thought to extend the discussion to two particular financial instruments. In addition to the Consols (homogenous, tradeable perpetual government debt) that formed the center of public finance – and whose active secondary market that made them so popular as savings devices – the Bill of Exchange was the prime instrument used by merchants for financing trade and settling debts.

The complementarity of the Consol and the Bill in international finance, roughly from the South Sea Bubble (1720) to the end of Napoleon (1815), was the “secret of success for international finance” (Neal 2015: 101) and arose without an overarching plan, i.e. rather spontaneously. As the Consol is more easily understood for a modern reader, and the Bill is both more ancient and less well understood, I’ll focus the bulk of my attention on the latter.

According to Anderson (1970: 90), the Bill constituted “a decisive turning-point in the development of the English credit system,” but is much older than that. In practice, it was a paper indicating debt and a time for repayment, allowing financing of current trade. Cameron (1967:19) writes that the Bill

was far more ancient than either the banknote or the demand deposit; it had been developed in the Middle Ages. At first the bill was used as a device for avoiding the cost and risks of shipping coin or bullion over great distances, then as a credit instrument which circumvented the Church’s prohibition of usury. When it first came to be used as a means of current payment is a moot question that may never be answered, but that it was so used in eighteenth-century England is beyond doubt.

The Bill was predominantly used in coastal cities in the Mediterranean and around the North-Sea, becoming frequent perhaps in the 1700s. One observer even dates an early instance of its use to 1161, and it was of standard use among traveling traders, merchants and brokers throughout the Middle Ages (Cassis & Cottrell 2015: 12). Occasionally – warranting a discussion of its own – Bills in England became “so widespread that they drove out even banknotes” (Cameron 1967: 19).

There is an unfitting competition among financial historians as to who can produce the most persuasive, informative or complicated schedule for how Bills worked (I know of at least four similar, yet uncredited, renditions). Here’s Anthony Hotson’s (2017: 92) attempt from last year:

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  1. We start, counter-intuitively, in the top-right corner. Andrew, an English exporter of Apples, draws up a Bill on Bas, a Amsterdam maker of Bankets – a Dutch pastry. Bas, having no coin/gold available to pay Andrew – either because he won’t have the funds until after he has sold his apple-flavored(!) Bankets, or because the risk of loss or cost of transportation is too great – accepts the Bill and returns it to Andrew.
  2. Having returned it to Andrew, we now have a debt and a financial instrument; Bas has promised to pay Andrew £x for the apples in 90 days, a common duration for a Bill of exchange.
  3. But like most merchants, Andrew cannot wait 90 days for payment; he has sold and shipped his Apples, but needs funds for himself (feeding his family, or investing in new Apple-harvesting equipment etc). In the heyday of British financial markets, Andrew could simply visit a bank, Bill-broker or the London financial markets himself, and offer to sell the Bill there. Of course, Andrew won’t be able to sell the Bill for £x, since his buyer is effectively providing him with a loan for 90 days. The bank, bill-broker or financial market trader will discount the Bill with the going interest rate (say 6%, for one-quarter of a year, so ~1.5%), paying at most £0.985x for the Bill. Besides, there is a risk-of-default element involved, so the buyer applies a risk premium as well, perhaps buying the Bill at £0.95x.
  4. In the schedule above Hotson uses the Bill trade to show how merchants trading Bills could net out their respective debts and minimize the need to send payment across the British channel. For (3) and (4), then, we replace the banker with an English importer – Dave – of Dutch goods (perhaps tin-glazed pottery) looking for a way to pay his Amsterdam pottery supplier, Cremer. Instead of shipping gold to Amsterdam, Dave may purchase Andrew’s Bill, and settle his account with Cremer by sending along the Bill drawn on Bas. Once the 90 days are up, Cremer can simply wander over to Bas’ pastry shop and present him with the Bill to receive payment for the goods Cremer already shipped to England.

This venture can – and usually was – made infinitely more complicated; we can add brokers and discounting banks in every transaction between Andrew, Bas, Dave and Cremer, as well as a number of endorsers and re-discounters. In his popular book Exorbitant Privilege, Barry Eichengreen recounts a 12-step, several-pages long account for how a U.S. importer of coffee and his Brazilian supplier both get credit and signed papers from their local (New York + Brazil) banks, how both banks send their endorsed bills to their London correspondent banks, and some investor in the London money markets purchase (and perhaps re-sell) the Bill that eventually settles the transaction between the American coffee importer and the Brazilian farmer.

Although it might sound excessive, complicated and impossible to overlook, the entire process simplified business for everyone involved – and allowed business that otherwise couldn’t have been done. In econo-speak, the Bill of Exchange set within a globalizing financial system, extended the market for merchants and farmers and customers alike, lowered transaction costs and solved information asymmetries so that trade could take place.

Turning to the opposite end of the maturity spectrum, the Consol as a perpetual debt by the government was never intended to be repaid. Having a large secondary market of identical instruments, allowed investors or financial traders everywhere to pass Gorton’s No-Questions-Asked criteria for trade. A larger market for government debt, such as after Britain’s wars in the late-1700s and early 1800s, allowed dealers in financial markets to a) be reasonably certain that they could instantly re-sell the instrument when in need of cash, and b) quickly and effortlessly identify it. These aspects contributed to traders applying a smaller risk premium to the instrument and to be much more willing to hold it.

While the Bills were the opposite of Consols in terms of homogeniety (they all consisted of different originators, traders, and commodities), there developed specialized dealers known as Discount Houses whose task it was to assess, buy, and sell Bills available (Battilosso 2016: 223). Essentially, they became the credit rating institutions of the early modern age.

Together these two instruments, the Bills of Exchange and the Consols, laid the foundations for the modern financial capitalism that develops out of the Amsterdam-London nexus of international finance.

Watson my mind today: labor markets

And how ‘bout them Dodgers, hunh? Actually, how about each division’s top team? That’s a lot of winning!

— A partial response to Marx’ claim that managers are expropriating the value produced by the workers while providing nothing themselves: “The study showed that managers didn’t just influence the results their teams achieved, they explained a full 70% of the variance. In other words, if it’s a superior team you’re after, hiring the right manager is nearly three-fourths of the battle.”

— Boudreaux wonders what supposedly-enormous transaction cost prevents firms from offering workers a choice of pay packages – buying more parental time for a lower wage, for instance. One commenter notes their firm does just that, letting workers buy back vacation time. This is also, of course, standard practice in much of academia, where faculty are allowed to reduce their teaching load in exchange for a salary cut – usually funded by a research grant.

— Sumner on how labor market reforms (including cutting unemployment benefits) helped Germany and Israel to lower average unemployment rates and increase economic growth.

— But there appears to be a great deal that only deregulation will not be able to change. A new paper by Berger and Engzell finds correlation between the European-country-of-origin of people in modern US and the level of inequality and intergenerational mobility. Institutions persist for a very, very long time … again. (Homework: How does this apply to the reparations debate?)

— Another new paper by Fone, Sabia, and Cesur finds that higher minimum wages increase property crime arrests – contra expectations – so that “a $15 Federal minimum wage could generate criminal externality costs of nearly $2.4 billion.”

— A history of civil asset forfeiture tells how the British Crown’s attempt to encourage the Royal Navy to enforce trade restrictions and tariffs became so widely used in modern America.

— Summers and Sarin show that wealth taxes will take in much less than their proponents hope.

Should the US intervene in Venezuela?

With the ongoing troubles in Venezuela some commentators ask for a humanitarian intervention, by the US. Intervention by other countries, for example Brasil, seem to be out of the question. And of course the US has long regarded Central and South America their backyard, going back to the Monroe doctrine. What would be a liberal perspective on this? Basically, there are three answers.

Most people who call themselves liberal in the US have a favourable attitude towards humanitarian intervention. Or used to have this over the past decades (until it went wrong -at least in their view- in Iraq and Afghanistan). Their motives differ, but they would probably argue that there is a moral duty to intervene on behalf of the suffering majority. This moral duty, however defined in detail, is seen to exist when grave abuse of human rights take place in failed state situations, people’s lives are under threat, when a danger of genocide exists. The intervention may take place unauthorized (without United Nations Security Council mandate), or authorized. Dangers of intervention are recognized by liberals, as for example the potential for abuse by the intervening state is ever present. Liberals are less concerned about the duty of the governments of intervening countries towards their own citizens.

Classical liberals start by pointing out there is never a moral duty to intervene, because, as Adam Smith wrote, for humans there is only the duty to mind the happiness of their relatives, friends, country. This is not to say there is never a right to intervention in the classical liberal view. For sure, this right should be exercised in very rare circumstances, as international relations is more about preserving order than about achieving justice for all, and more about the importance of sovereignty for individual liberty than about obligations or rights following from a shared humanity. Yet prudent leaders do have some room for manoeuvre in international politics, according to classical liberals. However, intervention can only take place if they are able to explain to their voters and countrymen how the intervention would promote natural liberty. Foreign intervention is often counterproductive, and only an option when international disorder is seriously under threat. However, most often, the benefits of nonintervention outweigh the costs of attempting a universal protection of even a limited set of rights. Interventions start with the best intentions, but will often have unforeseen, negative consequences, which only in rare cases will be justified.

Libertarians normally have the most straightforward position: the anarcho-capitalists will not allow their private armies to conduct foreign adventures, while most minarchists (Rand excepted) are of the same opinion in case of (partly) publicly funded armies. So for them it is easy, no troops to Caracas.

How about the classical liberal and social liberal (as I continue to call them) position towards Venezuela? First of all: there is no question the situation is bad for large groups of Venezuelans. Maduro is a rotten and corrupt leader, standing on the shoulders of his socialist fairy tale teller predecessor – who was by the way democratically elected by those same Venezuelans, in very large numbers. Closing borders is the common instrument of autocratic leaders without any societal support. Inflation is high, the oil sector is in peril, basic medical services are beyond the reach of millions. There is a contending president, Guaidó, yet he appears to lack the support of the army and other crucial actors. The Catholic church refuses to take a position, for example.

Yet the costs of an intervention are high and the outcome uncertain. The military part might not be so easy, and will cost lives and lead to tremendous economic damage, both in Venezuela and the US. Guaidó, who now seems the reasonable alternative, is basically a young and unproven guy, without any track record. No certainty exists that he will lead the country in the good direction, even if he wants too. To reconstruct the country will almost certainly demand billions of dollars, which will not be easily recouped once the oil sector is on its feet again (remember that argument from the start of the intervention in Iraq?). It will take years before US troops on the ground can return home.

Needless to say this analysis is incomplete and lacks sufficient detail for any policy decision. Still, all in all, I would advise against intervention. Despite the bad situation, the proposed cure seems worse, not least from the perspective of the intervening country.