On June 23rd of this year, Britain will hold a referendum on its membership of the European Union, voting either to remain (“Bremain”) or to leave (“Brexit”). The present author is rooting for a “Brexit”, which is unsurprising for a libertarian who detests any metastasised growth of the state that the EU certainly represents. Unfortunately, in spite of the passionate rhetoric that the issue tends to inspire in the so-called “Brexiteers”, from a libertarian point of view it is difficult to reconcile oneself with, or to endorse, some of the arguments that are emanating from the “Brexit” camp. In other words, it would be a mistake to characterise the debate as a defiant band of liberty lovers seeking to shake off the tyrannous ogre of a bloated, continental tyrant, although that is surely part of the motivation. Rather, many of the “Brexit” arguments, seeking to respond to the “Bremain” side, are couched in the same conventional, statist terms. They therefore lack any incisive bite that would provide a convincing case for withdrawing from the union.
The most prominent issues where this is visible are economic growth and trade. When it comes to the former, both sides fling at each other hypothesised GDP figures that show either a marked gain or reduction in the number. Obviously “Brexiteers” are attempting to show that the figures would be higher outside the EU whereas “Bremainers” are attempting to show the opposite. However, simply adding up flows of monetary expenditure (and then expecting the public to comprehend the methods and assumptions involved in doing so) in order to try and get a bigger, magic number than the other guy tells you very little. If you had a billion pounds yet the only thing to spend it on in the entire world was a loaf of bread then you would be in abject poverty in spite of your nominal wealth. The key to encouraging economic progress is increased investment in capital goods such as factories, machines and tools developed with ever better technology, which permits more consumer goods to be produced per worker, thus lowering prices and making more things affordable for everyone. The kind of economic system that best incentivises this accumulation is one of strong private property rights, minimal regulation and minimal taxation. GDP figures can be high in spite (or even because) of the fact that these things may be absent, as it is buoyed by monetary inflation and government spending. The relevant question, therefore, is whether the EU is likely to either promote or discourage this kind of environment. Instead of arguing over GDP projections the answer that “Brexiteers” should be giving is that the consolidation of states makes it more likely that property rights will be diminished while taxes and regulations rise. Smaller states do not usually possess within their territories all of the resources they need to build a strong economy. In much the same way as a single household or individual needs to go shopping at the grocers, the butchers, the bakers and so on, so too does an individual state need to go “shopping” in other countries, trading what they have for things they do not have. Burdensome regulations simply discourage this trade, while high taxes and insecure private property rights will deter foreign investment, all of which will seek more favourable markets as a result. Moreover, if the state becomes too onerous it is far easier for citizens of even modest means to leave a small state than it is for them to leave a larger state. Large, consolidated states, on the other hand, usually have access to a wide labour market and a greater number of resources, and are better equipped for a degree of autarchy. Moreover, the large state’s sheer, geographical size makes it more difficult for a citizen to emigrate to a similar country which is unaffected by the large state’s diktats. The large state will therefore step up its plundering of the citizenry as it is shorn of any real impetus to cease doing so. What produces trade and economic progress, therefore, is not consolidating states into one giant monopoly, which has a reduced incentive to relax its depredations upon its citizens. Rather, it is allowing states to compete with each other to attract entrepreneurial migrants, investment and trade. In other words, while creating a trading block may give the appearance of vanquishing border controls, tariffs and other trade restrictions it does not stop the trading block from imposing internal taxes and regulations that are more burdensome to trade and prosperity than those between independent states. Indeed, a high rate of internally imposed Value Added Tax (VAT) can be worse than a tariff. And, as the “Bremainers” trumpet, while it is true that within a single market companies no longer have to deal with a myriad of different tax rules, different regulatory codes, and so on, it is likely to prove less costly in the long run to deal with many light and fleeting taxes and regulations than it is to deal with one behemoth. Just to give an idea of how big and bloated the EU bureaucracy is, one source (Brexit: The Movie) lists a whole host of household items one encounters between waking up in the morning and eating breakfast:
- There are 109 regulations for pillows, and 50 for duvets and bed sheets;
- 65 EU laws cover bathrooms;
- 31 for toothbrushes and 47 for toothpaste;
- 172 laws for mirrors, for some reason;
- 91 for showers, 118 for shampoo, and an incredible 454 for towels;
- At the breakfast table, there are 1,246 regulations for bread, 52 for toasters, 64 for fridges, 99 for cereal bowls, 201 for spoons, and 625 for coffee;
- Far ahead, however, is milk which has been deemed to deserve an incredible 12,653 EU regulations.
None of this is to imply, of course, that a world without the EU would be wholly unregulated. Rather, regulation will come from the market place and it is consumers who will decide whether products should meet certain standards. Moreover, increased quality and better safety comes about through the wealth creating endeavours of free individuals so that these things become more affordable, not through the wealth distributing fiat of faceless bureaucrats in Brussels.
Concerning specifically the issue of trade is the argument over whether Britain would, outside of the EU, be able to negotiate so-called “trade deals” without the backing of the EU. In his final visit to the UK as President of the United States, Barack Obama indicated that Britain would be “at the back of the queue” for trade deals owing to what is presumed to be its diminished influence outside of the EU (although this attitude did not stop him, in the same trip, from preaching to an audience of young gullibles an instruction that they should “reject pessimism and cynicism”). The response of “Brexiteers” has been to try and demonstrate how trade agreements would, in fact, be possible and how Britain would open itself up to being able to deal with other large markets, such as China and India, independently. While the latter is certainly true, all of this is wide of the mark. For trade agreements between states are precisely what we wish to avoid. Trade agreements do not open up trade at all; rather they stifle it. Genuine free trade can be accomplished by adhering to a single principle that can be written in a single, short sentence: no restriction of trade across borders. Trade agreements, however, which frequently masquerade as free trade agreements, are simply government managed trade. The North American Free Trade Agreement (NAFTA), for instance, runs to more than 1,200 pages across two volumes of government imposed rules and regulations, usually in order to grant protectionist privilege to a handful of powerful firms and interests. Indeed, one of the motivations for “Brexit” is for Britain to avoid the Transatlantic Trade and Investment Partnership (TTIP) between the EU and the US, which is seen as giving too much power to overseas corporations and ignoring environmental concerns. However, “Brexiteers” do not augment this rejection of a specific trade agreement to a rejection of trade agreements as a whole. One possible retort to this argument is that, in the absence of any kind of trade agreement, other countries could simply whack enormous tariffs and regulatory burdens on imported British goods, almost like some kind of punishment. In the first place it is, of course, far-fetched to believe that every one, or even most, of the significant markets with which British companies trade would do this. If a state shuts off or otherwise burdens trade from another state it ultimately harms itself as much as it harms the state upon which it has imposed the restriction. For if, prior to the elevated tariffs or increased regulations, certain resources or products were purchased from Britain it is because Britain produced these products at the best value compared to anyone else. Therefore, after the restrictions, the citizens of the other state must now pay more to produce the same goods internally or buy them from an alternative state, or must be content to purchase goods of lesser quality. Moreover, shutting off imports weakens a demand for a state’s exports as ultimately all imports are paid for with exports. It would, therefore, be foolish for states to respond to a “Brexit” in this way. The same argument applies to the EU itself. Another of the arguments from the “Bremainers” is that if Britain left then the EU would still be Britain’s largest trading partners with the power to impose its regulations on trade entering the block, in addition to newly imposed tariffs. Britain would be shorn of any influence whatsoever to change these rules, and would end up in much the same condition as some of the proximate outliers such as Switzerland and Norway are alleged to languish (never mind, of course, that GDP per capita in those countries is markedly higher than in every EU country). In the first place this argument shows just how few clothes the emperor is wearing. On the one hand, the EU is supposed to be committed to promoting trade and commerce yet on the other hand, if you dare to leave it, you will be shut out by tariff walls and have to suffer whatever burdens the EU rains down upon you. Clearly, therefore, the EU is far from being a promoter of peaceful trade and prosperity. Rather, it is really nothing more than a protectionist club, like a gang of bullies in the school yard who look after each other yet terrorise the other kids. That aside, however, Britain’s “influence” does not come from its membership of the EU – rather, it comes from the value that the EU places on its partnership with Britain, which will ultimately boil down to Britain’s economic clout. If trade with Britain is valuable to the EU then Britain will have as much real influence outside of the club as it does inside; you do not stop talking to someone you need simply because you are not in a political union with them. If, on the other hand, Britain was a tiny, unproductive state that produced little then it would be ignored as a member of the EU just as it would be largely ignored as outside. That is why the larger, more prosperous states in the EU, such as France and Germany have most of the influence. Most of the arguments concerning the loss of any “influence” for Britain, both within the EU and on the so-called “world stage”, do not refer to the diminished influence that the average British citizen would have in improving his life and furthering his goals. Rather, it refers to the diminished influence that the British politician will wield following “Brexit”. Being a representative of a large territory such as the EU gives the state’s lackeys a much more prominent position at the table when they jet off, at taxpayers’ expense, to their plush conferences and summits to devise an ever increasing number of predatory ways in which they can burden the real wealth creators. In any case, however, the “loss of influence” argument seems to have received the final nail in its coffin in early May when it was alleged that Germany had a de facto veto over Prime Minister David Cameron’s renegotiation of Britain’s terms of EU membership. However, even if we imagined the worst case scenario where all of the countries of the world, including the EU, imposed punitively high tariffs and onerous regulations on British imports and refused to engage with Britain in any way shape or form, the latter would still benefit from making a universal declaration of free trade – no tariffs on imported goods and little or no regulation. This sudden reduction in cost would then make Britain a highly competitive market, reducing costs of inputs for British businesses, attracting investment, expanding output and lowering prices for British consumers.
Looking more broadly, what are we to make of the argument that the EU was the supposed solution to centuries of war and human rights abuses? Strictly speaking, the human rights obligations of European states depend not so much upon the EU but, rather, upon whether they sign up to the European Convention on Human Rights (ECHR), which dates from 1953. The Convention is used as a convenient short hand for states to demonstrate their commitment to human rights, which is a condition of EU membership, and jurisprudence from the European Court of Human Rights normally plays an important role in determining how member states should implement EU law in accordance with their human rights obligations. Nevertheless, even though, as libertarians, we must be suspicious of any kind of government implemented human rights charter, which simply cherry picks certain pleasantries, subjects them to state regulation, and calls them “rights”, it would be possible for a member state of the EU to leave and still remain a party to the ECHR. Somewhat perversely it is, in fact, prominent “Bremainers”, such as Home Secretary Theresa May, who are campaigning for Britain to withdraw from the ECHR while remaining in the EU. The possibility of war however, is an important issue, with Mr Cameron himself having argued that leaving the EU would increase the risk of Europe descending into war. In the first place we have to wonder why, if the situation was that grave, Mr Cameron’s commitment to the EU was so ambiguous before he achieved his so-called “reform deal”, which renegotiated Britain’s EU obligations in areas such as welfare and immigration. Prior to this he supposedly had no “emotional attachment” to the EU and at least gave the impression that he may campaign to leave if the reforms failed. Mr Cameron was effectively saying that if he was devoid of an “emotional attachment” to the EU he was also devoid of an “emotional attachment” to avoiding war, the latter of which is surely more important than tweaking the conditions of EU membership. That aside, however, we have to wonder what this argument – the possibility of European war – makes of the so-called “democratic peace theory”. This is the idea that democracies are less likely to go to war with each other, and is peddled by pretty much the same people who crow for political unity. Weren’t the continent’s wars started by despotic monarchs and crackpot dictators? Surely now that we all bask in the bliss of democracy we won’t be so eager to fight each other? Why do we need something more? Regardless of this, however, the argument that a diminution of the EU will lead to war is ridiculous – indeed, it is the opposite that is more likely. Wars are started and fought by states; human rights are abused by states; the state, in the twentieth century alone, caused more deaths than private criminals in the whole of human history. Even the greatest efforts of sub-state, politically motivated actors – i.e. “terrorists” – pale in comparison to the carnage and destruction wrought by states. If this is true, it stands to reason that the solution to preventing this is to make states smaller and weaker, not bigger and stronger. The most destructive, and most potentially destructive conflicts we have ever experienced – the two world wars and the Cold War – occurred after the consolidation of smaller states into large territories, namely Germany, Italy and the Soviet Union. The origins of both of the world wars is complex, of course, but a fundamental cause was the drive of the unified Germany towards autarchy. As an industrialised country, Germany relied upon the import of food and the export of manufactured products in order to pay for it. The costs and burdens heaped upon German industry in order to fund the Bismarckian welfare state hampered German production, leading to fewer exports and fewer imports of food. Thus Germany looked to conquer the agrarian lands of Eastern Europe to overcome this self-inflicted handicap. What is clear, however, is that this problem was facilitated by the unified state, which was endowed with the wherewithal to grow the depredations of the state upon its industry and the might to launch invasions. Later, the persistent nuclear terror that was extant during the Cold War was made possible because territories as large and as rich as the United States and the Soviet Union could afford to fund things such as the Manhattan Project. The most aggressive and belligerent state today is the United States, which, together with its fawning collection of NATO allies, is driven by the neoconservative foreign policy agenda that seeks a unipolar world of American dominance. The greatest threat to peace is that such ambitions emanating from a large, rich and powerful state run head first into the ambitions of other large, rich and powerful states – namely, China and Russia, as we are seeing lately with the expansion of NATO to Russia’s border, the demonization of the Russian president and the altercations in the South China Sea. The worst case scenario is that the world will be vaporised in a nuclear holocaust, something which is likely to get worse if the next US President, who will be elected in November of this year, continues down this path. It is clear therefore that the consolidation of states may reduce the number of potential warmongers – but the stakes are far, far bigger. The key to achieving peace and prosperity is free trade in a sound money environment. You do not have to point a gun at your butcher or your baker in order for him to hand over what you want; you simply have to offer him something that he wants and then you both get on with the rest of your day. Exactly the same is true on a global scale; individuals engaging in voluntary exchange without interference across borders will not fight each other. War and conflict result only when states infringe this harmony.
This leads us on to the so-called “democratic deficit” argument – the idea that the EU’s governance and institutions somehow lack democratic legitimacy. It is true that if the EU is perceived as beyond the control of the voters then tolerance for it will dissipate quicker than if they believe they are “having their say”. On the other hand, however, democratic legitimacy is something of a red herring. People possess a de facto control over the state, with or without democracy, the smaller and more local it is. Even if the EU reformed all of its institutions in order to eradicate the “democratic deficit”, the EU would remain as a vast territory in which the individual voter vanishes into an ocean of 500 million others and its institutions would still amount to a vast bureaucracy awash with special interests that speak umpteen foreign languages making it impossible for the voter of any individual country to understand precisely what is going on. This can point can be made without us having to resort to the wider libertarian critique of democracy as an enabler of, rather than a restriction upon the state.
In drawing all of what we have said together, we will conclude with an observation that is likely to resonate with libertarians. When it comes to the big issues such as economic progress, trade, and promoting peace and prosperity, all of the arguments in favour of the EU boil down to the assertion that the EU makes it easier to get rid of state imposed restrictions and to vanquish ills that are created by the state. In other words, the EU is supposed to be good not because it actually achieves a positive accomplishment over the restrictions imposed upon humans by nature (such as a new product or service), but because it clears away artificial roadblocks that states have put in the way. If this is true, perhaps it would be better to address the question of whether we need the state at all, rather than whether we need a giant one such as the EU.
Regulation
November 12, 2016
Duncan Whitmore Commentary/Review, Economics, Essays Bureaucracy, Business, Capitalism, Cost of Compliance, Product Information, Product Liability, Product Quality, Product Safety, Product Standards, Products, Regulation, Regulatory Burden, Trade, Warning Labels Leave a comment
It is accepted by the mainstream that state regulation of the free market is a necessary feature of the so-called “mixed economy”, the supposed halfway house that allows us to benefit from capitalism without succumbing to its alleged excesses while, at the same time, avoiding the catastrophe of all-out socialisation and state control. This essay will subject this view to a critique and will reveal that, in fact, regulation of markets does nothing more than substitute arbitrary government preferences for the preferences of freely acting individuals, is a cause of the very “excesses” (such as oversized firms) which are blamed on capitalism, and that the best regulator is, in fact, the free market itself.
In examining “regulation” we should first be clear about precisely what it means, which is that the state will use the force of law in order to, compel, prohibit, restrict or otherwise subject to control some targeted behaviour of its citizens. In other words, it is a violent, physical intervention into people’s lives in order to produce one outcome while preventing another. This seems perfectly justifiable in instances when the behaviour that is subject to regulation is neither peaceful nor voluntary and is in fact invasive and predatory – in other words the particular behaviour under consideration constitutes a crime, such as murder and theft. However much libertarians may dispute either the legitimacy or effectiveness of the state in preventing and/or responding to such acts, we can at least understand the need for this kind of regulation – to protect people from the violent, invasive and uninvited actions of others, actions which are, of course, unjustifiable in libertarian theory. But what do we mean by state regulation of the free market? The very phrase “free market” is an abstraction used deliberately by commentators to deflect attention away from what it actually is and to create, instead, the impression that it is some kind of self-aware, self-controlling entity that can indulge in all of its irrational flights of fancy while being subject to neither rule nor reason when it seemingly appears out of nowhere to inflict grave harm upon us in the same way that a criminal might. The free market, however, is nothing more than individual people and institutions trading goods and services voluntarily on terms which they agree amongst themselves. It is a diffuse, decentralised network of people striving to meet their own needs as they perceive them and to seek others to provide the wherewithal to better their lives. It is an entirely peaceful, voluntary operation and no one is forced to participate in any exchange with another individual if he does not believe that he will be better off as a result of the exchange. For the state to regulate the market, then, means that the state will use force in order to diminish, control or otherwise outlaw certain transactions which otherwise may have been undertaken voluntarily had the regulation not been present. For the state to regulate is to introduce a code of violent compulsion into otherwise peaceful and voluntary relationships.
There is something distinctly odd when state “protection” through regulation is extended beyond crimes into the arena of voluntary relations. For what is it that people are really being protected from here? Voluntary transactions do not come out of nowhere to surprise us like an armed robber might do. Rather, they must be chosen freely and consciously by each individual person. So if every transaction in the free market requires a voluntary choice then the only purpose of regulation must be to “protect” us from the results of our own choices and to prevent us from entering certain transactions which we may otherwise like to enter if the terms are attractive to us. People often think that those being regulated are unscrupulous vendors who may try to sell us some kind of snake oil solution to a problem we may have. It is true, of course, that crooked businessmen may try to sell us something that doesn’t really work, is a fake, or causes some kind of fire or damage. However, these instances constitute a fraud or a tort and are already governed by the area of the law that regulates involuntary or invasive acts. Regulation of the free market, on the other hand, is solely concerned with restricting the transactions that people may be happy to undertake voluntarily with no force or fraud. As it takes two to complete a transaction – the purchaser and the vendor – if businesses are prevented from choosing to sell then you are equally prevented from choosing to buy. Our choices are therefore constricted by state regulation as much as those of businesses selling to us are and it is us who are regulated as much as businesses are. It is for this reason that an excessively regulatory and bureaucratic jurisdiction is often nicknamed “the nanny state” – a persistent and seemingly omnipresent matriarch who never ceases to stop interfering in your life in order to make sure that you make the “right” choices, choices that it believes are better for your life regardless of the maturity and sophistication of your own decision-making process.
There are several mantras or excuses that the state uses to justify its regulation of voluntary transactions – the prevention of rash, impulsive or short sighted behaviour; imperfect or otherwise flawed knowledge on the part of one of the parties to the transaction; maintaining standards of quality; and finally, the great all-encompassing excuse that seems to validate the state’s wading into anything it pleases, which is maintaining standards of safety. Doubtless there are other categories of state regulation also (such as environmental regulation and control of so-called “essential” industries) but these four form the backbone of the state’s regulatory bodies. We will proceed now to examine each of them in turn and in doing so we will reveal the damaging effects of state regulation while demonstrating how, in fact, the free market itself is the best regulator.
First, then, is the prevention of rash, impulsive, or short sighted behaviour. The implication here is that people may enter a transaction which provides, or has a chance of providing, benefits in the short term while providing a high likelihood of burdens in the future – possibly severely detrimental burdens such as economic ruin, ill health or early mortality. So in other words, people may choose to use tobacco, alcohol or narcotic products to achieve an immediate sense of pleasure without considering the longer term effects, or they may choose to gamble, bet, or otherwise enter some kind of financial arrangement that promises untold wealth if it is successful, but may result in economic ruin if it is not. In economic jargon the complaint here is that people’s time preferences are too high and that the inducement towards the present good is so strong in people’s minds that they heavily discount the possibility of the future bad. People discard prudence, foresight, and good judgment in favour of emotional, impulsive and irrational motives, and so the state should step in, so the argument goes, in order to prevent people from falling victim to their own lack of patience. In the first place we might as well mention that, while it is true that some or, indeed, many decisions may be regretted after the fact, it is the case that all actions can result in consequences that are either detrimental or not as favourable as those that were intended. Prior to an action, costs and benefits are only hypothetical and it is always easy to judge an action with the benefit of a retrospective view. However, as it is also true that some actions are more likely or are guaranteed to produce a longer term detriment in spite of an immediate gain, the more important point is that people’s time preferences are no business of the state’s and it is dubious to assert that people should, in all instances, prefer the longer term to the shorter term – at least not to the extent that the force of law is used to compel such a preference. There is no reason, for instance, why someone should not value the immediate pleasure from a cigarette instead of a longer, healthier lifespan and it is quite possible for an individual to regard a longer life as duller if it is devoid of short term pleasantries. The regulation of an action may stop, restrict, or otherwise control the action but it does not stop the motivating desires behind the action itself which are imbedded wholly within people’s minds. The preferences that influenced them still exist and have not been eradicated, and people are, instead, forced to embrace an outcome which they do not regard as preferable. So in other words, while the individual may have to forego a benefit today, in his own mind the pain of having done so in order to wait for another benefit to come sometime in the future (such as a longer, healthier life) may be worse to that individual. That person, from his point of view, suffered a loss rather than a gain. Regulation doesn’t, therefore, make benefits appear and costs disappear; rather, it simply forces people to endure what are, in their minds, heavier costs.
However, even if we were to accept the premise that people should take the longer view, the irony here is that regulation and state interference into people’s lives is what causes high time preference and rash, impulsive behaviour in the first place, along with the eradication of any kind of prudence, patience, good foresight and self-responsibility. In particular, the existence of the regulatory state fosters the mind-set that if an action is dangerous, or has a high chance of producing an unfavourable outcome, then the state will ensure that it is banned or the dangerous elements are removed. In other words because an army of bureaucrats has gone through the decision-making process on your behalf you simply do not have to care or pay any attention to the possible negative results of your actions because the guiding hand of the state will ensure that only good things can flow from anything you do. Indeed, the regulatory state is little more than a giant, inflatable cushion for people to avoid having to take responsibility for the consequences of their own decisions. When, of course, a decision in an unregulated area turns sour the cry is always “why were they allowed to sell this awful thing to me!” whereas what they really mean is “why was I allowed to choose to buy this awful thing from them!” What results, therefore, is a vicious circle where the growing regulatory state induces less prudence, a lower standard of care and thus more bad decisions that need to be met by increased regulation. To make matters worse if the regulatory state fails and you do happen to suffer some negative consequences, then in comes the helping hand the welfare state to rescue you anyway. If you drink or smoke too much and fall sick then state provided healthcare will look after you; if you gamble away your life savings then state benefits will still keep you fed, watered and sheltered even if you haven’t achieved the riches that you might have had you been successful. The upside of all of these decisions remains intact – that lucky horse may still promise to pay out millions and the whiskey will taste as good – but the downside has been heavily reduced as the state has insulated you from having to realise, or pay for, the full extent of the natural penalties of your actions if they occur. Thus, these types of frivolous and imprudent actions have become more attractive rather than less, and so they will be taken more frequently rather than less, resulting in more negative consequences rather than fewer. The result of this is, of course, moral hazard – carelessness for your actions when you can preserve your gains while heaping your losses onto everyone else. And finally, of course, all of this takes place within the sphere of the state’s inducement of a high consumption, high time preference society through the illusion of prosperity brought about by the forced lowering of interest rates, monetary inflation and the smokescreen of paper wealth.
Obviously, in a society that is wholly unregulated by the state people would be responsible for their own actions, and a culture of better decision making and more prudential planning would be induced. This does not mean, however, that you are completely on your own in determining whether you should proceed with a decision – an allegation of those who believe that the free market leads to an atomistic existence. It is this aspect that we will now explore when we examine the next reason that is proffered for the supposed necessity of regulation – imperfect or otherwise flawed knowledge on the part of one of the parties to the transaction. It is usually the case, of course, that the sellers of everything we choose to buy are experts in that particular product or service they are selling. They developed the product; they know what it should be capable of; they know the science behind it; they know where its raw materials or ingredients came from, who put them all together and how; they spend all day studying and marketing to their target demographic. We, on the other hand, are not so expert in these products, of which we may buy tens or even hundreds in a given week. We do not have the time to sift through mountains of information in order to find out whether a particular product is suitable for us, or whether it is likely to end up being either a waste of money or the cause of a much steeper loss. Surely the state should step in and compel companies to provide more information about their products? Surely it is only because of state regulation that we have mandatory lists of ingredients and nutritional breakdowns on food products and surely it is only because of the mandatory inclusion of warning labels that we know not to iron clothes while we are wearing them?
The key to unlocking this is to realise that the provision of information is an end in itself, an end which consumes scarce resources. Therefore, the value of this information needs to exceed the cost of those resources. To take a ridiculous example, the time it takes to cook an egg on the sunlit body of a car is a piece of information. The vendor of the car would spend valuable resources, such as labour, eggs, a stopwatch, etc. in gathering and publishing this information. However, if this information is useless to prospective purchasers of the car – in other words, it would not affect their desire to purchase the car one way or the other – then the vendor has incurred a deadweight cost and has simply wasted resources that would have been better spent on something else. How much information should be provided is part of the market process and it is consumers themselves who will determine through their purchasing habits whether or not a given set of information is valuable and is a requirement of a purchase. If consumers happily purchase products without receiving certain information then it indicates that the provision of such information would be a waste; if they choose to abstain then it may indicate that the purchase, on its present terms, is too risky and they require extra resources to be spent on providing more information about what it is they would be buying. It is here, of course, where the market’s own key regulator – price – steps in. At a low enough price consumers may be happy to purchase the product without further information as the risk of loss is relatively low so that gathering extra information would not be worthwhile. If the price was relatively high, however, consumers may demand more information so that they are more equipped for making a better decision before committing a relatively larger sum of money. And, of course, products sold with less information will, all else being equal, usually be priced lower than products sold with more information anyway on account of the fact that the vendor of the former products has not had to incur an extra cost. The forced provision of information by the state, however, is markedly different. Because it is not subject to the profit and loss test there is no way of telling whether such information is valuable or not; it is simply an arbitrary decree that resources must be directed in a way other than that desired by consumers. Additional costs are then heaped onto suppliers which, of course, result in higher prices for products – the extra money being spent on something that consumers simply do not want. To take a another extreme example, the state could mandate that an information booklet the size of a telephone directory should be sold with every loaf of bread, detailing the precise ingredients, the transportation process used, a detailed schematic of the ovens used for baking, the life stories of the baker and the wheat farmer and so on. It is obvious that the provision of this useless information would increase enormously the cost of a loaf of bread and thus make consumers worse off than they were before. The principle remains the same when the state requires seemingly more “sensible” – but still useless for the consumer – information to be provided.
The principle is also the same for the next two reasons that the state has for increasing the scope of regulation – maintaining standards of quality and standards of safety. The quality of a product is also part of the market process and cannot be subject to arbitrary standards. At any one time a higher quality product will, all else being equal, cost more than a lower quality product – meaning that more resources must be devoted to producing the higher quality product than the lower quality product. If more resources are used in creating a higher quality product then fewer resources are left over to be devoted to other things. Consumers must choose whether they wish their resources to be spent on a few higher quality or many more lower quality products through their purchasing habits. If they prefer the latter yet the government mandates that higher quality products must be produced then consumers are made worse off than they otherwise would have been. The sustainable way to increase quality is to increase the number of resources available so that such quality can now be afforded. It is here where the free market’s own regulatory mechanisms step in. If consumers, as a result of an increase of available wealth, demand that vendors produce higher quality items then quality standards are likely to develop within each industry. If vendors have to demonstrate that their products have reached a certain standard of quality then it creates a market for reputable, third party certifiers to examine the product and declare that it has met the required standards of quality that are expected by consumers. If it does not then no such declaration is made and the business must go back to the drawing board. Such third parties will be interested in making honest and trustworthy appraisals as it is the trustworthiness of their appraisals that lead to more product sales and hence, more vendors seeking their services for quality certification. Increased quality is therefore achieved through increased wealth creation which makes more resources available for this quality to be achieved, as opposed to state regulation which simply redirects existing resources from places where they are already needed.
Exactly the same is true when it comes to product safety because increasing safety also consumes valuable resources and we as consumers must determine how many resources we wish to divert from providing for other ends towards providing for more safety. With the regulation of product safety, it is important again to emphasise that we are not talking about the regulation of actions which may be defined as crimes or torts. If someone loads a child’s toy with explosives and it detonates then clearly such an action would be unlawful. Rather, what we are talking about is the regulation of safety standards that are accepted by both parties as terms of the contract – in other words, where the standards of safety sold are part of the product’s features or definition. For example, all else being equal, a car built with a thicker chassis, or a chassis constructed out of a stronger material, is likely to have greater crashworthiness than a car with a thinner chassis or a chassis constructed out of weaker material. If the latter car is purchased then the lower crashworthiness – and the resulting lower protection of the vehicle’s occupants in the event of a collision – is an accepted part of the contract and an accepted feature of the vehicle. Once again, the market’s own regulator – price – is king in this regard. All else being equal, the less safe car will be less expensive than the safer car. If consumers choose to purchase the less safe car the resources which could be spent on making the car safer are better off, from their point of view, being used somewhere else. If, however, the state steps in and mandates that, in the name of increasing safety, only the more expensive car should be sold then this would clearly lead to impoverishment. Indeed, some people may not even be able to afford the super safe car at all. They previously chose to purchase the less safe car because the value of the transportation it provided was worth the risk of being more heavily injured in the event of a crash. If state mandated “safety” standards price them out of the market so that they cannot afford a car at all then they have clearly lost very heavily. There is no such thing as a “no brainer” safety requirement that is valid in all places at all time – there is only what can be afforded. Requirements only seemingly become “no-brainer” when they can be easily afforded. And, of course, the way to increase the affordability of safety is to increase wealth creation so that more resources are available to be devoted towards increasing product safety. Just as with the increase of quality, if consumers, as a result of an increase of available wealth, demand that vendors produce safer items then industrywide standards of product safety will develop. If vendors have to demonstrate that their products have reached a certain standard of safety then, once again, the market is opened for reputable, third party certifiers to determine whether a product has achieved the standard that is expected by consumers. Underwriters Laboratories is an example of such a private, third party solution. Increased safety, like increase quality, is therefore achieved through increased wealth creation which makes more resources available for safer products to be made, as opposed to state regulation which simply confiscates existing resources from other ends.
What we have learnt from all of this is that regulation itself consumes valuable resources and so the value it produces must also take place in the societal rank of values. It cannot stand apart from the market process but must, rather, be part of it. The allegation that the markets are never “self-regulating” simply amounts to stating that people are not making the correct choices with resources that they own whereas the budding critic does. If the market is not “self-regulating” then, as we explained earlier, it means that people are not self-regulating and must be forced into making choices other than the ones that they prefer.
Earlier we explained how one of the tragic ironies of regulation is that it creates the very need for its own existence by perpetuating rash and foolish purchasing choices as people come to believe that the state is there to protect them from any possible negative consequence. Unfortunately, such a perpetuation is present on the supply side of the market as well. An increasing regulatory code heaps onto the shoulders of vendors increasing costs of compliance with that code. As well as spending money on market research, developing their products and targeting their advertising, prospective entrepreneurs not only have to hire armies of lawyers to ensure that they are complying with the regulatory code but very often the regulatory code itself will require the business to make an additional outlay – such as the requirement to publish extra information. The costs of compliance with regulation are more easily borne by large, established businesses yet they may be devastating to small start-ups or entrepreneurs with limited capital. For example, in a report for the Office of Advocacy of the U.S. Small Business Administration, Nicole and Mark Crain of Lafayette University calculated that the per-employee cost of federal regulatory compliance was $10,585 for businesses with nineteen or fewer employees, but only $7,755 for companies with five hundred or more. It is for this reason why regulation is, in fact, favoured rather than opposed by large, established businesses – for it creates a cosy cartel between business and the state which shuts out most prospects of new competition while at the same time saving face when they duly comply with these regulations for the “benefit of the consumer”. However, such stifling of competition is what creates some of the very problems that regulations are supposed to solve – poor provision of information, poor quality, and poor safety features. The result, therefore, is that regulation needs to increase in order to produce standards of consumer service that the free market would have produced by itself – except now with the deduction of the enormous cost of passing, complying and monitoring the said regulations. All of the supposed pitfalls and excesses of capitalism are therefore not a product of the free market but are, in fact, spawned by the regulatory state – and the response is supposed to be more regulation and increased oversight by a growing state bureaucracy. The most complained about industries in the world today, such as utilities, public transport and healthcare, supposedly demonstrate the tragedy of allowing private actors to provide so-called “essential” goods and services. Yet it is those very industries that suffer from the heaviest state interference.
State regulation of the free market is, therefore, a truly self-perpetuating, self-growing monstrosity, creating the very problems it seeks to solve – lazy, careless, and thoughtless purchasing choices on the one hand, and an oligarchy of large, greedy, unscrupulous businesses on the other, stifling economic progress and innovation in favour of micromanagement by a faceless bureaucracy. It is also a symptom of the globalist elitist agenda to unify and harmonise state bureaucracies into international trade agreements and treaties so that the reach of control and top-down direction does not stop at the state border – an agenda that was recently rebuffed (although will probably not be solved) by both the Brexit vote and the election of Donald Trump as the next US President. If we wish to regain economic progress and win back our liberty then destroying the regulatory state must be a high priority.
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