Showing posts with label arbitrary laws. Show all posts
Showing posts with label arbitrary laws. Show all posts

Thursday, April 03, 2014

Quote of the Day: Differentiating Law and Legislation

Law is emergent and undesigned.  Law isn’t created; it evolves.  Legislation is created and designed.  Legislation is not law and law is not legislation.  The distinction between legislation and law is one that deserves far greater emphasis than it gets.

The modern state has gotten enormous amounts of unjustified and dangerous power by convincing large numbers of people of the truth of three false propositions – namely, that (1) only the state can supply sound money; (2) only the state can supply and enforce law; and (3) rules promulgated by the state are necessarily or by definition law.
(italics original) 

This is from Café Hayek blogger and Professor Donald J. Boudreaux relating law and the informal arrangement contrived by professional comedians to enforce property rights.

Wednesday, November 13, 2013

In India, Child Labor Ban Leads to More Child Labor

Just one of the many examples of how noble-sounding statutes backfire when faced with economic reality. 

A ban on child labor sounds like a policy move that would yield nothing but favorable results. But a new paper on the fallout from such a measure in India finds that isn’t the case.

The title — “Perverse Consequences of Well Intentioned Regulation: Evidence from India’s Child Labor Ban” — captures the conclusion that families’ welfare diminished rather than improved after India’s 1986 prohibition against labor by children under age 14.

The authors focused on particular jobs that the ban prohibited children from doing, such as working in mines, handling toxic substances, making cigarettes or providing food at rail stations. The ban didn’t extend to agriculture or family businesses, but the legislation set forth limits on how many and which hours children could work. Penalties for flouting the law included fines or prison time.

After the ban, the authors found, child labor actually increased — while wages for children, relative to those of adults, decreased. In addition, since fewer children were being paid, families became poorer, consumed and spent less and all told, found themselves struggling more financially than they had before the ban.
The abstract of the NBER paper by Prashant Bharadwaj, Leah K. Lakdawala and Nicholas Li (bold mine)
While bans against child labor are a common policy tool, there is very little empirical evidence validating their effectiveness. In this paper, we examine the consequences of India’s landmark legislation against child labor, the Child Labor (Prohibition and Regulation) Act of 1986. Using data from employment surveys conducted before and after the ban, and using age restrictions that determined who the ban applied to, we show that child wages decrease and child labor increases after the ban. These results are consistent with a theoretical model building on the seminal work of Basu and Van (1998) and Basu (2005), where families use child labor to reach subsistence constraints and where child wages decrease in response to bans, leading poor families to utilize more child labor. The increase in child labor comes at the expense of reduced school enrollment. We also examine the effects of the ban at the household level. Using linked consumption and expenditure data, we find that along various margins of household expenditure, consumption, calorie intake and asset holdings, households are worse off after the ban
At the end of the day, arbitrary edicts intended to safeguard certain constituents end up going on the opposite direction. Such is the law of unintended consequences

Friday, October 25, 2013

Quote of the Day: Law is the unconscious creation of society

Law is not a body of commands imposed upon society from without, either by an individual sovereign or superior, or by a sovereign body constituted by representatives of society itself.  It exists at all times as one of the elements of society springing directly from habit and custom.  It is therefore the unconscious creation of society, or in other words, a growth.
This is from page 21 of the American Bar Association’s publication of James C. Carter’s 1890 essay “The Ideal and the Actual in the Law“. The source of the above quote Café Hayek’s prolific blogger and economic professor Don Boudreaux expounds on the James Carter quote
Legislators are legislation-makers; they are not lawmakers.

True law can no more be consciously designed and created outside of the myriad social interactions that give rise to true law than can a true price be consciously chosen outside of the myriad economic interactions that give rise to true prices.  Commands that look to some people like law can be, and are, consciously designed and created.  But these are not law.  And because commands typically run against the spontaneous forces that give rise to law, such commands are typically against the law – just as a government-imposed price (or price control) results in something that looks like a price but is, in fact, not a true price at all.

Thursday, September 12, 2013

Chart of the Day: Obamacare Regulations: 8 Times Longer Than Bible

image

From CNS News (hat tip Tea Party Economist)
Since March 2010, when President Barack Obama signed the Patient Protection and Affordable Care Act (PPACA) and its companion Health Care and Education Reconciliation Act (HCERA), the administration has published in the Federal Register 109 final regulations governing how Obamacare will be implemented.

These regulations add up to 10,516 pages in the Federal Register—or more than eight times as many pages as there are in the Gutenberg Bible, which has 642 two-sided leaves or 1,286 pages.
From the admonitions of Roman orator lawyer and senator popularly known as Publius Tacitus (or Gaius Cornelius Tacitus) [Annals 117]
laws were most numerous when the commonwealth was most corrupt (or the popular variant: The more corrupt the state, the more laws)

Monday, July 29, 2013

Phisix: BSP’s Tetangco Catches Taper Talk Fever

The BSP’s Version of Taper Talk

JUST a little over two weeks back, Bangko Sentral ng Pilipinas (BSP) Governor Amando Tetangco said that the low inflation environment, “gives us room to maintain interest rates and our current policy stance”[1].

In short, the easy money environment will prevail.

This week in an interview on Bloomberg TV, the gentle BSP governor signaled a forthcoming change in the BSP’s policy stance noting that since the Philippine economy is “strong”, “we don’t see any real need for stimulus at this point[2].

Oh boy, the BSP chief echoes on the ongoing predicament of US Federal Reserve of testing the “tapering” waters.

The BSP was cited by the same Bloomberg article as raising its price inflation forecasts by putting the burden of inflation risks on the weakening peso.

So the BSP essentially has begun to signal a backpedalling from easy money stance.

As I’ve noted in the past, similar to the Fed’s “taper talk”, the BSP’s subtle change in communication stance represents “tactical communications signaling maneuver to maintain or preserve the central bank’s “credibility” by realigning policy stance with actions in the bond markets.”[3]

While the BSP’s preferred culprit has been the weakening peso, the reality has been that higher yields in the global bond markets including emerging Asia and the Philippines has forced upon this discreet volte-face.

The attempt to substitute the influence of bond yields on domestic monetary policies with the weakening peso, the latter having been premised on alleged expectations of higher price inflation represents, as the stereotyped political maneuver of shifting of the blame on extraneous forces—the self-attribution bias.

The peso as culprit for general price inflation has been premised on the fallacious doctrine of balance of payments. The weak peso, according to the popular view, will prompt for an increase in price inflation via higher import prices. But in reality, rising import prices will lead to reduced demand for imports or on consumption of other goods, thereby offsetting any increase in general prices.

This means that the depreciation of the Peso represents a symptom rather than a cause where the principal cause has been due to domestic inflationary policies.

As the great Austrian economist Ludwig von Mises explained[4]
Prices rise not only because imports have become more expensive in terms of domestic money; they rise because the quantity of money was increased and because the citizens display a greater demand for domestic goods.
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Since 2001, the asset segment of the BSP’s balance sheet have ballooned by a Compounded Annual Growth Rate (CAGR) of 11% where International Reserves comprises 86% of the asset pie as of December 2012 based on the BSP’s dataset[5].

On the other hand, the gist of BSP’s liabilities or 73% has been on deposits. Special Deposit Accounts (SDA) constitutes 57% of total deposits with Reserve deposits from other deposit accounts signifying a 19% share and deposits from the Philippine treasury at 9%.

Meanwhile, currency issued, which had a 17.7% share of BSP’s liabilities, grew by 9.05% CAGR over the same period.

The rate of growth in the BSP’s balance sheet increased in 2006, but has been in acceleration in 2009 through today.

This also implies that the bulk of the credit expansion in the banking sector have ended up as deposits in the BSP.

The CAGR of BSP’s balance sheet at 11% has nearly been double the 5.97% CAGR of Philippine GDP at constant prices[6] over the same period.

Thus inflation pressures hardly emanates from imports but from the rising quantity of money and assets with moneyness functionality or money-substitutes[7].

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Of course, when the BSP governor referred to a “strong” economy as basis for the subtle change in his policy signaling of a reduced need for stimulus, he has actually been resorting to the anchoring bias (behavioral finance) and to the time inconsistent dilemma. That’s because “strong” conditions had all been predicated on the easy money environment.

And with the projection of higher interest rates in a system whose leverage has been rapidly building up over the recent years, as shown by the double digit growth of overall banking debt (left) and the surging rate of loans on what I suspect as the epicenter of the Philippine bubble (right), this means higher cost of servicing debt and higher cost of capital. This also means interest rate and credit risk will mount.

And for the financial world who are dependent on computing for Discounted Cash Flows[8] (DCF) analysis based mostly from Net Present Value[9] (NPV), changes in discount rates will impact heavily on the feasibility of projects and investments. New projects or investments built upon discount rates at current levels will likely be exposed to losses from miscalculations or errors brought about by the expectations of the perpetuity of the low interest rate regime when the BSP officially begins its tightening.

All these means that if the path of interest rates is headed higher, as the BSP chief implies, then conditions will materially change and such will likewise be reflected on risks premiums.

As I previously wrote[10], (bold original)
“Fundamentals” tend to flow along with the market, which is evidence of the reflexive actions of price signals and people’s actions. Boom today can easily be a recession tomorrow.
The Unwarranted Fixation on Credit Rating Upgrades

The continuing optimism by the BSP has been based on the fundamental assumption that changes in interest rates are likely to be gradual and stable.
This seems uncertain as the recent actions in the bond markets have been anything but gradual and stable.

Of course the BSP’s view has been consonant with the Philippine President’s Benigno Aquino III. Such concerted efforts are likely representative of a PR campaign to generate high approval ratings.

In his State of the Nation Address (SONA), the Philippine president blustered over the same 7.8% statistical GDP and of the recent “improvements” on trade competitiveness as key accomplishments of his administration. He also mentioned that current conditions should merit another credit rating upgrade.

Mr. Aquino declared[11] “For the first time in history, the Philippines was upgraded to investment-grade status by two out of the three most respected credit ratings agencies in the world, and we are confident that the third may follow”

Well the public just loves the visible which politicians gladly feed them with.

Yet people hardly realize that credit rating upgrades can even signify as the proverbial “kiss of death”.

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A historical overview of some sovereign ratings changes from Fitch Ratings[12] serves as great examples. The above table reveals to us that credit rating agencies hardly sees risks even when these have been staring at them on their faces.

From 1995-2008, Greece (upper pane) had a series of upgrades and positive watches (blue box) in both the long and short term of foreign and local currency ratings. The Fitch began a string of downgrades on Greece only when the country’s debt crisis imploded in 2009[13]. Today Greece has been rated junk “substantial credit risk[14]”, four years after the unresolved crisis.

The successions of credit upgrades basically helped motivate the Greek government to indulge in a borrowing spree which eventually unraveled.

Venezuela has a different story (lower pane). But again we the same credit rating upgrades on the socialist country in 2005, who today suffers from a hyperinflationary episode or a real time destruction of the country’s currency the bolivar[15].

The Fitch eventually regretted their decision, they downgraded Venezuela. Ironically hyperinflating Venezuela has a higher rating than deflating Greece where both defaults on their debts but coursed through different means.

The above examples reveal of how credit rating agencies align their assessment with unfolding market conditions. Rating agencies hardly anticipate them accurately.

So a manipulated asset boom may easily draw credit rating agencies to upgrade sovereign debt.

It is important to draw some very vital lessons from history where banking crises, sovereign debt defaults, currency crises, and serial debt defaults, as chronicled by Harvard’s Carmen Reinhart and Kenneth Rogoff, which spanned “more than 70 cases of overt default (compared to 250 defaults on external debt) since 1800”[16] the common denominator has been overconfidence and denigration of history[17] (will not happen to us) [bold mine]
The essence of the this-time-is-different syndrome is simple. It is rooted in the firmly held belief that financial crises are things that happen to other people in other countries at other times; crises do not happen to us, here and now. We are doing things better, we are smarter, we have learned from past mistakes. The old rules of valuation no longer apply. The current boom, unlike the many booms that preceded catastrophic collapses in the past (even in our country), is built on sound fundamentals, structural reforms, technological innovation, and good policy. Or so the story goes.
I would add my conspiracy theory. Credit rating upgrades have been tied with the US bases. The American government has been endeared with the incumbent administration because the President pursues the path of his mother, the former President the late Cory Aquino, who fought to retain US military bases here[18]

Today, using territorial disputes as an excuse or a bogeyman, the Aquino government has allowed and defended the so-called non-permanent access of “allies” on former US bases[19].

The Illusions of the Benefits from Government Spending

Another mainstream obsession today has been the devotion towards statistical economic figures which has been presumed as an accurate measurement of economic growth.

As explained last week[20], the statistical 7.8% growth has been mainly rooted on growth by the construction, real estate and financial sectors, as well as, government spending.

And much of the ballyhooed statistical growth in the private sector has been financed by an unsustainable credit bubble.

Yet the public has been mesmerized by the $17 billion of proposed investments by the incumbent government. 

If the government spending is the elixir, then why stop at $17 billion? Why not make it $1 trillion or even $ 10 trillion?

And if such assumption is true, then why has the communist models like China’s Mao and the USSR evaporated? 

Why has China’s recent economic growth been substantially slowing amidst a splurge of government spending in 2008-2009? The newly installed Chinese has announced another $85 billion of railway stimulus to allegedly stem the growth slowdown[21].

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With enormous money thrown as fiscal stimulus from the late 90s to the new millennium, why has Japan’s lost decade been extended to two decades+ three years?

Apparently this seemingly perpetual economic stagnation has prompted the new administration to launch the boldest monetary modern day experiment by a central bank which will be complimented by even more fiscal spending stimulus and on the minor side trade liberalization.

Yet growing internal dissension[22] on the risks of Abenomics even from within the ranks of the Bank of Japan has been hounding on the popular expectations of the success of such derring-do political program aside from the risks of a fallout from an economic hard landing in China.

No matter the glorification of mainstream media’s on the alleged success of such policies, Japan’s financial markets are saying otherwise. Has the denial rally in Japan’s major equity benchmark Nikkei fizzled? Japan futures suggest that Monday’s opening will likely break below the 14,000 threshold.

Obviously what government spends will have to be financed by debt, taxes or inflation. Or simply said, whatever government spends has to be taken from someone else’s savings and or productive output. Government spending represents thus a disequilibrating force, because the recourse to institutional compulsion to attain political objectives means a shift of resources from higher value (market determined) uses to lower value (politically determined) uses.

Importantly, since most of government services are institutionalized or mandated monopolies, the absence of market prices means that there hardly have been accurate measures to calculate on the cost-benefit utility of the services provided. And since there are no market price utilized, returns are non-existent. Government spending, hence, represents consumption and not investments.

So the contribution of government spending has mostly been negative rather than positive to real economic growth.

But this is a different story from the mainstream’s statistical aggregate demand management based point of view.

And relative to the statistical 7.8% growth, this only means two things, one—economic boom has largely been concentrated on a few sectors which has been benefiting from the zero bound rates induced credit fueled manic speculation on the asset markets, and two—beneficiaries from government spending have always been the political class, their politically connected affiliates and welfare beneficiaries

And regardless of the egging of the Philippine president, in the latest State of the Nation’s Address (SONA), on the Congress to revamp Presidential Decrees 1113 and 1894 which according to news has been a Marcos era legacy that favors “businessmen close to the dictatorial administration”[23], the politicization of economic opportunities, where the government “picks on the winner” means that cronyism and regulatory capture have been the natural consequences or outcome from such anti-competitive politically distributed economic arrangements.

Thus actions meant to purportedly sanitize projected “immorality” are good as photo opportunities or for Public Relations purposes.

The reactionary rant against officials[24] and personnel of the Bureau of Customs, Bureau of Immigration and Deportation and the National Irrigation Administration (NIA) whom the President severely criticized for an unabated smuggling in the SONA should be a great example. That’s because one of the tarnishes of the incumbent approval rating obsessed regime has been in smuggling, where critics have labeled the Philippines as “Asia’s smuggling capital”[25].

In the world of politics, moral order has mostly been a function of either populism or legalities.

Yet what is popular or legal have not always or frequently been moral. Venezuela’s late Hugo Chavez died a popular leader due to massive wealth redistribution even if he ran the Venezuelan economy aground. Adolf Hitler was also a popular leader until he was defeated in World War II.

In the eyes of populist politics, immorality has hardly been thought about as legal or institutional blemishes. It has always focused on personal virtues: the personality cult mentality.

As the 30th President of the US Calvin Coolidge aptly warned[26]:
It is difficult for men in high office to avoid the malady of self-delusion. They are always surrounded by worshipers. They are constantly and for the most part sincerely assured of their greatness. They live in an artificial atmosphere of adulation and exaltation which sooner or later impairs their judgment. They are in grave danger of becoming careless and arrogant.
So when politicians or political leaders impose some edict or restrictions, they mostly expect people to behave like sheep. Such arrogant leaders forget that social policies affect people’s real lives, not limited to commerce. 

And in response to such laws, thinking and acting man intuitively find ways to sustain their preferred way of living, and in many times, acting in defiance of arbitrary legislations or regulations or the “rule of men”.

So, for instance, when the Philippine government via the BSP raised sales taxes significantly on gold sales, over 90% of gold output has been smuggled out in reaction[27]: the law of unintended consequences.

The same political agenda goes for India, where gold has a deep cultural attachment. The profligate Indian government wants to ‘balance’ fiscal conditions by reining on gold sales. First they apply import tariffs then restrictions spread to banks, bullion banks, and finally to the retail sector[28]. Remember the Indian government essentially has been attacking India’s culture in the name of fiscal balance.

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The consequence: an explosion of gold smuggling. Cases of smuggling has shot up to 205 from 21 a year earlier, value of gold seized by officials has soared by 10 times or 270 million rupees compared to 25 million rupees over the same period, according to the Wall Street Journal[29]

So at the end of the day, the formal sector ends up in the informal ‘illegal’ sector. The government forced the average Indians to migrate underground to maintain tradition. Practicing tradition have now been rendered as illegitimate and a crime. Many will suffer from political oppression out of the insensitive and inhumane whims of the political leaders.

It is still nice to see that the average Indians still have practiced civil disobedience via smuggling. But if the political repressive dragnet intensifies, then perhaps it will not be farfetched to expect civil disobedience to transform into violent public protests, ala Turkey, Brazil, or Egypt.

The bottom line is politicization of the economy have been key sources of social strains. What the largely economically ignorant or politically blind public initially sees as a boon from interventionism and inflationism will mostly regret of their advocacies.

And another thing, in today’s euphoric phase, I even read a commentary proclaiming today’s boom as “unstoppable”.

Well Mr. Tetangco has just fired the warning shot across the proverbial bow. Yet if bond markets continue to unsettle, what has been bruited as “unstoppable”…will not only become stoppable, but they will likely stop soon.
Despite the recent advances, current environment remains risky.

Trade cautiously.



[1] Malaya.com Tetangco: We will stay the course July 10, 2013



[4] Ludwig von Mises 1. Inflation III. INFLATION AND CREDIT EXPANSION Interventionism An

[5] Bangko Sentral ng Pilipinas Economic and Financial Statistics

[6] Tradingeconomics.com PHILIPPINES GDP CONSTANT PRICES

[7] Ludwig von Mises 11. The Money-Substitutes XVII. INDIRECT EXCHANGE Mises.org

[8] Wikipedia.org Discounted cash flow

[9] Wikipedia.org Net present value


[11] Inquirer.net Aquino: No stopping change July 23, 2013





[16] Carmen Reinhart and Kenneth Rogoff, This Time is Different Princeton University Press p. 111

[17] Ibid p. 15












[29] Wall Street Journal Gold Smuggling Takes Off in India July 26, 2013

Wednesday, July 10, 2013

Confessions of a Shadow Banker in China: It's the Formal Sector that it at Risk

In an OpEd article at Bloomberg, a self proclaimed shadow banker and author of “Inside China’s Shadow Banking: The Next Subprime Crisis?”, Joe Zhang talks about the exaggerated concerns over China’s shadow banks and of the real culprit behind China’s bubbles.

An excerpt from the article: (bold mine)
One cannot defend a $5 trillion industry with a couple of examples. Two of Wang’s colleagues had been wiped out in the last year after large borrowers defaulted. Several other informal lenders in Hangzhou had ended up behind bars after disgruntled investors accused them of fraud. In recent weeks, news reports have described mass bankruptcies among small businesses that had borrowed heavily from shadow banks at exorbitant rates.

But neither should one condemn all of shadow banking because of stories like these. Shadow banking is well diversified, and serves a legitimate customer base. By and large, it has much lower leverage than banks or corporate China. Losses at shadow banks are often absorbed by entrepreneurs themselves, without affecting the taxpayer.

Even the “wealth management products” offered by regular banks are not to be feared, because they are just deposits, pure and simple, whatever the theoretical distinctions. I buy them myself.

Certainly, the sector could stand to be brought under greater supervision. But many of the regulations already in place are vague and unreasonable. Authorities have never clearly defined something as fundamental as what constitutes “illegal fundraising.” Microcredit operations, like ours, are allowed to borrow from no more than two banks for any more than 50 percent of their equity capital. Why only two banks? Why only 50 percent? These restrictions are arbitrary, and they severely limit our ability to lend to underprivileged customers.

The government and the media are scapegoating the wrong culprit. Shadow banking has flourished in China for one simple reason: financial repression. By keeping interest rates artificially low, authorities have forced savers to search for more lucrative financial products. By favoring banks -- which, in turn, favor state-owned or well-connected private-sector companies with loans -- they have forced small enterprises to seek out people like me and Wang.

Meanwhile, projects that might look sketchy at 9 percent interest rates suddenly look feasible at 6 percent. Under such conditions, traditional banks have steadily lowered their lending standards -- from prime loans to subprime and then to simply silly loans.

Sound familiar? That’s how the 2008 financial crisis began, too. Leaders are right to worry about the possibility of a banking crisis in China. But instead of focusing their ire on shadow bankers, they should raise benchmark interest rates in order to reduce the amount of credit flowing to dodgy loans through the formal banking sector. The threat to China’s financial system is right there -- out in the open -- not lurking in the shadows.
Arbitrary edicts, financial repression via artificially low interest rates which induces clusters of misallocations or entrepreneurial error via the provision of cosmetic profitability to projects that are really unviable and of the discrimination on bank lending policies (previously mentioned here)  by the formal banking sector favoring State Owned Enterprises (SOE) and cronies, all of which contributes to systemic bubbles in the formal sector.

I am not sure if Mr Zhang is aware of it, but his descriptions of the banking and financial political-economic environment seem to fit to a tee the Austrian Business Cycle Theory (ABCT). 

Nonetheless it is the natural tendency for any government to look for a scapegoat to elude accountability and responsibility for their actions, as well as, use "market failure" as pretext or an excuse to expand control over society. 

But as the above anecdote has shown, China's shadow banks emerged spontaneously as a result of a repressive regulatory environment and from political interventionism and favoritism.

And China’s predicament looks like a familiar setting but at a much subdued scale to her ASEAN peers.

Tuesday, May 14, 2013

IRS Investigations: Using Regulations to Persecute Political Foes

I recently pointed out that arbitrary regulations, like electoral liquor ban in the Philippines, can be used to harass the political opposition. 

In the US, the tax agency the IRS will reportedly be investigated for allegedly employing the said maneuver.

According to John Samples at the Cato Blog
Last Friday, a spokeswoman for the Internal Revenue Service (IRS) admitted the agency had targeted various Tea Party and related groups during the 2010 election cycle. Later in the week, an Inspector General’s report will offer an initial look at the facts of this matter. At least two congressional committees also plan investigations. 

Many people recall that the Nixon administration used the IRS to harass political opponents. Surely the IG’s report and subsequent investigations will show whether the IRS has gotten back into the business of protecting an incumbent administration from its critics.

It is not too soon, however, to recall the the campaign finance reform lobby has been calling for a crackdown on political groups since the Citizens United decision. One possibility would be that the IRS gave in pressure from the reform lobby and went after the Tea Party groups.

Was there an intention to chill speech? The timing provokes doubts: the targeting began in the spring of 2010 just as the mid-term campaign season started and ended after the election when the harassment no longer has any rationale. The long delays of approving tax status certainly slowed down the wave coming toward Congress in 2010. 66 House members lost their seats in that election. Do any sitting members owe their offices to the IRS?
Attaining social “equality” must mean equality before the law via the rule of law rather than from arbitrary edicts which picks winners and losers that engenders unintended consequences.

A timely reminder from the great Austrian economist F. A. Hayek once wrote, (bold mine)
It is the rule of law, in the sense of the rule of formal law, the absence of legal privileges of particular people designated by authority, which safeguards that equality before the law which is the opposite of arbitrary government.

A necessary, and only apparently paradoxical, result of this is that formal equality before the law is in conflict, and in fact incompatible, with any activity of the government deliberately aiming at material or substantive equality of different people, and that any policy aiming directly at a substantive ideal of distributive justice must lead to the destruction of the rule of law. To produce the same result for different people, it is necessary to treat them differently. It cannot be denied that the rule of law produces economic inequality - all that can be claimed for it is that this inequality is not designed to affect particular people in a particular way.

It may even be said that for the rule of law to be effective it is more important that there should be a rule applied always without exceptions than what this rule is.... It does not matter whether we all drive on the left- or on the right-hand side of the road so long as we all do the same. The important thing is that the rule enables us to predict other people’s behavior correctly, and this requires that it should apply to all cases - even if in a particular instance we feel it to be unjust.

Friday, May 10, 2013

Why I Will Not Vote; Liquor Ban and No Stock Market Commentary

I will not participate or risk my life and limb or spend scarce time, effort, and resources in the selection process of so-called political leaders, undergirded by a political system that legitimizes the systematic picking of people’s pockets and the progressive curtailment of liberty through organized institutional violence under the guise of the ‘social justice’ sham

I will also not partake on the delusion where individuals have been programmed to believe that they are primarily members of the collective, which the individual is subordinate to, and that people have control over such leaders. In reality, such elections serve no more than a spectator sport or the race to bottom to manipulate the electorate with freedom constricting, “free lunches” tomfoolery themes in order to justify their assumption to office. This quasi mob rule (either by majority or plurality) selection process, of course, serves as the foundation to the system’s legitimacy.

Such pretentious virtues can already be seen via the election liquor ban regulation. The edict logically implies that election violence is a direct result of alcoholic intoxication rather than of mainly impassioned electoral competition (among the other many but trivial or coincidental factors). The ban essentially lumps two different variables into one, which is a logical absurdity. Electoral violence will happen with or without alcohol.

The Supreme Court struck down the administration’s extension of such ban. Yet such arbitrary regulations reveals of the priorities of those in power that gives preference to the political—the coercive picking of the pocket of Juan to give or transfer some of Juan’s money to Pedro, as the chosen political leaders keep the rest of the booty for themselves—rather than to the socio-economic system. More signs why today’s economic boom has been a paper tiger.

Of course, every arbitrary rule has beneficiaries. Aside from politicians, the tourism industry is exempted from such prohibition, thus the ban signifies an implicit subsidy to the latter. So there will be a boom in tourism and tourism related establishments at the expense of the sari-sari stores, carinderias, bars, and etc.., where the latter group will theoretically bear the brunt in terms of lost incomes. See how arbitrary rules promote inequality? Under the whims of political agents, those politically blessed get the benefits while the rest are left stuck in a rut. That’s “social justice” for you.

On the other hand, affected consumers, like me, will be displeased as prohibition takes away our satisfactions, and most importantly, limits our freedom of choice.

Also the people who will patronize prohibition exempted tourist and tourist related establishments are most likely the well off. So the “haves” can publicly swill on alcohol while the “non-haves” cannot. Thus prohibition statutes essentially discriminate against the lower segments of the society, which ironically and duplicitously, such supposed “virtuous” institutions proclaim to protect.

Worst, repressive prohibition fiats are imposed on us by people who pretend to know what is best for us. In reality, political paternalism represents a charade which has been used as an excuse to pick on our pockets and expand political control over our actions. As an old saw goes, the road to hell is paved with good intentions.

But the good thing is that because the domestic posse (dictionary.com: a body or force armed with legal authority) will be concentrating much of their efforts in the monitoring of electoral grounds or voting precincts, this means the prohibition will likely be infringed upon or would generally be toothless, but with exceptions

As an aside, this doesn’t mean that banned establishments will be serving alcohol but rather transactions will be done underground.

The exclusion is that the liquor ban policies can be or will be used selectively as strong-arm or harassment tactic against political foes.

This can also be used by authorities as pretext to mulct on the hapless consumer which is a source of corruption

In other words, such skewed, unfair and immoral legal restrictions, aside from heated political competition, incentivize electoral violence regardless of the presence of alcohol.

All these reveals how arbitrary statutes debauch on society’s moral fiber. These are things the public does not see and which the political class and media will not tell you. Economics function as a fundamental pillar of ethics.

In view of the senselessness of “feel good” politics, I will take this opportunity to spend precious moments with my family this extended weekend. Thus I will not be publishing my weekly stock market commentary and may limit my blogging activities

And if you want to know more on why I wouldn’t vote, my favorite iconoclast comedian the late George Carlin explains two reasons which I share…



Thank you for your patronage.

Have a great and safe weekend

Yours in truth and in liberty

Benson
The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office. Their principal device to that end is to search out groups who pant and pine for something they can't get and to promise to give it to them. Nine times out of ten that promise is worth nothing. The tenth time is made good by looting A to satisfy B. In other words, government is a broker in pillage, and every election is sort of an advance auction sale of stolen goods.  
-- H. L. Mencken

Saturday, May 04, 2013

Quote of the Day: Power is the root of corruption; other aspects are its symptoms

The  following insightful but lengthy quote references China’s political economy, as written by Professor Weiying Zhang in "The Logic of Markets" (courtesy of and thanks to Mao Money, Mao Problems) [bold mine] 
I once used a mathematical equation to analyze and show that the increase in actual corruption has a few origins. One is that with the increase in the degree the Chinese economy has monetized; the economic value of power has increased. The second is that the complexity of economic relations has caused supervision to become more and more difficult. The third is the growth in market opportunity caused government officials to “preserve utility” (the utility they would receive if they were forced out of the government as punishment for corruption). The fourth is the level of punishment has been reduced (such as the amount embezzled to receive the death penalty was increased significantly). The fifth is the formal salaries of government officials are relatively low. 

The five factors described above are all related to power. Power is the root of corruption; other aspects are its symptoms. Anti-corruption measures must address both the symptoms and its root, but direct action would cure the root. That direct action is to reduce the power of government officials. Some have proposed “high salaries to encourage honesty,” which makes a bit of sense. In a situation where the power of government officials is excessive, honesty cannot be encouraged with high salaries. If officials’ salaries are too high, the masses will not accept it. The key issue here is that government departments in our country have monopolized many rights that belong to private citizens and businesses in other countries with a market economy. Examples include starting a business and engaging in investment activities, which require government approval. Individuals and businesses have no option but to “buy out” by means of corruption rights to engage in normal economic activity that should belong to them in the first place. In connection with anti-corruption measures at present that only cure the symptoms without curing the cause, I said in 1994 that if we do not change the fundamentals of our government controlled economic system, and reduce the government’s administrative approval authorities, corruption of private goods (according to the definition in economics, without exclusiveness) is instead a “sub-optimal” choice. My meaning is that to stop corruption we must cure its root, not its symptoms. On the one hand stressing anti-corruption measures without wanting to reduce government power on the other hand is self deception. Not only can it not succeed, or even if it succeeds in the short term, it comes at the price of a huge impairment to society. A prerequisite for high economic growth without corruption is the abolition of the government’s monopoly over the power to allocate resources. Some say that I am defending corruption, but actually this is a misunderstanding of my views. Penetrating discussion of issues is the responsibility of scholars. In 1999, at the High Level Forum on Chinese Development, I said, “Government control needs to be given up just as drugs need to be given up,” and added, “If government examination and approvals were abolished, corruption could be reduced by at least 50%.” This message had a large impact on the proceeding system of examination and approvals reform. Ten thousand good wishes cannot match one effective action!
As shown above, corruption is a byproduct of a raft of arbitrary statutes, regulations and edicts, that bequeaths unnecessary political power to political agents which incentivizes abuse or what public sees as immoral 'corrupt' actions.

And when the media and credit rating agencies pontificate on political ascendancy from so-called anti-corruption reforms by merely persecuting ‘corrupt’ officials, pay heed or be reminded of the reverberating words of Professor Weiying Zhang 
stressing anti-corruption measures without wanting to reduce government power on the other hand is self deception.
In other words, never confuse substance with form, or symptoms with the cause.

By the way here, is a short comical skit depicting "Too Much power" culled from a 1957 movie called "A King in New York City" played by the late British comedian icon Charlie Chaplin and his son Michael. (hat tip Prof Bob Murphy)

Tuesday, March 26, 2013

How Money Oozed out of Cyprus during Negotiation of Bailout Deal

And almost everyone thought that the public’s money froze in Cyprus as ATMs went out of cash and banks were officially closed while local politicians haggled with unelected eurocrats for a bailout deal which was concluded right before the deadline.

Well, reports say that money had oozed out of Cyprus during the weekend.

From Reuters: (bold mine) 
In banknotes at cash machines and exceptional transfers for "humanitarian supplies", large amounts of euros fled the east Mediterranean island before and after Cypriot lawmakers stunned Europe by rejecting a levy on all bank deposits.

EU negotiators knew something was wrong when the Central Bank of Cyprus requested more banknotes from the European Central Bank than the withdrawals it was reporting to Frankfurt implied were needed, an EU source familiar with the process said. "The amount the Cypriots mentioned... on a daily basis was much less than it was in reality," the source said.

Confusion over just how much money was pulled out of Cyprus' banks is illustrative of the confusion surrounding the negotiations as a whole. Representing just 0.2 percent of the euro zone economy, Cyprus nevertheless threatened to reignite the bloc's debt crisis. Cyprus' problems began in Greece - it is heavily exposed to the euro zone's first bailout casualty.

No one knows exactly how much money has left Cyprus' banks, or where it has gone. The two banks at the centre of the crisis - Cyprus Popular Bank, also known as Laiki, and Bank of Cyprus - have units in London which remained open throughout the week and placed no limits on withdrawals. Bank of Cyprus also owns 80 percent of Russia's Uniastrum Bank, which put no restrictions on withdrawals in Russia. Russians were among Cypriot banks' largest depositors.

While ordinary Cypriots queued at ATM machines to withdraw a few hundred euros as credit card transactions stopped, other depositors used an array of techniques to access their money.

Companies that had to meet margin calls to avoid defaulting on deals were granted funds. Transfers for trade in humanitarian products, medicines and jet fuel were allowed.

Chris Pavlou, who was vice chairman of Laiki until Friday, said while some money was withdrawn over a period of several days it was in the order of millions of euros, not billions.

German Finance Minister Wolfgang Schaeuble said the bank closure had limited capital flight but that the ECB was looking closely at the issue. He declined to provide figures.
Two angles here. 

One, people always search for alternatives by exploiting on legal or regulatory loopholes. As indicated above, some took advantage of the London branches of Cyprus banks to withdraw their money.

On the other hand, aside from the controversy where the Cyprus president warned his friends of the imminence of the crisis, in the world of politics, there will always be exceptions to the rule. This applies most especially in favor of the politically connected. What would be needed are "valid" justifications for such actions.

As George Orwell once wrote in Animal Farm: All animals are equal, but some animals are more equal than others