Below is approximately the second half of Professor
Terrell's critique of binary economics written from
the "Austrian" perspective.

Rodney Shakespeare is quoted extensively.  He is
invited to post a reply.

I will be posting comments regarding the deficiencies
of both the "Austrian" approach and binary economics
as they relate to the economics of C. H. Douglas.
----------------


Fair Use Claimed


contends that the Fed's independence would be
jeopardized as "need" is introduced to the criteria
for these central bank loans.43

The amount of discount lending that would occur under
the binary economists' plan is not clear, but it
would necessarily be large. Yet, if more discount
lending would promote more rapid growth, why not make
the initial discount window loan truly enormous,
perhaps ten times the current U.S. GDP? Certainly
this would allow even more rapid capital
accumulation, if the binary economists are correct.
The limits to such lending are not made clear.

V. Binary Economics, Property Rights and Freedom

As we have seen, the binary economists' plan for
capital dispersion would produce a massive business
cycle. It is also important to show that the plan is
in no way compatible with a free market economy -as
the binary economists claim. At its core is the
government, reinsuring credit acquisition loans and
setting up need based criteria for such loans. As
Roth wrote, "Good intentions notwithstanding, the
binary property system would simply substitute a new
political redistribution process for the extant
process.44  Besides, as Roth points out, the federal
government already is the largest underwriter of
financial risk in the United States (probably student
loans and home mortgage loans?). The redistributive
nature of these underwriting programs produces
enormous losses.45

"...more likely than not, the government's decisions
would reflect the concentrated benefit -dispersed
cost calculus: credit would generally be allocated to
well-defined constituencies, while the (largely
hidden) costs would be broadly dispersed across all
taxpayers. This would be the inevitable consequence
of binary financing; an outcome which would hardly be
congruent with the goals of binary economists."46

Where the binary economists' antagonism toward the
free market is most plainly seen is, perhaps, their
proposed limitation on capital ownership. Kelso and
Kelso want to set a limit on the amount of capital
that a family can own. "[The state] must prohibit the
sterilization and morbidization of capital ownership
by those who seek too much capital-productive
power."47 Saving, apparently, would be a crime:
"Economic health also requires vigilance in
preventing families from accumulating more capital-
earning power than they can or wish to spend on their
own consumption."48

Kelso and Kelso also want to restrict or even
eliminate bequests, as an extension of their proposed
"principle of limitation." The state would step in to
regulate intergenerational transfers and distribute
assets after death.

"Property ceases at death...The right to make gifts
of one's capital and assets ceases at death.
Transfers of property at death, either through
institutions or by will, including their taxation,
belong to the domain of positive law and public
policy. This is also true of limitations on
transfers, such as those to charitable foundations,
intended to circumvent laws regulating testamentary
gifts. Thus the principle of limitations extends to,
and countermands, all stratagems to subvert it.

"The legal implementation of the principle of
limitation-its application to every situation-is, of
course, a task for federal and state legislatures. No
specific legislation regulating a capitalist economy
is more critical than this."49

At least binary economists want to privatize public
property in order to sweep more capital into the
constituency trusts they have concocted.50

The Kelsos argue from the de facto existence of
government involvement in the economy, and prevalent
opinion that it should be so involved, that this
constitutes an obligation to be involved. 'Is the
federal government responsible for the health and
prosperity of the American economy?...Today, both
voters and officeholders take it for granted that the
answer is yes."51  Vox populi, vox dei. "At issue,
then, is not whether government will assume
responsibility for economic   prosperity, but how it
will choose to discharge its ohligation to do so."52
The Kelsos are emphatic, and will brook no dissent:

"...there can hardly be any basis for questioning the
establishment of the Capital Diffusion Reinsurance
Corporation (CDRC [CCRC in Figure 1]) as a U.S.
government backed capital credit reinsurance
underwriter, supported by the full faith and credit
of the U.S. government. This entity would fulfill a
function that is already the government's but that
the government is not carrying out in the most
rational and purposeful way."53

"Federal and state governments have the duty to adopt
a sound economic policy. It is also government's duty
to take primary responsibility for interpreting,
administering, and enforcing the policy of
redemocratizing economic power...If we want to
redemocratize economic power, we must do it through a
new binary national economic policy."54

To remove all doubt as to the legality of the binary
economists' proposal, Kelso and Kelso suggest a
modification of the 1946 Employment Act (15 U.S.C.
1021) to include reference to "capital workers."55

Ashford and Shakespeare argue that a true free market
obviously has failed, because there are so many
government interventions-bailing out big firms,
subsidizing farming, research, etc., redistribution
of income, etc. "[T]he redistributions continue and
on a very large scale precisely because the market
distribution of income has proved economically and
politically unacceptable to almost everybody."56 This
is begging the question. A true free market does not
work, they argue, because the government is in fact
intervening to correct failings. Ashford and
Shakespeare condemn hypocritical defenders of the
"free market" for favoring all these interventions.
Then they want to say that their hypocrisy imp lies
that the free market must not work. This is clearly
an ad hominem attack.

Incredibly, Ashford and Shakespeare claim that binary
economics is "more faithful to free market principles
than the theories, critiques and proposals of even
the most ardent `free market' advocates."57  They
refer to free market capitalism as "Unfree, unfair,
and inefficient market capitalism."58 It is called
unfree because "although everyone is theoretically
free to acquire productive capital, effective freedom
to acquire it is unnecessarily denied to the m any
and enjoyed by only a few."59

"Moreover, the binary economy is structured to
operate in a way more faithful to free market
principles than any existing economy. It is a true
free market effectively open to everybody instead of
a few. In accordance with true free market logic, it
eliminates unnecessary market barriers so as to allow
the law of supply and demand to work more efficiently
for all people individually. It therefore offers a
level of efficiency well beyond that which can be
achieved in the existing unfree market economies."60


Later, Ashford and Shakespeare write, "In binary terms, true free market principles are those of open participation, voluntary exchange, and respect for private property."61

This is a semantic game with the term "free market."
These binary economists want to redefine a free
market as an economy in which there is freedom from
all constraints that might prevent a person from
attaining command over capital assets. This
definition inserts equality of individual capability
as a precondition of a free market. A free market,
properly understood, is one in which two individuals
are free to voluntarily exchange their property
without the coercive intervention of a third party.
The binary economists' concept of freedom is
egalitarianism. One might well ask, what if that
person who owns so little capital in the "unfree"
economy is less capable of sending those capital
assets to their highest and best uses? What if that
person has a time preference that is inconsistent
with the postponing of consumption that is necessary
to invest in capital? Is that person therefore less
free? Yet the binary economists are arguing in their
ideal world of dispersed capital ownership, everyone
would be able to handle capital asset management with
an equal degree of skill.

The so-called "binary property right" actually
strikes at the core of property rights. It is not
mere hubris, then, when Ashford and Shakespeare call
the binary property right a "paradigm-altering
concept." It is "at the heart of the binary private
property system and is the right of all people to
acquire, on market principles, private and individual
ownership of wealth-creating capital assets..."62
And, "the basic binary property right is the right to
acquire capital on non-recourse corporate credit and
to repay the loan with the earnings of the capital
acquired."63

"The binary property right is...a right to
participate in production and in market transactions
with willing buyers and sellers of goods and services
with re spect for everyone's private property. It is
not the right to compel a transaction or to barge in
on, or prevent, the voluntary transactions of
others...

"Nevertheless, although the binary property right is
a market right which respects the rights of others
and requires voluntary transactions for its
implementation, it is intended to be an effective
right and not a merely theoretical one. In other
words, it is intended to enable people without
capital to compete in practice with existing owners
for new capital acquisition. This is done by
modifying the present legal and administrative
structure to make the right effective in practice."64

Again, the binary economists want to have the
voluntary nature of a free market but none of the
constraints that might prevent a person from
attaining command over capital assets. According to
the binary economists, each individual has the right
to engage involuntary transactions to acquire capital
(and a substantial amount of it). If an individual
lacks sufficient wealth, creditworthiness, or income
to purchase this capital, it must mean that he
doesn't have an effective right. To grant the
effective right to that individual means that someone
is going to have to increase his wealth,
creditworthiness, or income. Transferring wealth to
that person, or requiring others to ignore certain
factors relevant to his creditworthiness, is
inconsistent with "respect for everyone's private
property." Yet this is exactly what is required by
the binary proposal for capital dispersal. In the
view of binary economists, no one should be denied
credit for the purpose of buying capital for any
reason. Inadequate collateral, a poor repayment
history, or any other justification a lender might
provide for denying a loan are all swept aside as
violations of the binary property right. Even the U.
S. Constitution is supposedly consistent with the
binary proposal:

"The essence of economic democracy lies in the
elimination of differences in earning power resulting
from denial of equality of economic opportunity,
particularly equal access to capital credit.
Differences of economic status resulting from
differences in advantages taken and uses made of
economic opportunities are natural, proper, and
desirable. But all differences based on inequality of
economic opportunity, particularly those that give
access to capital credit to the already capitalized
and deny it to the non- or undercapitalized, are
flagrant violations of the const itutional rights of
citizens in a democracy."65

The alleged "right ...to be adequately capitalized"66
is violated whenever someone accumulates "more
capital than is required to meet the owner's
consumption needs and wants and to free him or her
from subsistence toil...""67 Any returns to
productive work that are not immediately consumed are
apparently illegitimate, to binary economists. The
Kelsos go on:

"This is the essence of social injustice. It denies
the capitalless majority of citizens their right to
be productive-a right dependent in our industrial age
upon effective opportunity to acquire, own, [p. 26]
and protect capital. It denies them equal protection
of the laws, which would give them equal access to
the freedom and independence that capital ownership
provides and enhances.

"It follows that if every household must own enough
capital, no household can or should own too much
because the aggregate of what is produced equals the
aggregate power to consume generated by production.
If the few produce what must be consumed by the many,
the many are deprived of their power to produce for
themselves and either become wards of charity or die
of privation. The condition of too much is reached
when a household or consumer unit's capital holdings
produce more income than its members wish to spend
and in fact do spend on consumption patterns, freely
chosen by the individuals concerned, and to the
prevailing state of technology."68

Similar "rights" are mentioned elsewhere: a "right to
good livehhood" is implied,69 and Franklin Delano
Roosevelt's claim that "every man has...the right to
make a comfortable living" is approvingly quoted .70
Binary economists also refer to a "right to produce
goods and services."71  A right to produce requires
the right to command resources necessary for
production--and this implies an obligation on the
part of others to provide those resources. If they
are not voluntarily tendered to the person with the
"right to produce," they may presumably be taken. A
position more consistent with private property rights
acknowledges that before trade no one has a "right"
to the property of another. The "economic democracy"
of the Kelsos strikes at the foundation of property
rights. Ironically, even in the same page they
celebrate the free market.

How large, exactly, is the capital portfolio that
each person should have? Binary economists link the
size of the portfolio to the indeterminate "physical
capacity of the economy," a nonsensical concept.72
Ashford and Shakespeare say that the goal should be a
"capital estate large enough to supply sufficient
current consumer income to support at least one half
of an affluent life style (measured in the context of
what society as a whole can efficiently produce)."73
"Reasonable" people, it seems, will stop increasing
their consumption after a certain standard of living
has been attained. "When one has acquired sufficient
capital-sourced earning power to satisfy one's
consumer needs and wants, sufficient to reasonably
provide the living one wishes to enjoy, one has
enough capital-oriented earning power."74 Once one
has "enough" capital, any excess would be violating
the rights of the capital-deprived, so that
government intervention is necessary. The state will
also need to decide what a "reasonable" standard of
living is:

"What constitutes a viable capital estate? How large
should it be? In a free society that is a question
for each household to decide for itself, subject to
the power of government to enforce the limitation set
forth in the common law of property. But the logic to
which Congress must resort, both under the concept of
economic justice and under the philosophy behind the
Declaration of Independence and the Constitution, is
the equal right of each consumer unit to the
opportunity to produce under competitive conditions
the income necessary to enjoy the standard of living
it reasonably chooses for itself. "Reasonably" refers
to the physical capacity of the economy. If its
physical capacity is smaller than the aggregate of
chosen living standards--a condition that modern
technology makes highly unlikely-then Congress must,
with equal protection to each, define a lower limit
of viability that will prevent any capital-owning
family from injuring anyone else's person or property
or the public welfare. Social policy concerning
family size will here become an essential political
consideration."75

Clearly, the binary proposal amounts to a severe
attenuation of basic individual property rights.
Savings would be illegal, caps would evidently be set
on standards of living, and even family size would be
regulated.

VI. Conclusion

The claims of binary economists can be quite
extravagant, and they lack no confidence in the
ultimate success of their new paradigm. Ashford and
Shakespeare write that "...the binary view of
production...has momentous implications which will
reshape the way people look at everything economic
and much else besides.  Those implications will
eventually fill articles and books..."76  Kelso and
Kelso make other bold claims:

"We can, in time, inoculate people against poverty.
...[W]e can raise the earning power of the
underproductive and prevent the sterilization of
excess capital productive power accumulated by those
who will not and cannot use it for their own
consumption. We can tame, if not wholly eliminate,
the business cycle in the American economy. We can
plan and deliberately effect economic health, both
for the national economy and for each consumer unit
within it. We can indeed demonstrate for the world
how to produce goods and services in such a way as
eventually to make all consumers economically
autonomous, as they were under nature's original
economic plan for preindustrial humanity."77

In this society of evenly dispersed capital, there
will be no need for welfare or charity. "Welfare,
private charity, boondoggle employment, and other
modes of redistribution might well be necessary as
temporary political or emergency expedients. But once
the democratic capitalist goals have been attained,
charity and other forms of redistribution should no
longer be needed.78

The benefits of binary economic s are said to extend
even to a change of human nature, so that people will
become happier with less:

"...as all people acquire an increasingly secure
capital base, it is conceivable that there will be a
diminution in perceived human needs (which, in the
case of some people today, amount to almost limitless
dreams of conspicuous consumption) to a more balanced
understanding of what is really required for human
happiness. Fear of, and the reality of, material
insecurity are probably the main reasons why some
humans come to have almost limitless wants and
greedy, highly possessive attitudes. ...The binary
economy, however, holds a potential for greatly
improving attitudes because it provides a profound
material security for all."79

Elsewhere the Kelsos claim that their "economic
democracy" will eliminate inflation as well." Other
binary economists believe that binary economics is
also going to produce environmental purity and
habitat preservation, because incomes will be so high
that we can afford to produce using more expensive
methods that are less damaging to the environment.81

Binary economists stress the uniqueness of their "new
paradigm." Yet the theory is riddled with severe
problems. Milton Friedman, who once debated Kelso,
called Kelso's "two-factor economics" a "crackpot
theory," and with considerable justification, it
seems. It is not clear from reading binary economists
that they understand the "conventional" economics
that they are criticizing. Many binary economists are
not formally trained in economics. This is not
necessarily a problem, as many of the greatest
insights in economic thought came from people who had
no such training. Yet, for an organized effort to
reform the discipline of economics, binary economics
reveals surprisingly little participation from those
schooled in the discipline. Louis Kelso himself had
degrees in law and finance, Robert Ashford is trained
in law, and Rodney Shakespeare has a degree in
history. Shakespeare, co-author (with Ashford) of a
major work defending binary economics, states that he
"tried to study conventional economics but found that
every book on economics gave him a headache."82 From
which he concluded that economics was fundamentally
flawed.

Binary economics is, in sum, a cluster of significant
theoretical errors masquerading as a market-friendly
solution to our worst economic problems. Kelso's
employee stock option plan is a legitimate method of
simultaneously compensating employees and solving a
pervasive principal-agent problem. Binary economics
takes the ESOP and turns it into a fantastic
Wolkenkuckucksheim, heedless of the massive inflation
that would necessarily accompany its policy
proposals.
--

Notes:
1 Ashford and Shakespeare (1999), p. 7.
2 Ashford and Shakespeare (1999), p. xi.
3 See Kelso and Adler (1958, 1961), Kelso and Hetter
(1967), Kelso and Kelso (1986), Ashford (1990, 1996),
Gauche
(1998), Ashford and Shakespeare (1999).
4 Ashford (1996), p. 10.
5 Kelso and Kelso (1986), p. 20.
6 Roth (1996), pp. 58, 59.
7 Roth (1996), p. 60.
8 Ashford and Shakespeare (1999), p. 60.
9 Kelso and Kelso (1986), p. 17.
10 Kelso and Kelso (1986), p. 165.
11 Kelso and Kelso (1986), p. 168.
12 Mises (1956), pp. 84, 85.
13 Ashford and Shakespeare (1999), p. 28.
14 Ashford and Shakespeare (1999), p. 30.
15 Ashford and Shakespeare (1999), p. 23.
16 Mis es (1956), p. 86.
17 Mises (1956), pp. 86, 87.
18 Roth (1996), pp. 61, 62.
19 Roth (1996), p. 59.
20 Ashford (1996), p. 8.
21 Kelso and Kelso (1986), p. 17.
22 See Roth (1996), p. 61.
23 Kelso and Kelso (1986), p. 8.
24 Kelso and Kelso (1986), p. 114.
25 Ashford and Shakespeare (1999), p. 128.
26 Mises (1956), p. 85.
27 Kelso and Kelso (1986), p. 20.
28 Kelso and Kelso (1986), p. 128.
29 Kelso and Kelso (1986), pp. 35, 36.
30 Kelso and Kelso (1986), pp. 36, 37.
31 Ashford and Shakespeare (1999), p. 39.
32 Kelso and Kelso (1986), pp. 34, 35.
33 Kelso and Kelso (1986), p. 37.
34 Ashford and Shakespeare (1999), p. 126n.
35 See Roth (1996), p. 61.
36 Kelso and Kelso (1986), p. 36.
37 Kelso and Kelso (1986), p. 34.
38 Kelso and Kelso (1986), p. 40.
39 Kelso and Kelso (1986), p. 40.
40 Ashford and Shakespeare (1999), p. 125.
43 Roth (1996), pp. 65, 66.
44 Roth (1996), p. 64.
45 Roth (1996), p. 64.
46 Roth (1996), pp. 64, 65.
47 Kelso and Kelso (1986), p. 33.
48 Kelso and Kelso (1986), p. 20.
49 Kelso and Kelso (1986), p. 27.
50 Kelso and Kelso (1986), pp. 121, 122; Gauche
(1998).
51 Kelso and Kelso (1986), p. 109.
52 Kelso and Kelso (1986), p. 110.
53 Kelso and Kelso (1986), p. 111.
54 Kelso and Kelso (1986), p. 122.
55 Kelso and Kelso (1986), p. 123.
56 Ashford and Shakespeare (1999), p. 65.
57 Ashford and Shakespeare (1999), p. 17.
58 Ashford and Shakespeare (1999), p. 10.
59 Ashford and Shakespeare (1999), p. 11.
60 Ashford and Shakespeare (1999), p. 17.
61 Ashford and Shakespeare (1999), p. 19n.
62 Ashford and Shakespeare (1999), p. 7.
63 Ashford and Shakespeare (1999), p. 47.
64 Ashford and Shakespeare (1999), p. 48.
65 Kelso and Kelso (1986), p. 115.
66 Kelso and Kelso (1986), p. 25.
Kelso and Kelso (1986), pp. 24, 25.
68 Kelso and Kelso (1986), pp. 25, 26.
69 Kelso and Kelso (1986), p. 12.
70 Kelso and Kelso (1986), p. 23.
71 Kelso and Kelso (1986), p. 11.
72 Binary economists apparently regard the existence
of temporarily idle capital (factory downtime at
night, etc.) as
evidence of unused physical capital.
73 Ashford and Shakespeare (1999), p. 49.
74 Kelso and Kelso (1986), p. 29.
75 Kelso and Kelso (1986), pp. 27, 28.
76 Ashford and Shakespeare (1999), p. 32.
77 Kelso and Kelso (1986), p. 21. Note here the goal
of "economic autonomy" or self-sufficiency. If this
means that
people have greater ability to fulfill their own
economic goals, this is fine. But if this means less
reliance on others
through specialization and trade, then this autonomy
will lead to poverty.
78 Kelso and Kelso (1986), p. 37.
79 Ashford and Shakespeare (1999), p. 54.
80 Kelso and Kelso (1986), p. 26.
81 Ashford and Shakespeare (1999), pp. 54, 55.
82 Ashford and Shakespeare (1999), p. 464.
--

Works Cited
Ashford, Robert H. 1990. "The Binary Economics of
Louis Kelso: The Promise of Universal Capitalism,"
Rutgers Law
Journal 22:3-120.
______. 1996. "Louis Kelso's Binary Economy," Journal
of Socio-Economics, 25:1, 1-53.
______, and Shakespeare, Rodney. 1999. Binary
Economics: The New Paradigm. Lanham, MD: University
Press of
America.
Gauche, Jerry N. 1998. "Binary Economic Modes for the
Privatization of Public Assets," Journal of Socio-
Economics,
27:3, 445-459.
Kelso, Louis O., and Adler, Mortimer J. 1958. The
Capitalist Manifesto. New York: Random House.
______. 1961. The New Capitalists. New York: Random
House.
Kelso, Louis O., and Hetter, Patricia. 1967. Two-
Factor Theory: The Economics of Reality. New York:
Vintage.
Kelso, Louis O., and Kelso, Patricia H. 1986.
Democracy and Economic Power. Cambridge, MA:
Ballinger.
Mises, Ludwig von. 1956. The Anti-Capitalistic
Mentality. Princeton: Van Nostrand.
Roth, Timothy P. 1996. "A Supply-Sider's
(Sympathetic) View of Binary Economics," Journal of
Socio-Economics,
25:1, 55-68.
--

Binary Economics:
Paradigm Shift or Cluster of Errors?
March 14, 2003
Timothy D. Terrell
Assistant Professor of Economics
Wofford College
429 N. Church St.
Spartanburg, SC 29303-3663
[EMAIL PROTECTED]

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