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"Market-oriented-left-libertarianism" - a simple platform

Earlier today, while coffee was still percolating through my system, I characterized myself on Facebook as a "market-oriented-left-libertarian." I wrote it somewhat flippantly, as I often do with such comments, but it also immediately resonated. And throughout the day as other things occupied my time, I think some chunk of the grey matter was ruminating away (probably much like a cow).

 Here's what I've come up with. Without footnotes, paragraphs of justification, attempts to derive each from sound theoretical principles in economics, anthropology, or evolutionary theory. In other words, without any of the stuff I usually say, which tends to appeal only to people "like me" (overly nerdy, overly educated, academic obsessives).

 In other words, a simple platform. This is for people, perhaps like myself, who love liberty and freedom to do what we want with our lives, but expect government to play a role in ensuring a reasonably fair playing field, don't believe that unfettered markets have any way or mechanism for ensuring reasonably fair playing fields given incomplete information and incomplete contracts, but expect government to be kept firmly in check, reasonably efficient, and not squander our collective wealth. It's for people who expect that we'll provide a safety net against ultimate disaster for citizens, but not coddle them so they don't want to contribute to society.

 In other words, for those who want the best of what both American political parties have to offer, with some strongly libertarian views on rights and privacy added into the mix.

 So here goes.

 1. Competition is good because it forces everyone to try to do better, and thus improve the conditions of our lives. Competition doesn't have to be aggressive or socially combative, and often isn't. And it can be taken too far, both in our philosophies and in our actions.

 2. Competition, in the form of a market in which we match buyers and sellers of goods and services, is the best way we've figured out as a species to make sure things which require skills, or only occur in specific places, get distributed to the places and people that need them. With a reasonable degree of efficiency and while providing incentives to those who produce to keep making things we need.

 3. Markets work best when everyone has the information needed to make reasonable decisions about buying and selling. "Best", in this sense, means a roughly pareto-optimal outcome.

 4. Markets, however, are subject to manipulation behind the scenes and via the processes of governmental regulation. Some of these manipulations can be very, very bad, as when private companies make decisions which create hidden risk for everyone else in the marketplace, without disclosing those risks. To some extent, we've seen this in the financial system, credit card industry, and insurance industries.

 5. Some manipulations or interventions in the market can be good; since most of us cannot personally collect the data needed to ensure that a packaged food product is safe, we demand that someone do it on our behalf which is not overly manipulated or accountable to the manufacturers of the products being tested. This is what we expect the FDA to do for us, for example, and most of us would consider some version of such regulation to be a good use of taxation.

 6. Such regulation is key in any number of areas. A good example are public investment markets. Even if we had full, transparent, completely public access to the internal records of all public companies and investment funds, most citizens will lack the expertise along one or more dimensions -- financial, accounting, domain experience for what the company does -- to properly evaluate the veracity of what we're told. Nor do most citizens directly want this responsibility. Instead, we collectively insist that an independent, accountable group which is insulated legally, and if necessary constitutionally, be in charge of validating claims made by public companies, banks, and investment entities. Today we have the SEC and other agencies; these are worth funding and improving.

 7. In other words, markets and regulation are two sides of a coin. Markets should be preferred whenever there's a reasonable expectation that the participants will get a better deal by doing it privately, and if the market can exist without a lot of hidden manipulation. Markets + regulation should be the solution for situations where participants can get a better deal by doing it privately, but need some kind of structure to ensure that buyers get reliable information from sellers -- i.e., where it would be impractical or impossible for a buyer to verify information themselves.

 8. Public projects, used in lieu of markets, are useful primarily in situations where suitable incentives in the private sector don't exist to provide a social good or service that at least a good majority of us believes should be a social service, and that we're willing to be taxed to pay for. Maintaining roads, operating public universities to provide higher education at prices that smaller private schools can't match. And so on.

 9. Most importantly, as citizens I see us as both in competition with, and in cooperation with, each other. Neither predominates. Occasionally we pull together, as we did in WWII or in some of the Depression-era programs, and put aside the competitive impulse for very good reasons. Much of the time, though, it's alright to try to get ahead, and do better for yourself and your family, aim for the goals that will make your own life good. But that doesn't exclude the ability to want to help everyone else too -- through volunteering in our communities, at churches, running for office, or giving to charities.

 10. Being "in it together" means that we should all consider our taxes as the "membership fee" for citizenship and its privileges. We should actually feel good about paying our taxes, because we know we're building a place we want to live with them. That brings me to the next key point:

 11. Being "in it for ourselves" means that, at the same time, we should be concerned that our taxes be spent wisely, and that we control the costs of the public projects we undertake. To the extent that some independent entity, like the SEC is expected to do on Wall Street, would report back to the American people about how its money is truly being spent. Today we have no such independent agency. The OMB isn't it. The closest thing we have is the Congressional Budget Office, but although they report to Congress, they're part of Congress. Really, they report to the people *through* Congress. We need more independence than that, to account for what our elected officials do when we give them money to spend.

 12. Being "in it together" also means we should be willing to help those in need. For many reasons, each to our own. Some, because of religious belief. Some, because we fear that if we were in a similar position, we'd want a helping hand. Some, because we understand that we understand that the highest payoff of all in the Prisoner's Dilemma is for mutual cooperation, and we believe that it's worth trying to overcome the PD occasionally since it improves things for everyone including ourselves. Whatever the reason, we believe we should not leave anyone behind.

 13. At the same time, we accept that there's inequality built into the outcomes of any system which uses competition as a force for improvement and innovation. We can't, and aren't interested in, *eliminating* economic inequality. We're not egalitarians in this regard.

 14. But we also remember that income inequality used to be much less in this country, and that yielded more people going to college and becoming skilled, and that led to more innovation and opportunity, so there's good logic behind trying to find the right incentives and market regulations to keep income inequality under roughly stable conditions -- in other words, not levelling it but not letting it geometrically increase.

 15. Ways to do this are incredibly tricky and fraught with ways to "game the system," and thus our hardest thinking of all has to go into ways to design those incentives and regulations. And then, of course, they need to be monitored and reported by someone independent, someone we can trust, back directly to the people. Because THIS information, and their fiscal responsibility, is at the core of how we'll judge our elected officials come election time.

 16. And while business needs a voice in the deliberation process towards public policy, and while corporations are "fictitious persons" in our legal system, corporations ARE NOT PEOPLE, AND DO NOT HAVE THE RIGHTS OF CITIZENS. In practical terms, while we might make a public policy decision based on how it might affect investors and employees -- i.e., real citizens -- the welfare of a corporation itself is not the concern of government. People are.

 17. This means that when issues like personal privacy of information come up, government MUST set policy that benefits the greatest number of citizens possible. If this means that regulations can be made which benefit both ordinary citizens (i.e., holders of personal information), and allow companies to make money doing things with personal information that don't harm ordinary citizens, such regulations are preferable to regulations that only protect ordinary citizens and bar all business use of information. But if this ideal state can't be reached, personal privacy and individual citizens must win, every time.

 18. Governmental corruption must be a much, much bigger deal than it is considered today. The Founders lived in a world where the material rewards for corruption were much more obvious and detectable, and the channels for accomplishing it more easily detected. We live in a world of complex systems, money that never assumes material shape, legislation that is hundreds if not thousands of pages long, agencies that enforce, and a crushing load of governmental activity that citizens cannot adequately monitor for themselves, even if there were access. Thus, the Founder's remedies for corruption -- three branches of government, bicameral legislature, checks and balances -- are necessary but not sufficient to tackle corruption today. We need fresh ideas, and a determined citizenry that actually punishes politicians for malfeasance. Make no mistake, we don't need much more in the way of criminal law -- it's illegal to peddle influence -- but we need ways to detect and enforce it much, much more strictly.

 That's it for now. There's undoubtedly more, but this is the broad outlines of what I meant by "market-oriented-left-libertarian."

 I look forward to questions and comments.

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Comments (3)

Sep 21, 2009
 said...
I think that's a great outline, Mark. Brilliant, clear, concise. Seriously. I honestly think your vision here is similar to what the Founders would come up with were they here, and did they have the hindsight of the last couple of centuries. And that is about the highest compliment I can give.

My initial response however is, "And a pony."

What's standing in the way is this:

<quote>And while business needs a voice in the deliberation process towards public policy, and while corporations are "fictitious persons" in our legal system, corporations ARE NOT PEOPLE, AND DO NOT HAVE THE RIGHTS OF CITIZENS.</quote>

Corporations have regained all the power--and more--that we thought we were taking away from them in 1776. And the fact that the major media outlets are all corporate-owned means that there will never be widespread dissemination of any information that would threaten corporate power. Nor will any structures of discourse be allowed that would lead to any threats to that power.

You mention only three checks on power:

<quote>Thus, the Founder's remedies for corruption -- three branches of government, bicameral legislature, checks and balances -- are necessary but not sufficient to tackle corruption today.</quote>

I think it's significant that the Fourth Estate, a free and independent press, ain't part of that conversation.

I don't know if you read about Sonia Sontomayor suggesting in the Supreme Court hearing the other day that perhaps the Court should re-examine the precedent that (mistakenly) established corporations as having the rights of persons. A good, if dangerous, thought. I'd suggest if that doesn't happen, we're basically screwed.

That doesn't mean that exercises in thought such as this one aren't valuable. It's the same kind (and quality) of conversation that went on between Jefferson and the Adams boys and Franklin, et. al.. I just despair of any possiblity of it becoming any part of the American algorithim. Watching what has happened since the election, in the exposure of the depth of corporate control of the government and the media, has only reinforced my cynicism.

Sep 21, 2009
Mark E. Madsen said...
Thanks for the comments, Charles.

Sotomayor is definitely on the right track, but I doubt anything like that would fly with this Court, on any kind of blanket reassessment.

I do think that there could be a challenge on the political speech front, however. Corporations might need to be fictitious individuals for all sorts of purposes -- to give them standing in the legal system to sue and be sued, to pay taxes, to survive the cycling of their human constituents (employees, directors, shareholders), etc. Corporations do have civil rights, under common law and positive corporate law; but civil rights are all that a company really needs.

But if we could just roll back *one* aspect of their fictitious personhood -- the notion that fictitious personhood carries *political* rights, the consequences as you say could be far-reaching.

That sounds daunting, but if you think about it, nobody actually treats corporations as *citizens* from a political perspective today. You can see this in the quintessential act of political participation -- corporations cannot vote as "individuals." Corporations do not count when enumerating population to determine representation in Congress. And so on. So we already recognize, on a largely subconscious level, that corporations aren't citizens or full "persons" in our political process.

What we haven't done is have a conversation nationally about this specifically in terms of political versus civil rights. If we could, it would be pretty clear where most people would stand -- corporations aren't citizens, and shouldn't have the same protections under the First Amendment for their political activities. Nobody I know -- who isn't a lobbyist -- thinks that corporations should shower money on politicians -- regardless of party. The only reason this is allowed is that we can't figure out a way to bring this to a vote that would stick. So instead, we allow court cases to shape its direction.

Merely banning corporate financing of elections -- because let's be honest, that's what lurks behind the innocuous term "contribution" -- isn't enough.

The much bigger job, as you rightly mention, is that corporations would still be free, under the banner of "commerce", to run the media and flood us 7x24 with information that tends to favor their perspective and agenda.

Not that there's anything wrong with commerce, per se -- in another post I'd love to talk about the strong correlation between increases in human freedom and commerce, because it's one of the things that classical liberals and libertarians definitely get *right*. But we all know, and feel, that real competition means not manipulating the political landscape for private gain. Which again, is one of the things that libertarians get right.

Anyhow, I have no particular solutions today to offer, but I'm thinking more about it. I do really like the new direction that Lawrence Lessig is going with his research -- moving away from open copyright law for the moment and focusing on ways we can open government and prevent/expose/monitor corruption. That's probably the best "entry point" into fixing the problems we discussed above, I think....

Sep 21, 2009
Mark E. Madsen said...
I think all of this gets to a point you were aiming at -- the position of the media and "fourth estate" in all this.

The Founders missed the importance of this, and not surprisingly. There wasn't much of an entrenched fourth estate in the 1780's. There were newspapers and broadsheets and pamphlets, of course -- the Revolution probably wouldn't have happened without a robust pamphleteering culture, and the Constitution certainly wouldn't have been ratified without all three -- the 1780's equivalent of blogging, probably.

But it wasn't a big business whose interests were fundamentally at odds with any significant group of the citizenry. There's a really good book by Paul Starr from Princeton, called "The Creation of the Media: Political Origins of Modern Communications" that discusses the early history of how newspapers in the Revolutionary era became media big businesses in the 19th century. Well worth looking at.

So, again with ponies. :) If we had a do-over, or if we do a thought experiment and imagine what Madison, Hamilton, and particularly James Wilson (increasingly my favorite of the Founders philosophically) would do if they faced not just governmental tyranny but a history of monopolistic corporate power?

They'd have "constitutionalized" the role of the free press, of course. How and why and whether this can be done while still leaving a large scope for "entertainment" media is a good question.

But seemingly a very important one, since as you're alluding, from this well springs most of the difficulties we face in governing wisely and without sensationalist hysteria masking darker agendas....

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