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	<title>Foundation for Economic Education &#187; Hayek</title>
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		<title>From 1944 to Nineteen Eighty-Four</title>
		<link>http://www.fee.org/articles/tgif/1944-nineteen-eighty-four/</link>
		<comments>http://www.fee.org/articles/tgif/1944-nineteen-eighty-four/#comments</comments>
		<pubDate>Fri, 04 Sep 2009 13:21:08 +0000</pubDate>
		<dc:creator>Sheldon Richman</dc:creator>
				<category><![CDATA[The Goal Is Freedom]]></category>
		<category><![CDATA[1984]]></category>
		<category><![CDATA[capitalism]]></category>
		<category><![CDATA[free market]]></category>
		<category><![CDATA[Hayek]]></category>
		<category><![CDATA[Orwell]]></category>
		<category><![CDATA[Road to Serfdom]]></category>
		<category><![CDATA[socialism]]></category>

		<guid isPermaLink="false">http://fee.org/?p=8499</guid>
		<description><![CDATA[I'm inclined to think of George Orwell and F. A. Hayek at the same time. Both 
showed great courage in writing the truth, undaunted by the consequences awaiting them. Both valued freedom, though they understood it differently.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m inclined to think of George Orwell and F. A. Hayek at the same time. Both showed  great courage in writing the truth, undaunted by the consequences awaiting them. Both valued freedom, though they understood it differently.</p>
<p align="left">Orwell, a man of the &#8220;left,&#8221; could not remain silent in the face of the horrors  of Stalinism. Twice &#8212; during the Spanish Civil War and again at the dawn of the  Cold War &#8212; he refused to permit his comrades to blind themselves to where their  collectivism had led and could lead again. For his favor he was called a  conscious tool of fascism, a stinging accusation considering he had gone to  Spain to fight fascism. (But for a few inches, the bullet that penetrated  Orwell&#8217;s neck in Spain would have denied us the latter warnings, <em>Animal Farm </em>and <em>Nineteen Eighty-Four</em>. We would have never known what the fascists  had cost us.)</p>
<p align="left">Hayek, a man of the &#8220;right,&#8221; risked ostracism and worse in 1944 by publishing <em> The Road to Serfdom</em>, in which this Austrian-turned-Briton, writing in  England at the height of World War II, warned that central economic planning  would, if pursued seriously, end in a totalitarianism indistinguishable from the  Nazi enemy. That couldn&#8217;t have been easy to write at that time and place &#8212;  central planning was much in vogue among the intelligentsia. While a good deal of the  reception was serious and respectful, a good deal of it was not. Herbert Finer, in<em> Road to  Reaction</em>, called Hayek&#8217;s book &#8220;the most sinister offensive against democracy  to emerge from a democratic country for many decades&#8221;; it expressed &#8220;the  thoroughly Hitlerian contempt for the democratic man.&#8221;</p>
<p align="left">Not surprisingly, it was <em>The Road to Serfdom</em> that brought Orwell and  Hayek together in print. Orwell briefly reviewed the book along with Konni  Zilliacus&#8217;s<em> The Mirror of the Past</em><em> </em>in the April 9, 1944 issue of <em> <a href="http://thomasgwyndunbar.wordpress.com/2008/10/09/george-orwell-review/"> The Observer</a></em>. The man who would publish <em>Animal Farm </em>a year later and <em>Nineteen Eighty-Four</em> five  years later found much to agree with in Hayek&#8217;s work. He wrote:</p>
<blockquote>
<p align="left">Shortly, Professor Hayek’s thesis is that Socialism inevitably  	leads to despotism, and that in Germany the Nazis were able to succeed  	because the Socialists had already done most of their work for them,  	especially the intellectual work of weakening the desire for liberty. By  	bringing the whole of life under the control of the State, Socialism  	necessarily gives power to an inner ring of bureaucrats, who in almost every  	case will be men who want power for its own sake and will stick at nothing  	in order to retain it. Britain, he says, is now going the same road as  	Germany, with the left-wing intelligentsia in the van and the Tory Party a  	good second. The only salvation lies in returning to an unplanned economy,  	free competition, and emphasis on liberty rather than on security. In the  	negative part of Professor Hayek’s thesis there is a great deal of truth. It  	cannot be said too often &#8212; at any rate, it is not being said nearly often  	enough &#8212; that collectivism is not inherently democratic, but, on the  	contrary, gives to a tyrannical minority such powers as the Spanish  	Inquisitors never dreamed of.</p>
</blockquote>
<p align="left">This is a significant endorsement, for no one understood  totalitarianism as well as Orwell. Indeed, in <em>Why Orwell Matters</em>, Christopher  Hitchens points out that <em>Nineteen Eighty-Four </em>impressed Communist Party  members behind the Iron Curtain. He quotes Czeslaw Milosz, the Polish poet and  Nobel laureate, who before defecting to the West was a cultural attach<span style="font-family: Times New Roman;">é</span> for the Polish communist government: &#8220;Orwell fascinates them [members of the  Inner Party] through his insight to the details they know well&#8230;. Even those  who know Orwell only by hearsay are amazed that a writer who never lived in  Russia should have so keen a perception into its life.&#8221; (An audio interview with  Hitchens about Orwell is <a href="http://www.econtalk.org/archives/2009/08/hitchens_on_orw.html">here</a>.)</p>
<p align="left">But true to his left state-socialism, Orwell could not endorse Hayek&#8217;s positive  program:</p>
<blockquote>
<p align="left">Professor Hayek is also probably right in saying that in this  	country the intellectuals are more totalitarian-minded than the common  	people. But he does not see, or will not admit, that a return to &#8220;free&#8221;  	competition means for the great mass of people a tyranny probably worse,  	because more irresponsible, than that of the State. The trouble with  	competitions is that somebody wins them. Professor Hayek denies that free  	capitalism necessarily leads to monopoly, but in practice that is where it  	has led, and since the vast majority of people would far rather have State  	regimentation than slumps and unemployment, the drift towards collectivism  	is bound to continue if popular opinion has any say in the matter.</p>
<p align="left">&#8230;Capitalism leads to dole queues, the scramble for markets, and war.  	Collectivism leads to concentration camps, leader worship, and war. There is  	no way out of this unless a planned economy can somehow be combined with the  	freedom of the intellect, which can only happen if the concept of right and  	wrong is restored to politics.</p>
</blockquote>
<p align="left">
<h3>Short Shrift</h3>
<p align="left">It&#8217;s disappointing to see Orwell give such short shrift to Hayek&#8217;s  positive thesis. He is glib and dogmatic, which is unbecoming a serious intellectual  such as Orwell. His ignorance of economics leaps from the page.</p>
<p align="left">&#8220;[A] return to &#8216;free&#8217; competition means for the great mass of people a tyranny  probably worse, because more irresponsible, than that of the State.&#8221; It&#8217;s hard  to believe that someone so familiar with Stalinism could have written that. Even  without knowing much economics, could he really have thought that what goes on  in market-oriented societies, even during depressions, could be worse than the  famine Stalin inflicted on the Ukrainians, the show trials and executions, or the  labor camps in Siberia?</p>
<p align="left">&#8220;The trouble with competitions is that  somebody wins them.&#8221; In a market producers compete to better serve consumers.  The losers in that competition are not exiled or executed. They find other ways to  serve consumers, just as producers are trying to serve them.</p>
<p align="left">&#8220;Professor Hayek denies that free capitalism necessarily leads to monopoly, but  in practice that is where it has led&#8230;.&#8221; Where has monopoly arisen without the  aid of the State? We find no market-generated monopoly in England or the United  States. There, major business interests actively promoted protectionism and other  interventions precisely to tamp down competition and protect their market  shares. Of course, for many people, Orwell presumably among them, <em>that </em>is  capitalism, a topic I return to below. (I should note that Hayek forswore  laissez faire in his book, but that is a topic for another day.)</p>
<p align="left">&#8220;[T]he vast majority of people would far rather have State  regimentation than slumps and unemployment&#8230;.&#8221; But that&#8217;s a false choice.  Slumps and unemployment, as Hayek and his mentor Ludwig von Mises taught, are  products of central-bank manipulation of money and interest rates, that is,  of government not of the free market. <a href="http://mises.org/rothbard/agd/contents.asp">The Great Depression</a>,  which must have been on Orwell&#8217;s mind, was no exception. The real choice is  between freedom and security (including mutual aid) on the one hand, and State  &#8220;regimentation,&#8221; slumps, and unemployment on the other.</p>
<p align="left">I must pause here to focus on Orwell&#8217;s disgraceful use of the  word &#8220;regimentation.&#8221; I say &#8220;disgraceful&#8221; because he committed the sin he  himself so eloquently condemned in his justly famous essay <a href="http://www.orwell.ru/library/essays/politics/english/e_polit">&#8220;Politics  and the English Language&#8221;</a>: the sin of euphemism. In that great essay he  wrote:</p>
<blockquote><p>In our time, political speech and writing are largely the defence of the  	indefensible. Things like the continuance of British rule in India, the  	Russian purges and deportations, the dropping of the atom bombs on Japan,  	can indeed be defended, but only by arguments which are too brutal for most  	people to face, and which do not square with the professed aims of the  	political parties. Thus political language has to consist largely of  	euphemism, question-begging and sheer cloudy vagueness. Defenceless villages  	are bombarded from the air, the inhabitants driven out into the countryside,  	the cattle machine-gunned, the huts set on fire with incendiary bullets:  	this is called <em>pacification</em>. Millions of peasants are robbed of their  	farms and sent trudging along the roads with no more than they can carry:  	this is called <em>transfer of population</em> or <em>rectification of  	frontiers</em>. People are imprisoned for years without trial, or shot in the  	back of the neck or sent to die of scurvy in Arctic lumber camps: this is  	called <em>elimination of unreliable elements</em>. Such phraseology is needed  	if one wants to name things without calling up mental pictures of them.  	Consider for instance some comfortable English professor defending Russian  	totalitarianism. He cannot say outright, &#8220;I believe in killing off your  	opponents when you can get good results by doing so&#8221;. Probably, therefore,  	he will say something like this:</p>
<blockquote><p>&#8220;While freely conceding that the Soviet regime exhibits certain  		features which the humanitarian may be inclined to deplore, we must, I  		think, agree that a certain curtailment of the right to political  		opposition is an unavoidable concomitant of transitional periods, and  		that the rigors which the Russian people have been called upon to  		undergo have been amply justified in the sphere of concrete  		achievement.&#8221;</p></blockquote>
</blockquote>
<p>Regimentation is the least of what goes on under a totalitarian regime.</p>
<h3>Capitalism versus the Free Market</h3>
<p align="left">&#8220;Capitalism leads to dole queues, the scramble for markets, and  war.&#8221; I think that part of the problem for Orwell is that a truly <em>free </em> market is not among the possible options. For him and many others, the choice is between a system run for employers and one run for workers. (The preferable alternative is not obvious.) In this view,  the former is capitalism, sometimes dressed up as &#8220;the free market,&#8221; and the  latter is socialism. We shouldn&#8217;t be too hard on Orwell for thinking this way,  for many defenders of the market are just as careless when they write about  mixed economies such as the one in the United States. Despite pervasive  government intervention, we often hear business conduct defended because &#8220;under  capitalism&#8221; consumers have the power to punish firms that ill-serve them. Tell  that to consumers who chose not to buy GM and Chrysler cars. Tell that to people  who lost land through eminent domain so that a big-box chain might prosper.  Generations of business-inspired intervention to some extent must have rigged the market against  consumers and workers. If not, what are the economists complaining about?</p>
<p align="left">As for his inclusion of war in his list, let it be said that the  scramble for markets and other economic objectives cannot be a sufficient  condition for war. War requires the State, that is, the socialization of costs  through taxation and conscription.</p>
<p align="left">One wonders how Orwell avoided despair. He couldn&#8217;t accept  (state) capitalism, and he saw the totalitarian tendencies of socialism up  close. Yet he could write, &#8220;There is no way out of this unless a planned economy  can <em>somehow</em> be combined with the freedom of the intellect, which can only  happen if the concept of right and wrong is restored to politics.&#8221; (Emphasis  added.)</p>
<p align="left">Hadn&#8217;t he just read Hayek&#8217;s Chapter 11, &#8220;The End of Truth,&#8221; in which Hayek described how a serious commitment to central planning must produce &#8220;contempt  for intellectual liberty&#8221;?</p>
<blockquote>
<p align="left">The word &#8220;truth&#8221; itself ceases to have its old meaning. It  	describes no longer something to be found, with the individual conscience as  	the sole arbiter of whether in any particular instance the evidence (or the  	standing of those proclaiming it) warrants a belief; it becomes something to  	be laid down by authority, which has to be believed in the interest of unity  	of the organized effort and which may have to be altered as the exigencies  	of this organized effort require it.</p>
<p align="left">The general intellectual climate which this produces, the  	spirit of complete cynicism as regards truth which it engenders, the loss of  	the sense of even the meaning of truth, the disappearance of the spirit of  	independent inquiry and of the belief in the power of rational conviction,  	the way in which differences of opinion in every branch of knowledge become  	political issues to be decided by authority, are all things which one must  	personally experience &#8212; no short description can convey their extent.</p>
</blockquote>
<p align="left">But of course Orwell <em>had</em> experienced those things in  Spain and knew how it was in Russia. He certainly put a heavy burden on that  word &#8220;somehow.&#8221; How restoring the concept of right and wrong to politics would  make central planning either decent or practical is a mystery no one has solved. (Of course, <a href="http://mises.org/econcalc.asp">Mises </a>had long before shown that socialism could not be practical because without prices arising out of the exchange of privately owned means of production, the socialist planner could not make rational calculations with respect to what should be produced, in what manner, and in what quantities.)</p>
<p align="left">To end on a partly optimistic note, though Orwell presumably would not  agree, central economic planning is not on the modern agenda. The threat today is not  state socialism. It&#8217;s bureaucratic corporatism dressed up as progressive  democracy.</p>
]]></content:encoded>
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		<title>Sotomayor, Freedom, and the Law</title>
		<link>http://www.fee.org/articles/tgif/sotomayor/</link>
		<comments>http://www.fee.org/articles/tgif/sotomayor/#comments</comments>
		<pubDate>Fri, 17 Jul 2009 13:08:52 +0000</pubDate>
		<dc:creator>Sheldon Richman</dc:creator>
				<category><![CDATA[The Goal Is Freedom]]></category>
		<category><![CDATA[Bruno Leoni]]></category>
		<category><![CDATA[Congress]]></category>
		<category><![CDATA[Hayek]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Legislation]]></category>
		<category><![CDATA[Sonia Sotomayor]]></category>
		<category><![CDATA[Supreme Court]]></category>

		<guid isPermaLink="false">http://fee.org/?p=7811</guid>
		<description><![CDATA[The dreary Senate hearing on the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court left me so in the doldrums that my only chance for solace was to dig out my copy of <i>Freedom and the Law</i> (1961) by Bruno Leoni.]]></description>
			<content:encoded><![CDATA[<p>The dreary Senate hearing on the nomination of Judge Sonia Sotomayor to the U.S.  Supreme Court left me so in the doldrums that my only chance for solace was to dig out my copy of<em> <a href="http://oll.libertyfund.org/?option=com_staticxt&amp;staticfile=show.php?title=920#toc_list"> Freedom and the Law </a></em>(1961) by Bruno Leoni.<em> </em></p>
<p>Leoni (1913-1967) was a professor of legal theory and a lawyer in  Italy. He was also an  eminent liberal scholar and champion of individual freedom, who served as president of the Mont Pelerin Society. <em> Freedom and the Law </em>has a provenance worth describing. In 1958 Leoni, F. A.  Hayek, and Milton Friedman each gave a series of lectures at the Fifth Institute on  Freedom and Competitive Enterprise at what is now Claremont McKenna College  in California. To say this meeting was consequential would be a gross  understatement. Hayek&#8217;s lecturers were incorporated into <em>The Constitution of  Liberty</em>. Friedman&#8217;s grew into <em>Capitalism and Freedom</em>, and Leoni&#8217;s  were collected as <em>Freedom and the Law</em>. (Readers of this column will know  that I previously wrote about Leoni&#8217;s essay <a href="../articles/tgif/the-goal-is-freedom-the-crazy-arithmetic-of-voting/"> &#8220;Voting Versus the Market,&#8221;</a> which appears in <em>Freedom and the Law</em>.)</p>
<p align="left">Leoni&#8217;s work was critical in helping to launch the multidisciplinary movement  known as Law and Economics, in which these two areas of knowledge are applied to  each other in order to achieve an otherwise impossible depth of understanding of society.</p>
<p align="left">His work is highly relevant to the Judiciary Committee&#8217;s hearing on Sotomayor. In speeches she has suggested that because of  sex and ethnicity, judges either can&#8217;t or shouldn&#8217;t try to be impartial in  their rulings. Moreover, President Obama said he wanted a Court  nominee with empathy based on life experience, as well as knowledge of the  law. However, under questioning by adversarial senators, Sotomayor seemed to  back away from both approaches. At one point, <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/07/14/AR2009071402505_pf.html"> she said</a>, &#8220;They [judges] don&#8217;t determine the law. Congress makes the laws.  The job of a judge is to apply the law. And so it&#8217;s not the heart that compels  conclusions in cases. It&#8217;s the law. The judge applies the law to the facts  before that judge&#8230;. I look at the law that&#8217;s being cited. I look at how  precedent informs it. I try to determine what those principles are of precedent  to apply to the facts in the case before me and then do that&#8230;. We apply law to  facts. We don&#8217;t apply feelings to facts.&#8221;</p>
<p align="left">This is clearly what the conservative senators wanted to hear, but observers of varying ideological stripes were  disappointed that Sotomayor stooped to feeding the television audience such pablum. She more than implied that a judge&#8217;s job is mechanistic: The facts plus  the law plus precedent equals a ruling.</p>
<p align="left">Nothing in human affairs is that simple. Judgment and interpretation are  required every step of the way. This is why, contrary to popular fable, the line between  the rule of law and the rule of men and women is so fine as to be nonexistent.  (See John Hasnas&#8217;s important papers <a href="http://faculty.msb.edu/hasnasj/GTWebSite/MythWeb.htm">The Myth of the  Rule of Law</a> and the <a href="http://faculty.msb.edu/hasnasj/GTWebSite/TIL.PDF">Depoliticization of  Law</a> [pdf]). Laws, which are intended to be applied to an unlimited number of  unforeseeable future circumstances, do not speak for themselves. Human beings must interpret them. This does not  mean language is inherently impenetrable. (I could hardly write if I believed that.)  However, there is a broad middle ground between impenetrability and perfect  clarity. As libertarian legal scholar <a href="http://volokh.com/archives/archive_2009_07_12-2009_07_18.shtml#1247620080"> Randy Barnett</a> noted,  &#8220;While I do not share [the] view of law as  radically indeterminate, I sure think it is a whole lot more <em>under</em>determinate  than Judge Sotomayor made it out to be in her testimony today.&#8221;</p>
<p align="left">If the law is underdeterminate&#8211;if there is scope for interpretation and more than one competing interpretation can be reasonable&#8211;what is an advocate  of liberty to do?</p>
<p align="left">
<h3>Enter Leoni</h3>
</p>
<p align="left">Leoni offers us hope. Let&#8217;s start at the beginning. Why do we  care who is on the Supreme Court? We care because down the street from the Court  is the legislation factory we call the U.S. Congress. It has virtually nothing  to do but churn out bills. In fact, most &#8220;serious&#8221; pundits judge congresses by <em>how many </em>bills they churn out. All the incentives faced by  members of Congress push in one direction: to <em>legislate</em> (that is, meddle in people&#8217;s affairs).</p>
<p align="left">Furthermore, we know that much of this legislation, since it interferes with what people want to do, will spawn litigation. Eventually some of these cases will wind up before the  Supreme Court, the rulings of which will become the law of the land. Hence the interest in Supreme Court nominees.</p>
<p align="left">Thus it would  matter far less who is on the Supreme Court if there were little or no legislation.</p>
<p align="left">But we need legislation, don&#8217;t we?</p>
<p align="left">Without legislation there would be no law, right?</p>
<p align="left">Where did we get the idea that a group of mostly undistinguished men and  women&#8211;absurdly claiming to be our <em>representatives </em>and sitting in what is surely the  ultimate ivory tower&#8211;should make blanket rules for everyone (except perhaps for  themselves), regardless of time, place, and circumstance? It certainly has not protected liberty. Why don&#8217;t more people realize how poorly this simpleminded  procedure serves a complex society?</p>
<p align="left">
<h3>Law versus Legislation</h3>
<p align="left">Most of us are badly in need of reminding that what is admirable about the Western legal tradition&#8211;that  which has made our progress and  prosperity possible&#8211;is the product not of legislatures but of something rather  different. This fact compels us to distinguish <em>law</em> from <em>legislation</em>.  As Hayek wrote in the first volume of <em>Law, Legislation, and Liberty</em>,</p>
<blockquote>
<p align="left">Unlike law itself, which has never been &#8220;invented&#8221; in the  	same sense, the invention of legislation came relatively late in the history  	of mankind&#8230;.  Law in the sense of enforced rules of conduct is  	undoubtedly coeval with society; only the observance of common rules makes  	the peaceful existence of individuals in society possible. Long before man  	had developed language to the point where it enabled him to issue general  	commands, an individual would be accepted as a member of a group only so long as he conformed to its rules&#8230;. To modern man &#8230; the belief that all  law governing human action is the product of legislation appears so obvious  that the contention that law is older than law-making has almost the  character of a paradox. Yet there can be no doubt that law existed for ages before it occurred to man that he could  make or alter it.</p>
</blockquote>
<p align="left">Or as Leoni put it, &#8220;[F]ewer and fewer people now seem to  realize that just as language and fashion are the products of the convergence of  spontaneous actions and decisions on the part of a vast number of individuals,  so the law too can, in theory, just as well be a product of a similar  convergence in other fields.&#8221;</p>
<p align="left">He goes on, &#8220;The paradoxical situation of our times is that  we are governed by men, not, as the classical Aristotelian theory would contend,  because we are not governed by laws [legislation], but because we <em>are</em>.&#8221;</p>
<p align="left">The question for Leoni is not how can we get good legislation  and avoid bad legislation. The matter is much deeper than that: &#8220;It is a question of  deciding whether individual freedom is compatible in principle with the present  system centered on and almost completely identified with legislation.&#8221;</p>
<p align="left">He tells us that in order to imagine an alternative to  governance by legislatures, we need not visit Utopia. Rather, we may study Roman  and English history: &#8220;Both the Romans and the English shared the idea that the  law is something to be <em>discovered </em>more than to be <em>enacted </em>and that  nobody is so powerful in his society as to be in a position to identify his own  will with the will of the land.&#8221; This was law that judges discerned when  resolving specific disputes brought before them by specific individuals; it was law based on  custom and the expectations it gave rise to. (See Hasnas&#8217;s <a href="http://faculty.msb.edu/hasnasj/GTWebSite/SPPCPublishedArticle.pdf"> &#8220;Toward a Theory of Empirical Natural Rights&#8221;</a> [pdf].)</p>
<p align="left">Leoni lists three differences between judges in the sense  just described and legislators:</p>
<ol>
<li>
<p align="left">&#8220;[J]udges or lawyers or others in a similar position are to  	intervene only when they are asked to do so by the people concerned, and  	their decision is to be reached and become effective, at least in civil  	matters, only through a continuous collaboration of the parties themselves  	and within its limits.&#8221;</p>
</li>
<li>
<p align="left">&#8220;[T]he decision of judges is to be effective mainly in  	regard to the parties to the dispute, only occasionally in regard to third  	persons, and practically never in regard to people who have no connection  	with the parties concerned.&#8221;</p>
</li>
<li>
<p align="left">&#8220;[S]uch decisions on the part of judges and lawyers are very  	rarely to be reached without reference to the decisions of other judges and  	lawyers in similar cases and are therefore to be in indirect collaboration  	with all other parties concerned, both past and present.&#8221;</p>
</li>
</ol>
<p align="left">Thus, &#8220;the authors of these decisions have no real power over  other citizens beyond what those citizens themselves are prepared to give them  by virtue of requesting a decision in a particular case.&#8221;</p>
<p align="left">
<h3>Free Markets versus Central Planning</h3>
<p align="left">Leoni draws important parallels between judge-discovered law and  the free market on the one hand and legislation and central planning on the  other: &#8220;[A] legal system centered on legislation resembles &#8230; a centralized  economy in which all the relevant decisions are made by a handful of directors,  whose knowledge of the whole situation is fatally limited and whose respect, if  any, for the people&#8217;s wishes is subject to that limitation.&#8221;</p>
<p align="left">He exposes the posturing of self-styled &#8220;representatives&#8221;  with a refreshing bluntness not often encountered today:</p>
<blockquote>
<p align="left">No solemn titles, no pompous ceremonies, no enthusiasm on  	the part of applauding masses can conceal the crude fact that both the  	legislators and the directors of a centralized economy are only particular  	individuals like you and me, ignorant of 99 percent of what is going on  	around them as far as the real transactions, agreements, attitudes, feelings,  	and convictions of people are concerned&#8230;. The mythology of our age is not  	religious, but political, and its chief myths seem to be &#8220;representation&#8221; of  	the people, on the one hand, and the charismatic pretension of political  	leaders to be in possession of the truth and to act accordingly, on the  	other.</p>
</blockquote>
<p align="left">Finally, to bring this back to Judge Sotomayor and the job she  will assuredly be awarded, Leoni noted that judiciary law can become like  legislation &#8220;whenever jurists or judges are entitled to decide ultimately a  case.&#8221; But isn&#8217;t that what a Supreme Court is entitled to do when it makes law for everyone everywhere?</p>
<p align="left">&#8220;In our time,&#8221; Leoni wrote, &#8220;the mechanism of the judiciary in  certain countries where &#8216;supreme courts&#8217; are established results in the  imposition of the personal views of the members of these courts, or of a  majority of them, on all the other people concerned whenever there is a great  deal of disagreement between the opinion of the former and the convictions of  the latter.&#8221;</p>
<p align="left">Thus the assertion that the Supreme Court must not become a legislature is wishful thinking. It must and it will&#8211;no matter who sits on it.</p>
<p align="left">So what&#8217;s an advocate of liberty to do? Leoni concluded that we must limit  legislatures to as few matters as possible. That in itself is a tall order. But it is a start in the right direction.</p>
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		<title>Inflation as Income Distribution</title>
		<link>http://www.fee.org/articles/tgif/inflation-as-income-distribution/</link>
		<comments>http://www.fee.org/articles/tgif/inflation-as-income-distribution/#comments</comments>
		<pubDate>Fri, 09 Jan 2009 12:08:41 +0000</pubDate>
		<dc:creator>Sheldon Richman</dc:creator>
				<category><![CDATA[The Goal Is Freedom]]></category>
		<category><![CDATA[Federal Reserve]]></category>
		<category><![CDATA[Hayek]]></category>
		<category><![CDATA[Inflation]]></category>
		<category><![CDATA[Obama]]></category>
		<category><![CDATA[Recession]]></category>
		<category><![CDATA[Sound money]]></category>

		<guid isPermaLink="false">http://fee.org/?p=3532</guid>
		<description><![CDATA[The Federal Reserve has been pumping hundreds of billions of newly created dollars into "the economy." Much of that money has been sent to Wall Street to bailout large, struggling firms. But that's just the beginning. President-elect Obama says that since he needs to "stimulate the economy" we can look forward to trillion-dollar budget deficits for years to come. Even before the financial turmoil began, the deficit had approached $500 billion. (Not to worry, though--Obama says deficit spending will impose "fiscal discipline" in the future.) Of course, when the federal government spends more than it taxes, it has to get the extra money somewhere.  Therein lies the treachery. ]]></description>
			<content:encoded><![CDATA[<p align="left"><em><a href="mailto:srichman@fee.org?subject=Inflation as Income Redistribution">Sheldon Richman</a> is the editor of </em>The Freeman<em> and &#8220;In brief,&#8221;</em> and author of <a href="http://www.econlib.org/library/Enc/Fascism.html"> &#8220;Fascism&#8221;</a> in <em>The Concise Encyclopedia of Economics. </em></p>
<p align="left">The Federal Reserve has been pumping hundreds of billions of newly created dollars into &#8220;the economy.&#8221; Much  of that money has been sent to Wall Street to bailout large, struggling  firms. But that&#8217;s just the beginning. President-elect Obama says that since he  needs to &#8220;stimulate the economy&#8221; we can look forward to trillion-dollar budget  deficits for years to come. Even before the financial turmoil began, the  deficit had approached $500 billion. (Not to worry, though&#8211;Obama says deficit  spending will impose &#8220;fiscal discipline&#8221; in the future.)</p>
<p align="left">Of course, when the federal government spends more than it taxes,  it has to get the extra money somewhere. Therein lies the treachery. The government&#8217;s vendors and other  beneficiaries  demand to be paid on time. So it borrows from the credit markets by selling  Treasury securities to investors. The Federal Reserve in turn monetizes the debt by buying  Treasury securities in the marketplace. It pays for those securities by creating  bank reserves&#8211;money&#8211;from nothing, or as John Maynard Keynes suggested, by  performing the &#8220;miracle &#8230; of turning  stone into bread.&#8221;</p>
<p align="left">Since we, like the rest of the world, have long  lived with a fiat-money system&#8211;that is, a system in which the paper money is  not backed by anything&#8211;there is nothing remarkable about this for most  people (if they are aware of the procedure at all). But before long, they will pay a steep price whether  or not they know who the  culprit is.</p>
<p align="left">The central bank&#8217;s expansion of money and credit used to be called inflation. Today that word is used mostly for one of the  consequences of monetary expansion: generally rising prices. That&#8217;s unfortunate  because that definition papers over the most important effects of deficit  spending and monetary inflation.</p>
<p align="left">To think of inflation as generally rising prices  is to miss the real point. If an increase in the money simply raised the &#8220;price  level&#8221; uniformly, it would be little more than an inconvenience. Prices might outrun wages at first, reducing real incomes, but soon wages would  catch up and, in real terms, we&#8217;d be back where we started. The dollar values  would larger, but without real consequence.</p>
<p align="left">That&#8217;s not how  it works, though.  <span style="font-family: 'Times New Roman',serif;">Ludwig von Mises explained  the process in a lecture he gave </span>in Paris in 1938 and again in New York in 1945. It was later published under  the title <a href="http://mises.org/mmmp/mmmp5.asp">&#8220;The Non-Neutrality of  Money.&#8221;</a> (It appears in <em>Money, Method, and the Market Process: Essays by  Ludwig von Mises</em>, edited by Richard M. Ebeling.)</p>
<p align="left"><span style="color: #0000ff;"><strong>Barter Economy</strong></span></p>
<p align="left">In this lecture Mises was determined to disabuse  his listeners of their belief in the neutrality of money&#8211;that is, the idea that  changes in the money supply leave real factors undisturbed. He understood why  economists have held this erroneous belief. They began thinking of exchange in the  admittedly simplified terms of a barter economy in which goods exchange for  other goods. When they added  money to this unrealistic picture, they assumed nothing of importance changed.  As Mises put it, they believed &#8220;The functioning of the market mechanism as  demonstrated by the concept of pure barter was not affected by monetary  factors.&#8221;</p>
<p align="left">These economists acknowledged that money prices  can vary, but &#8220;they believed&#8211;and this is exactly the essence of the fallacy of  money&#8217;s neutrality&#8211;that these changes in purchasing power were brought about  simultaneously in the whole market and that they affected all commodities to the  same extent.&#8221; Thus according to this view, the price level changes, but relative  prices do not.</p>
<p align="left">Here&#8217;s the problem. There really is no <em>price level</em>, except for ones constructed  by averaging the prices of an arbitrary basket of goods and services. What really exist&#8211;and  therefore what really count&#8211;are millions of  prices for goods and services that are constantly subject to change <em>in relation to  one another</em>.  These prices emerge from the decisions of potential buyers and sellers who  pursue  their ends according to their subjective priorities.</p>
<p align="left">You&#8217;d hardly know this by reading mainstream economics, but economic  phenomena happen <em>on the ground</em>&#8211;where human action and  interaction take place&#8211;and not at the level  of statistical aggregates and averages that no real person ever encounters..</p>
<p align="left">&#8220;Monetary problems are economic problems and have  to be dealt with in the same way as all other economic problems,&#8221; Mises  continued. He meant that when analyzing inflation and other monetary issues, our focus  should not be &#8220;the economy&#8221; holistically conceived. As he put it, &#8220;Changes in the quantity of money and  in the demand for money for cash holding do not occur in the economic system as  a whole if they do not occur in the households of individuals. These changes in  the households of individuals never occur for all individuals at the same time  and to the same degree and they therefore never affect their judgments of value  to the same extent and at the same time.&#8221;</p>
<p align="left">In the economists&#8217; lingo, macroeconomics is, or should be, rooted  in microeconomics.</p>
<p align="left">
<p align="left"><span style="color: #0000ff;"><strong>Inflation and Its Consequences</strong></span></p>
<p align="left">Take inflation. When the government expands the  supply of money, it does not do so by dropping Federal Reserve notes evenly  across the land from the  proverbial <a href="http://en.wikipedia.org/wiki/Helicopter_drop#Economists.27_perspectives"> helicopter</a>. In the old days government would print money or filch precious  metals to make coins, then spend the money as it liked. A few select people  received the  money first, and they could then enter the market and buy what they liked at prices  still unaffected by the inflation. the late receivers were the losers.</p>
<p align="left">These days the process is more complicated. The Treasury borrows  money from private lenders by selling securities. With that cash it pays  contractors and welfare-state beneficiaries. Meanwhile, the Federal Reserve  creates money in the form of bank reserves by buying government securities. It&#8217;s  called monetizing the debt. Banks then pyramid loans on these  new reserves, expanding the money supply and lowering interest rates. Among the  consequences is the depreciation of the monetary unit (rising prices) and the  boom-bust trade cycle described by Mises and F.A. Hayek. (Hayek won his <a href="http://nobelprize.org/nobel_prizes/economics/laureates/1974/press.html"> Nobel Prize</a> in 1974 partly for his work on the trade cycle.).</p>
<p align="left">Whichever method is used, the point is that the newly created  money enters the economy at <em>specific points </em>rather than blanketing society  evenly. The result is a diversion of the economy from the path it would have  taken in the absence of the disturbance. A new pattern emerges the  details of which cannot be predicted. Why not? Because people are people not  robots. If your cash balance doubled tomorrow you wouldn&#8217;t mechanically double  the quantities of everything you buy now . Instead, you would change the proportions&#8211;buy  more of this and less of that&#8211;and even buy things you don&#8217;t buy today. You  yourself can&#8217;t predict exactly what you would do in these circumstances.</p>
<p align="left">&#8220;The additional quantity of money does not find its way at first  into the pockets of all individuals; not every individual of those benefited  first gets the same amount and not every individual reacts to the same  additional quantity in the same way&#8230;,&#8221; Mises summed up. &#8220;The additional amount  of money offered by them on the market makes prices and wages go up. But not all  the prices and wages rise, and those which do rise do not rise to the same  degree.&#8221;</p>
<p align="left"><strong><span style="color: #0000ff;">Income Distribution</span></strong></p>
<p align="left">Now things get interesting. We begin to see that inflation is a  form of government distribution of income. (I don&#8217;t say &#8220;redistribution&#8221; because  in a true market economy income is not distributed but rather acquired through  exchange.)</p>
<p align="left">&#8220;If [for instance] the additional money is spent for military  purposes,&#8221; Mises wrote, &#8220;the prices of some commodities only and the wages of  only some kinds of labor rise, others remain unchanged or may even temporarily  fall. They may fall because there are now on the market some groups of men whose  incomes have not risen but who nevertheless are obliged to pay more for some  commodities, namely for those asked by the men first benefited by the inflation.  Thus, price changes which are the result of the inflation start with some  commodities and services only, and are diffused more or less slowly from one  group to the others. It takes time till the additional quantity of money has  exhausted all its price changing possibilities.&#8221;</p>
<p align="left">Make no mistake about it. This is a government-engineered  transfer of resources, that is, a violation of property rights. And by the way, the distribution is not from rich to poor. If anything, the distribution is upwards.</p>
<p align="left">As Mises explained, &#8220;But even in the end the different  commodities are not affected to the same extent. The process of progressive  depreciation has changed the income and the wealth of the different social  groups. As long as this depreciation is still going on, as long as the  additional quantity of money has not yet exhausted all its possibilities of  influencing prices, as long as there are still prices left unchanged at all or  not yet changed to the extent that they will be, there are in the community some  groups favored and some at a disadvantage&#8230;. As long as the inflation is in  progress, there is a perpetual shift in income and wealth from some social  group, to other social groups.&#8221;</p>
<p align="left">We have seen that government expansion of the money supply  rearranges resources in society and interferes with the market&#8217;s natural  tendency to serve consumers according to their own priorities. Thus inflation  would be objectionable even if it did not cause malinvestment and seed the  ground for a subsequent depression, that is, even if it did not spawn the trade  cycle.</p>
<p align="left">It is incumbent on the inflationists&#8211;specifically, the incoming  government officials&#8211;to explain why income distribution is a proper  function of government.</p>
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