Las Vegas Review-Journal (Sunday)

The shaky case for common-good capitalism

Competitiv­e markets will outperform well-intentione­d government interventi­ons

- RICHARD EPSTEIN COMMENTARY

THE BASIC TENET of laissez-faire capitalism is that government interventi­on in the economy should be directed to two related purposes. First, to ensure that in competitiv­e markets the legislatur­e and courts enforce voluntary contracts between competent parties in accordance with their terms. Second, to ensure that the state powers of taxation and regulation are used to fund and supply those goods that competitiv­e markets cannot provide: defense, courts, public infrastruc­ture and control against fraud and monopoly abuses.

Unfortunat­ely, many critics of the market economy from both the left and the right want government to do more in the name of the greater social good. In a recent essay, for example, Republican Sen. Marco Rubio invokes no less than the authority of late-19th-century Pope Leo XIII to support the view that to “make men better” it is necessary for the state to go further by supporting “dignified work, strong families and strong communitie­s” as the key to civic and economic well-being.

At one level, everyone on all sides of the political spectrum should champion this idea. But the means that Sen. Rubio puts forward to achieve that goal will upset the operation of competitiv­e markets while, paradoxica­lly, simultaneo­usly putting greater strains on social institutio­ns.

His first mistake comes from his propositio­n that “businesses have a right to make a profit, but they also have an obligation to reinvest those profits productive­ly for the benefit of the workers and the greater society.” Both halves of this statement are wrong.

No business has “the right to a profit” if that propositio­n means the firm should be socially insulated from bankruptcy if it produces goods and services that consumers and other purchasers do not value. Any covert or explicit system of public subsidies will encourage entreprene­urs to launch dubious ventures and seek by political intrigue to gain tax subsidies that will soak up resources better used elsewhere. What a sound society should do is allow individual­s and firms, unfettered by senseless regulation, to maximize profits by satisfying the demands of their customers. The state should neither guarantee any firm a profit nor limit the amount of profit it may make.

Next, it is wrong for Sen. Rubio to insist that businesses have some social duty to reinvest their profits in their workers and communitie­s.

In a market system, firms have strong incentives to hire workers needed to produce the best goods and services at the lowest price. That task cannot be accomplish­ed by offering workers trivial wages and horrific working conditions. The good firms necessaril­y offer good wages and benefits, along with a suitable set of working conditions that help recruit and keep top talent, who are always free to abandon ship for a better offer. There is no need for some extrinsic gov

ernment standard of dignity that no one can make operationa­l across the full range of firms. And there is no need to make firms support their communitie­s other than through tax payments and community ventures that improve their own goodwill.

Historical­ly, the greatest advances in human progress took place during the laissez-faire period between 1870 and 1940, when technologi­cal progress improved the lot of businesses and workers alike, with no targeted assistance from government. These gains were obviously not confined to the top 1 percent of the population, given the simple but powerful fact that, in the period between 1850 to 1940, life expectancy at birth increased from about 38.3 years to about 62.8 years. The changes were driven not by moral suasion but by advances in public health, medicine and worker and public safety.

Nor is Sen. Rubio correct to demand that firms reinvest capital in their own businesses. Obviously, reinvestme­nt makes sense if the firm can put its capital to better use than its shareholde­rs. So startups are often desperate to raise additional rounds of capital to expand their businesses. But large firms often find growth opportunit­ies hard to come by, so they sensibly buyback outstandin­g shares or declare dividends to their shareholde­rs.The money that leaves the corporate treasury will not sit idly in shareholde­r hands. Some fraction of it will be consumed, but much of it will be invested in new small and nimble businesses capable of making dramatic innovation­s that larger firms cannot match. Just recall that the new American behemoths of Amazon, Apple, Facebook and Google all began as startups. Their success allows them to hire more workers, to engage more suppliers and to service more customers who can then make more efficient use of their own capital and labor.

Finally, Sen. Rubio is wrong to lament that much of modern growth has been directed to “largely speculativ­e financial flows, detached from real production.” No one should lament the decline of dangerous and deadly manufactur­ing jobs, when today those same tasks can be discharged safely and remotely by a few workers controllin­g robots and other equipment. Freed workers can move to other safer and remunerati­ve sectors such as health care and other personal services.

Nor is it correct to treat financial flows as if they are somehow separate from production. In fact, the opposite is true: Modern payment systems, for example, allow businesses to better manage cash flows to improve credit allocation in both product and consumer markets. Financial derivative­s and other instrument­s allow global firms to insulate their balance sheets from sharp currency fluctuatio­ns. Firms and individual­s pay top dollar for these financial services because they improve their own businesses and lives.

Indeed, in the past decade or so, the worst setbacks in financial markets have all stemmed from misguided government regulation of interchang­e fees on debit cards and from the government seizure of

Fannie Mae and Freddie Mac that bankrupted the tens of thousands of shareholde­rs who thought they made safe investment­s in government-backed securities

Sen. Rubio is wrong to condemn markets for failing to serve human needs. And he is blind to the massive social dislocatio­ns that come from unwise government interventi­on in labor and financial markets.

 ?? Getty Images ?? The greatest advances in human progress took place during the laissez-faire period between 1870 and 1940, when technologi­cal progress improved the lot of businesses and workers alike, with no targeted assistance from government.
Getty Images The greatest advances in human progress took place during the laissez-faire period between 1870 and 1940, when technologi­cal progress improved the lot of businesses and workers alike, with no targeted assistance from government.
 ?? Richard Drew The Associated Press ?? Financial markets can be harmed by misguided and excessive government regulation­s.
Richard Drew The Associated Press Financial markets can be harmed by misguided and excessive government regulation­s.

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