David Friedman explains the economics of pollution

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David Friedman on the causes of the global financial crisis and the great recession

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Rational Criminals and Profit-Maximizing Police

via Rational Criminals and Profit-Maximizing Police.

Legal Systems Very Different from Ours – David Friedman’s forthcoming book

The central idea of David Friedman’s forthcoming book on legal systems of different societies is they face similar problems and solve them, or fail to, in an interesting variety of ways.

Looking at a range of such societies and trying to make sense of their legal systems provides a window into both problems and solutions, useful for the general project of understanding law—in particular but not exclusively from an economic point of view—and for the narrower project of improving it.

Unlike the usual course in comparative law, he did not look at systems close to ours such as modern Civil Law or Japanese law. Instead, Friedman examined systems from the distant past (Athens, Imperial China), from radically different societies (saga period Iceland, Sharia), or contemporary systems independent of government law (gypsy law, Amish).

System Chapters
Icelandic Law
18th c. English Criminal Law
Gypsy Law
Chinese Law
Athenian Law: The Work of a Mad Economist
Jewish Law
Islamic Law [Recently Updated]
Plains Indian Law
Puzzles of Irish Law
Amish Law
Somali Law [Recently Updated]
Commanche, Kiowa and Cheyenne: The Plains Indians
Thread Chapters

Enforcement Mechanisms: Civil, Criminal, And Lots More

The Incentive to Enforce: What and How Much

Embedded and Polylegal Systems

God as Legislator
Making Law
Guarding the Guardians

His Class web page is based on Student Papers from the SCU Seminar

David Friedman on Director’s law and and poverty and inequality under capitalism

HT: Cafe Hayek

What causes pollution – David Friedman

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The power and self-discipline of parsimonious analysis

Some bristle over the small size of the basic analytical tool kit of economists and the leanness of the behavioural assumptions therein (Stigler 1987). 

Simpler explanations and more parsimonious abstractions are better ‘engines for the discovery of concrete truth’ about how people will respond to changes in their economic and social environments.

A limited set of causes or postulates in a theory reduces the chances that one or more of the assumptions on a more extensive list inadvertently explains away in an ad hoc manner every possible anomaly, or allows for a deft reinterpretation and/or adaptation to temporise and escape refutation. An every growing number of auxiliary hypotheses and ah hoc assumptions to co-op inconvenient facts may forever immunise the basic theory under scrutiny against testing and falsification (Olson 1982; Popper 1963). More parsimonious abstractions are less likely to found theories that seem to have successfully explained a particular social phenomenon spuriously by chance.

Complex human objectives are not assumed in economic analysis because everything could be explained and nothing could be falsified. Every empirical anomaly could be covered in advance by assuming human objectives that are sufficiently complex and large enough in number that are pursued with a high frequency of error and inertia (Friedman 1990; Popper 1963).

Subsequent ad hoc reinterpretations that add new objectives or additional sources of human frailty can finesse major anomalies to make the basic theory compatible with the facts to side-step refutation. Heavily qualified theories and intricate explanations of narrow application rarely come in the open for long enough to be found wanting.

A good theory is a prohibition: the theory forbids certain things to happen. The more that a theory forbids, the better the theory is. Bold, novel and chancy predictions are even better still.

These predictions are less likely to explain social and economic behaviour spuriously by chance. If incorrect or incomplete, bold and novel predictions are more likely to be quickly found at odds with experience and the basic theory is either revised or is discarded (Popper 1963).

Market Failure, Considered as an Argument both for and Against Government| David Friedman

At least 20% of New Zealand workers are subject to occupational regulation

There are at least 98 regulated occupations in New Zealand covering about 20% of the workforce. In 2011, this amounts to 440,371 workers. The skills that are regulated range across all skill sets and many occupations:

  • 49% of regulation is in the form of a licence;
  • 18% of regulated work is in the form of licensing of tasks;
  • 31% of regulated workers require a certificate; and
  • 4% of regulated workers require registration.

There are 32 different governing Acts that regulated occupations in New Zealand with 55% of the workers subject to occupational regulation are employed in just five occupations:

  • 98,000 teachers;
  • 48,500 nurses;
  • 42,730 bar managers;
  • 32,733 chartered accountants; and
  • 22,749 electricians.

The Health Practitioners Competency Assurance Act 2003 regulates 22 occupations and a total of 89,807 workers. The next best is the 10 occupations regulated by the Health and Safety in Employment Act 2002 which regulates an unknown number of occupations. The Civil Aviation Act 1990 regulates eight occupations and 19,095 workers, the Building Act 2004 regulates seven occupations and 21,101 workers and the Maritime Transport Act 1994 regulates six occupations and 20,500 workers. 12 of the regulated occupations are regulated under laws passed since 2007.

The purpose of occupational regulation is to protect buyers from quacks and lemons – to overcome asymmetric information about the quality of the provider of the service.

Adverse selection occurs when  the seller knows more than the buyer about the true quality of the product or service on offer. This can make it difficult for the two people to do business together. Buyers cannot tell the good from the bad products on offer so many they do not buy to all and withdraw from the market.

Goods and services divide into inspection, experience and credence goods.

  • Inspection goods are goods or services was quality can be determined before purchase price inspecting them;
  • Experience goods are goods whose quality is determined after  purchase in the course of consuming them; and
  • Credence goods are goods  whose quality may never be known for sure  as to whether the good or service actually worked – was that car repair or medical procedure really necessary?

The problem of adverse selection over experience and credence goods present many potentially profitable but as yet unconsummated wealth-creating transactions because of the uncertainty about quality and reliability.

Buyers are reluctant to buy if they are unsure of quality, but if such assurances can be given in a credible manner, a significant increase in demand is possible.

Any entrepreneur who finds ways of providing credible assurances of the quality of this service or work stands to profit handsomely. Brand names and warranties are examples of market generated institutions that overcome these information gaps through screening and signalling.

Screening is the less informed party’s effort, usually the buyer, to learn the information that the more informed party has. Successful screens have the characteristic that it is unprofitable for bad types of sellers to mimic the behaviour of good types.

Signalling is an informed party’s effort, usually the seller, to communicate information to the less informed party.

The main issue with quacks in the labour market is whether there are a large cost of less than average quality service, and is there a sub-market who will buy less than average quality products in the presence of competing sellers competing on the basis of quality assurance. This demand for assurance creates opportunities for entrepreneurs to profit by providing assurance.

David Friedman wrote a paper about contract enforcement in cyberspace where the buyer and seller is in different countries so conventional mechanisms such as the courts are futile in cases where the quality of the good is not as promised or there is a failure to deliver at all:

Public enforcement of contracts between parties in different countries is more costly and uncertain than public enforcement within a single jurisdiction.

Furthermore, in a world where geographical lines are invisible, parties to publicly enforced contracts will frequently not know what law those contracts are likely to fall under. Hence public enforcement, while still possible for future online contracts, will be less workable than for the realspace contracts of the past.

A second and perhaps more serious problem may arise in the future as a result of technological developments that already exist and are now going into common use. These technologies, of which the most fundamental is public key encryption, make possible an online world where many people do business anonymously, with reputations attached to their cyberspace, not their realspace, identities

Online auction and sales sites address adverse selection with authentication and escrow services, insurance, and on-line reputations through the rating of sellers by buyers.

E-commerce is flourishing despite been supposedly plagued by adverse selection and weak contract enforcement against overseas venders.

In the labour market, screening and signalling take the form of probationary periods,  promotion ladders, promotion tournaments, incentive pay and the back loading of pay in the form of pension investing and other prizes and bonds for good performance over a long period.

In the case of the labour force, there are good arguments that a major reason for investments in education is as a to signal quality, reliability, diligence as well as investment in a credential that is of no value the case of misconduct or incompetence. Lower quality workers will find it very difficult if not impossible to fake quality and reliability in this way – through investing in higher education.

In the case of teacher registration, for example, does a teacher registration system screen out any more low quality candidates for recruitment than do proper reference checks and a police check for a criminal record.

Mostly disciplinary investigations and deregistrations under the auspices of occupational regulation is for gross misconduct  and criminal convictions rather than just shading of quality.

Much of personnel  and organisational economics is about the screening and sorting of applicants, recruits and workers by quality and the assurance of performance.

Alert entrepreneurs have every incentive to find more profitable ways to manage the quality of their workforce and sort their recruitment pools.

Baron and Kreps (1999) developed the recruitment taxonomy made up of stars, guardians and foot-soldiers.

Stars hold jobs with limited downside risk but high performance is very good for the firm – the costs of hiring errors for stars such as an R&D worker are small: mostly their salary. Foot-soldiers are employees with narrow ranges of good and bad possible outcomes.

Guardians have jobs where bad performance can be a calamity but good job performance is only slightly better than an average performance.

Airline pilots and safety, compliance, finance and controller jobs are all examples of guardian jobs where risk is all downside. Bad performance of these jobs can  bring the company down. Dual control is common in guardian jobs.

The employer’s focus when recruiting and supervising guardians is low job performance and not associating rewards and promotions with risky behaviours. Employers will closely screen applicants for guardian jobs, impose long apprenticeships and may limit recruiting to port-of-entry jobs.

The private sector has ample experience in handling risk in recruitment for guardian jobs. Firms and entrepreneurs are subject to a hard budget constraints that apply immediately if they hire quacks and duds.

Blackboard economics says that governments may be able to improve on market performance but as Coase warned that actually implement regulatory changes in real life is another matter:

The policy under consideration is one which is implemented on the blackboard.

All the information needed is assumed to be available and the teacher plays all the parts. He fixes prices, imposes taxes, and distributes subsidies (on the blackboard) to promote the general welfare.

But there is no counterpart to the teacher within the real economic system

Occupational regulation  comes with the real risk of the regulation turning into an anti-competitive barrier to entry as Milton Friedman (1962) warned:

The most obvious social cost is that any one of these measures, whether it be registration, certification, or licensure, almost inevitably becomes a tool in the hands of a special producer group to obtain a monopoly position at the expense of the rest of the public.

There is no way to avoid this result. One can devise one or another set of procedural controls designed to avert this outcome, but none is likely to overcome the problem that arises out of the greater concentration of producer than of consumer interest.

The people who are most concerned with any such arrangement, who will press most for its enforcement and be most concerned with its administration, will be the people in the particular occupation or trade involved.

They will inevitably press for the extension of registration to certification and of certification to licensure. Once licensure is attained, the people who might develop an interest in undermining the regulations are kept from exerting their influence. They don’t get a license, must therefore go into other occupations, and will lose interest.

The result is invariably control over entry by members of the occupation itself and hence the establishment of a monopoly position.

Friedman’s PhD was published in 1945 as Income from Independent Professional Practice. With co-author Simon Kuznets, he argued that licensing procedures limited entry into the medical profession allowing doctors to charge higher fees than if competition were more open.

Data Source: Martin Jenkins 2012, Review of Occupational Regulation, released by the Ministry of Business, Innovation and Employment under the Official Information Act.

David Friedman – Poor People are Worse off Thanks to Government – YouTube

via David Friedman – Poor People are Worse off Thanks to Government – YouTube.

David Friedman – Application of Economic Analysis to the Law

https://www.youtube.com/watch?v=zHTj0iccdVM#t=87

Legal rules exist to change what people do…

Economics deals with how people respond to incentives…

Economics can both help make sense of the law and help decide what the law should be…

what we call the principles of justice may be actually be rules for thumb for producing efficient outcomes.

A professor of law and economics who has never take a course for credit in either law or economics

David Friedman on How to Privatize Everything

The Simple Case for Laissez-Faire

The discussion so far suggests a simple solution to the problem of creating efficient legal rules – private property plus freedom of exchange.

Everything belongs to someone. Everyone is free to buy or sell on any terms mutually acceptable to buyer and seller… Any new good belongs to whoever produced it.

So if the cost of producing a good, the summed cost of all the necessary inputs, is less than its value to whoever values it most, it will pay someone to buy the inputs, produce the good, and sell it to the highest bidder.

Not only do all goods end up in their highest valued uses, but all goods are produced if and only if their value to whoever values them most is greater than their cost to whoever can produce them most easily

On net, are the results good or bad?

Prison numbers are too high?

How can prison numbers be too high? There are unsolved crimes: murders, robberies, sexual assaults and burglaries to name a few.

There are people out there who should have been arrested, convicted and sent to prison for serious crimes. Many of them are repeat offenders and career criminals.

I have never understood the reasoning behind the notion that prison numbers are too high.

Concerns about prison numbers being too high is exclusively a concern about the criminals who were sent to prison. Their victims are never mentioned nor are victims of unsolved crime who have been denied justice.

There is an economic literature on the efficient level of crime. Those that are concerned about prison numbers being too high explicitly reject the economics of crime literature for the purpose of framing public policy about criminal justice. The reason is obvious from this passage by David Friedman:

The economic analysis of crime starts with one simple assumption: Criminals are rational.

A mugger is a mugger for the same reason I am a professor-because that profession makes him better off, by his own standards, than any other alternative available to him.

Here, as elsewhere in economics, the assumption of rationality does not imply that muggers (or economics professors) calculate the costs and benefits of available alternatives to seventeen decimal places-merely that they tend to choose the one that best achieves their objectives.

If muggers are rational, we do not have to make mugging impossible in order to prevent it, merely unprofitable.

If the benefits of a profession decrease or its costs increase, fewer people will enter it-whether the profession is plumbing or burglary.

If little old ladies start carrying pistols in their purses, so that one mugging in ten puts the mugger in the hospital or the morgue, the number of muggers will decrease drastically-not because they have all been shot but because most will have switched to safer ways of making a living.

If mugging becomes sufficiently unprofitable, nobody will do it.

Putting more offenders in prison should decrease crime by both incapacitating incarcerated offenders and deterring potential offenders.

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