Source: 1976 Monday Conference transcript featuring Hayek « Economics.org.au.
@paul1kirby why does @OECD claim that Indians trust their judicial system so much?
07 Feb 2016 Leave a comment
in development economics, economics of regulation, growth disasters, law and economics, property rights Tags: bribery and corruption, capitalism and freedom, doing business, economics of corruption, Index of Economic Freedom, India, rule of law
For a country riddled with corruption, Indians report the surprising amount of confidence in their courts despite the corruption in those courts as well.
Source: Index of Economic Freedom.
Corruption vs. Human Development
09 Dec 2015 Leave a comment
in development economics, economic history, economics of bureaucracy, economics of crime, economics of regulation, growth disasters, growth miracles, income redistribution, industrial organisation, law and economics, Public Choice, rentseeking Tags: bribery and corruption, capitalism and freedom, rent seeking, rule of law, The Great Fact
Corruption vs. Human Development (HDI) http://t.co/WNlSMYzdWD—
Max Roser (@MaxCRoser) August 08, 2015
The rise of democracy in the 20th century
20 Sep 2015 Leave a comment
in constitutional political economy, income redistribution, liberalism, Marxist economics, Public Choice, rentseeking, war and peace Tags: Age of the Enlightenment, capitalism and freedom, rule of law
Washington Supreme Court Fines State $100,000.00 Per Day For Legislature Failing To Fund Education
15 Aug 2015 Leave a comment
in constitutional political economy, law and economics, politics - USA, public economics Tags: constitutional law, rule of law, separation of powers
By Darren Smith, Weekend contributor
Nearly eleven months after holding the State of Washington in contempt for failing to provide an adequate funding plan for financing primary education in the state, the Washington Supreme Court issued an order fining the state $100,000.00 per day until the legislature satisfies the Court’s judgement in its landmark McCleary decision.
After three special sessions, the Legislature failed to provide a clear and fully funded plan. The Court acted, much to the chagrin of many of the state legislators. A few of which had some rather interesting solutions to address their failures to act.
View original post 1,375 more words
Unexpected kind word for Parliament House protesters @GreenpeaceNZ @RusselNorman @NZGreens @greencatherine
15 Aug 2015 2 Comments
in constitutional political economy, economics of crime, environmental economics, global warming, law and economics, liberalism, politics - New Zealand, Public Choice, Rawls and Nozick, rentseeking Tags: civil disobedience, climate alarmism, expressive voting, Greenpeace, John Rawls, Justice Scalia, Leftover Left, rule of law
PRESS RELEASE: Greenpeace Parliament Climbers Convicted of Trespass bit.ly/1DRfKMG #realclimateaction http://t.co/sxRokpwRNk—
Greenpeace NZ (@GreenpeaceNZ) August 13, 2015
The Greenpeace vandals who trespassed at Parliament, climbing up to put signs down the front in flagrant disregard of the most ample possible options for peaceful protest right outside at least had the integrity to plead guilty. That shows some sort of fidelity to law and an acknowledgement that what they did was a criminal offence.
John Rawls makes the point that the purpose of civil disobedience is not to impose your will upon others but through your protest to implore them to reconsider their position and change the law or policy you are disputing.
Rawls argues that civil disobedience is never covert or secretive; it is only ever committed in public, openly, and with fair notice to legal authorities. Openness and publicity, even at the cost of having one’s protest frustrated, offers ways for the protesters to show their willingness to deal fairly with authorities. Rawls argues:
- for a public, non-violent, conscientious yet political act contrary to law being done (usually) with the aim of bringing about a change in the law or policies of the government;
- that appeals to the sense of justice of the majority;
- which may be direct or indirect;
- within the bounds of fidelity to the law; and
- whose protesters are willing to accept punishment. Although civil disobedience involves breaking the law, it is for moral rather than selfish reasons; the willingness to accept arrest is proof of the integrity of the act.
Rawls argues, and too many forget, that civil disobedience and dissent more generally contribute to the democratic exchange of ideas by forcing the champions of dominant opinion to defend their views.
Legitimate non-violent direct action are publicity stunts to gain attention and provoke debate within the democratic framework, where we resolve our differences by trying to persuade each other and convince the electorate.
Too many acts of non-violent direct action aim to impose their will on others rather than peaceful protests designed to bring about democratic change in the laws or policies of the incumbent government. That ‘might does not make right’ is fundamental to the rule of law. As United States Supreme Court Justice Antonin Scalia said
The virtue of a democratic system [with a constitutionally guaranteed right to free speech] is that it readily enables the people, over time, to be persuaded that what they took for granted is not so and to change their laws accordingly..
Both sides passionately but respectfully attempt to persuade their fellow citizens to accept their views. Win or lose, advocates for today’s losing causes can continued pressing their cases, secure in the knowledge that an electoral loss today can be negated by a later electoral win, which is democracy in action as Justice Kennedy explains:
…a democracy has the capacity—and the duty—to learn from its past mistakes; to discover and confront persisting biases; and by respectful, rationale deliberation to rise above those flaws and injustices…
It is demeaning to the democratic process to presume that the voters are not capable of deciding an issue of this sensitivity on decent and rational grounds.
The process of public discourse and political debate should not be foreclosed even if there is a risk that during a public campaign there will be those, on both sides, who seek to use racial division and discord to their own political advantage. An informed public can, and must, rise above this. The idea of democracy is that it can, and must, mature.
Freedom embraces the right, indeed the duty, to engage in a rational, civic discourse in order to determine how best to form a consensus to shape the destiny of the Nation and its people. These First Amendment dynamics would be disserved if this Court were to say that the question here at issue is beyond the capacity of the voters to debate and then to determine.
John Rawls’ view that fidelity to law and democratic change through trying to persuade each other is at the heart of civil disobedience reflects the difference between the liberal and the left-wing on democracy and social change as Jonathan Chait observed this week:
Liberals treat political rights as sacrosanct. The left treats social and economic justice as sacrosanct. The liberal vision of political rights requires being neutral about substance.
To the left, this neutrality is a mere guise for maintaining existing privilege; debates about “rights” can only be resolved by defining which side represents the privileged class and which side represents the oppressed…
Liberals believe that social justice can be advanced without giving up democratic rights and norms. The ends of social justice do not justify any and all means.
How the left-wing and liberal visions of democracy are different nymag.com/daily/intellig… http://t.co/Qk5vS9SaV4—
Jonathan Chait (@jonathanchait) August 13, 2015
Has Africa Outgrown Development Aid?
03 Aug 2015 Leave a comment
in applied price theory, development economics, economic history, economics of bureaucracy, growth disasters, growth miracles, Public Choice, rentseeking Tags: Africa, capitalism and democracy, capitalism and freedom, rule of law, The Great Fact
How to make the case for arming British police when attacking American police shootings
26 Jul 2015 Leave a comment
in economics of crime, health and safety, labour economics, law and economics, politics - USA Tags: common law, crime and punishment, law enforcement, occupational health and safety, police, rule of law
More British English, Scottish and Welsh police (68) have been murdered by gunfire than British police have shot people dead (52) in over a century.

Source: Number of police officers shot dead in the UK by decade | John Graham-Cumming.
This suggests to me that the ledger is in the wrong direction. This list does not include British police stabbed or beaten to death nor are Northern Ireland deaths.
According to the FBI, from 1980–2014, an average of 55 law enforcement officers are feloniously killed per year in the USA. Those killed in accidents in the line of duty are not included in this number.
More law enforcement officers are murdered every year in the USA than ever murdered by gunfire in Britain. Police have the same common law right as any other to defend their own lives and the lives of others.
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Democracy is not untrammelled majority rule
26 Jul 2015 Leave a comment
in constitutional political economy, liberalism, Public Choice Tags: Bill of Rights, constitutional law, free speech, rule of law
Takings, property rights and democracy
25 Jul 2015 Leave a comment
in politics - USA, property rights Tags: constitutional law, rule of law, takings
Flags of the British Empire
13 Jul 2015 Leave a comment
in constitutional political economy, economic history, Public Choice Tags: age of empires, British empire, British imperialism, British justice, capitalism and freedom, imperialism, rule of law, the common law
Flags of the British Empire. http://t.co/feiKPR3BnK—
History Facts 247 (@historyfacts247) July 04, 2015
Doing Business in the USA and Canada – World Bank rankings compared
10 Jul 2015 Leave a comment
in applied welfare economics, economics of bureaucracy, economics of regulation, law and economics, politics - USA, property rights, Public Choice Tags: Canada, doing business, rule of law, World Bank
Figure 1: Doing Business in the USA, Canada, World Bank rankings, 2014
Source: Doing Business – Measuring Business Regulations – World Bank Group.
It’s easier to do business in the USA and Canada because of the difficulties with construction permits and getting electricity and few more problems with enforcing contracts and registering property. It is easy to open a business in Canada.
Doing business in Russia and Italy – World Bank rankings compared
05 Jul 2015 Leave a comment
in applied price theory, applied welfare economics, comparative institutional analysis, economics of regulation, entrepreneurship, industrial organisation, international economics, law and economics, property rights, survivor principle Tags: doing business, Eurosclerosis, Italy, rule of law, Russia, transitional economies
Figure 1: Doing Business rankings, Russia and Italy, 2014
Source: World Bank Doing Business 2015.
It is rather disturbing that it is a lot easier to register property and enforce contracts in Russia than in Italy and far harder to pay your taxes in Italy. Once again, Italy’s saving grace is the ability to trade across borders Because of its membership of the European Union.
Legal systems and property rights in Greece and Russia – Index of Economic Freedom rankings compared
05 Jul 2015 Leave a comment
in applied price theory, applied welfare economics, comparative institutional analysis, constitutional political economy, development economics, economics of crime, economics of regulation, growth disasters, industrial organisation, law and economics, property rights Tags: capitalism and freedom, Greece, rule of law, Russia
Figure 1: Index of Economic Freedom rankings for legal systems and property rights, Greece, Russia and USA, 2012
Source: Economic Freedom of the World – Annual Report 2014 | www.freetheworld.com.
Overall, there are not that many differences between Greece and Russia in the quality of their legal systems and property rights. Don’t go to the police in Russia and good luck trying to enforce contracts in Greece.

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