http://www.harpers.org/archive/2010/03/hbc-90006718
Six Questions for Richard Posner on Capitalism and Crisis

By Ken Silverstein

Richard Posner has been a judge on the U.S. Seventh Circuit Court 
of Appeals since Ronald Reagan appointed him to that position in 
1981. He is also a senior lecturer of law at the University of 
Chicago, and has written close to 40 books on law and economics. 
Since the crisis, Posner has taken a critical view of free market 
economics, a movement that was popularized in the U.S. by 
University of Chicago economists. In his new book, The Crisis of 
Capitalist Democracy, Posner argues that the current global crisis 
has proven that market economies suffer from inherent instability, 
which only smart government regulation can curb. My colleague 
Spencer Woodman recently asked Posner six questions about his new 
book. This interview was edited for length and clarity.

1. The general wisdom is that you switched from a laissez-faire 
approach to one that accepts the role of government regulation to 
stabilize the economy. What has changed your view of capitalism?

This has really been only since September 2008—since the crisis, 
when I took another look at everything. There was erroneous 
monetary policy and much too low interest rates, which encouraged 
excessive borrowing. And then there’s this very lax regulation of 
financial institutions, which reflects a failure to recognize that 
the financial industry is very unstable and requires regulation. 
It is connected to everything in the economy—consumers and 
businesses alike depend on it—so when it collapses, you’ve got 
real problems. A lot of people failed to see that. The financial 
backbone of the economy is a corner of capitalism that requires 
more intrusive and careful regulations than a lot of economists 
thought. Because of the centrality of credit in a capitalist 
economy, a capitalist economy is inherently unstable. This 
instability can become catastrophic unless you have something in 
place to mitigate it. Unfortunately no one seems to have very many 
great ideas on how to do this.

2. How significant was the Fed’s decision to allow Lehman Brothers 
to collapse?

I think it was a very serious mistake, because when Lehman 
Brothers collapsed the investors at hedge funds and other broker 
dealers got scared. They thought that if Lehman Brothers, which as 
they all were, was over-invested in mortgage-backed securities, 
was allowed to go broke, then maybe the government will allow 
everyone to go broke, and then they started to take their money 
out of the system. Lehman and these other firms’s capital is 
furnished to them by these new investment vehicles, which often 
require repayment over night. If you’re a company who owes your 
creditors their capital every night, and they get scared, then 
within 24 hours they can bankrupt you. So when everyone saw Lehman 
go broke, they started pulling their money out, and you had a run. 
Then the whole global financial system froze. So I think we ended 
up paying a lot more than we would have if we bailed out Lehman 
Brothers.

3. You argue we’re in a depression, not a recession. Is this 
distinction merely semantic for you, or do you think the current 
crisis is far deeper than generally believed?

I think it’s far deeper. Just look at our financial situation: 
we’re like Greece. There is this complete fiscal incontinence, 
huge deficits and no way of reversing the situation. We’re kept 
alive by the fact that the dollar is the international reserve 
currency—even when international companies are not dealing with 
the United States, a great many transactions around the globe are 
conducted in dollars rather than in local currency. And their 
central banks hold dollars, too. So as long as the world is 
holding loads of dollars, we’ll be okay because we can borrow them 
back. But it’s a very, very unstable situation. That’s one reason, 
and another is that unemployment has really frightened people, and 
it is causing significant political problems. You can see it in 
all this turmoil in congress and the protests and the emergence of 
the Tea Party.

4. You mention the Weimar Republic’s collapse into fascism during 
the Great Depression several times throughout the book, not as a 
direct parallel to the U.S, but to show that economic conditions 
affect political outcomes. How will this crisis affect the U.S.?

Normally during a crisis people turn to the government for 
salvation. In the Thirties, it was a matter of prestige for the 
government to save the country from what they conceived to be the 
failures of private enterprise. But now, somehow, people are 
turning against the government. I think it’s because this 
administration has not been successful in explaining to people why 
these bailouts and the deficit spending are central methods of 
promoting economic recovery. And I don’t think it’s reasonable to 
expect most Americans to understand the complex workings of 
macroeconomic policy. But, to some extent, I think their instincts 
are accurate that there is something wrong with the federal 
government running these trillion-dollar deficits, or that the 
total national debt is growing at a rate of over a trillion 
dollars a year. So people’s sentiments are understandable, but it 
creates this great turmoil. You have this tremendous mistrust of 
government that makes it very hard to address these economic 
problems. We don’t seem to have the political will to raise taxes 
significantly enough to pay off old spending or even to resist new 
deficit spending. There don’t seem to be any brakes on this 
vehicle hurdling toward an ever-greater deficit.

5. What is the current state of the “Chicago School?” Has Milton 
Friedman fallen from grace?

What happened is that ideas that seemed to be largely confined to 
the University of Chicago, which were considered rather fringe, 
conservative ideas—most of those ideas have become orthodox, and 
the University of Chicago has become indistinguishable from other 
large schools everywhere. But now there is some reaction against 
these ideas that there has been excessive government regulation in 
the economy and that financial markets are self-regulating. I do 
not think that the economists at the University of Chicago who 
specialized in macroeconomics and financial structures have 
contributed very much to the thinking about the current crisis. 
There’s a major exception to this, which is Raghuram Rajan. He is 
listened to a lot and has a lot of good ideas. He’s one of the 
skeptics of excessive deregulation. So he’s riding high now.

6. Did Obama appoint the right people to handle the recovery and 
also to build regulatory structures?

Yes and no. I think from a substantive standpoint he did, in the 
sense that he appointed Timothy Giethner, a very experienced and 
able person. He also reappointed Bernanke, who I said in the book 
made a really terrible mistake and contributed in a really big way 
to the collapse, but on the other hand has managed to oversee the 
recovery, economically. He’s a good economist. So a lot of these 
appointments i think were good substantively, but not good in 
terms of public relations—they are not good communicators. They 
don’t seem to have a handle on the significance of communication. 
It turns out that communication is quite vital.
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