Posted by Eric Posner:
Does the financial crisis discredit libertarianism?
http://volokh.com/archives/archive_2008_12_21-2008_12_27.shtml#1230069292


   Ilya says [1]no; others say yes. The question is not a good one,
   however, because libertarianism, in any meaningful philosophical
   sense, hasn�t influenced financial policy in decades. One might as
   well ask whether the financial crisis has discredited Jeffersonian
   republicanism or nineteenth century rural populism.

   The real question is whether the financial crisis has discredited the
   pro-market, deregulatory movement in a general sense, or banking
   deregulation in particular. Neither Weisberg nor Huffington know
   enough to answer this question, which is extremely complicated, and
   will be the subject of debate for decades. A few preliminary thoughts
   here:

   1. Americans reject unregulated banking, as have people in every
   country around the world. A truly �libertarian� or free market system
   would lack deposit insurance and a central bank�a system that existed
   in the United States in the nineteenth century. Such a system is
   certainly possible�it did exist�and it may even be optimal in some
   long-term-we�ll-all-be-dead sense. But it creates extraordinary
   volatility that people greatly dislike. If you borrow from an
   unregulated bank, you might get a good interest rate, but you have no
   remedy if the bank becomes insolvent. This gives rise to bank runs,
   financial contagion, and panic. Most people simply don�t want to take
   the chance that the place where they park their money will vanish and
   take their funds with it; hence the popularity of the government
   guarantee. In addition, because banks borrow from each other, the
   collapse of one can lead to the collapse of others, drying out credit,
   and harming the real economy. A government backstop is and has been
   political bedrock for decades. The government acts as lender of last
   resort through a central bank, depository insurance, and the rest. No
   serious person rejects this system in any modern economy.

   2. If you have government-supplied insurance, then you have to have
   government regulation of people�s financial activities. There is no
   way to avoid this conclusion. In a world without such regulation,
   banks would make excessively risk loans because they get the upside
   and the taxpayer bears the cost of the downside. Banks would also keep
   insufficient capital on hand to pay off depositors. And depositors,
   unlike ordinary creditors, would have no reason to investigate banks
   and ensure that they are operated safely. Although many people have
   criticized Depression era banking regulation�especially the
   constraints on the geographic reach of banks and the division between
   regular and investment banking�no serious person denies that if the
   government insures banks, then it must regulate them. The least
   controversial type of regulation is the minimum capital adequacy
   requirement, which obliges banks to keep a certain amount of cash or
   other liquid assets on hand to meet spikes in withdrawals.
   Unfortunately, there is nothing simple about these rules: in
   principle, the amount of capital kept on hand should be a function of
   the riskiness of the bank�s portfolio. In practice, this is hard to
   do. But the basic principle is undisputed.

   3. Over the years, there has emerged an academic and political debate
   about the optimal amount of banking regulation. Again, no serious�or,
   at least, influential�person taking part in this debate has disputed
   the need for some kind of insurance or lender-of-last-resort function.
   And no serious person has disputed the need for restrictions on what
   banks and other financial institutions that benefit from insurance can
   and cannot do. The debate was about a matter of degree. One camp
   believed that existing regulation was excessive; another camp believed
   that existing regulation was either adequate or insufficient. The two
   sides converged on many issues: for example, geographical restrictions
   did not reduce the riskiness of banking but in fact made it harder for
   banks to spread risks. So both sides could agree on this type of
   �deregulation.�

   4. The current financial crisis suggests, to the extent that one can
   draw inferences from one observation, that deregulation did go too
   far. Regulators and (probably) market actors appear to have
   overestimated the extent to which people could protect themselves from
   risk by purchasing various types of credit insurance on the market and
   in other ways diversifying their assets. Regulators may, alternatively
   or in addition, underestimated the extent to which government
   insurance caused people to engage in risky behavior by taking
   advantage of financial innovations that allowed them to evade minimum
   capital requirements and other regulations�on banks, insurance
   companies, and investment banks. If you are more heavily regulated if
   you own 30 years loans and less regulated if you own equivalent
   mortgage-backed securities, then you will sell the former and buy the
   latter, and take on more risk. There is certainly reason to think that
   some tweaking, perhaps serious tweaking, is in order. But it is
   tweaking nonetheless.

   5. As Ilya notes, the Bush administration did contribute to the
   crisis, but not by promoting free market ideology or �libertarianism.�
   Instead, it foolishly advocated what it called an �ownership society,�
   one in which people would be encouraged to own homes (and health care
   accounts and retirement funds), through, as it turned out,
   artificially cheap credit, subsidies, and the like. There is no reason
   in the world to think it is better, in some abstract sense, to own
   your home than to rent it�any more than it is better to own DVDs than
   to rent them from Netflix. For some people, ownership is better; for
   others, renting is better. There was tremendous intellectual confusion
   here: there is a difference between helping the poor (for example, by
   giving them money) and rearranging the legal relationship between them
   and the goods and services they use (for example, paying them to own
   rather than rent). The main effect of this policy was to subject
   lower-income people to more risk�of the upside, to be sure, but also
   of the downside. When the housing bubble pops, and the economy tumbles
   into recession, any serious commitment to the idea of ownership
   requires that our new owners suffer their losses. But the Bush
   administration could not sustain the harsh implications of its
   philosophy, especially because it was complicit in encouraging people
   to take on risk who might otherwise have been more cautious.

   The Bush administration pursued a two-track policy, then, one that
   both cut back on financial regulation and channeled financial activity
   toward the housing sector. The latter most definitely contributed to
   the financial crisis, though it is unclear how much. The former may
   well have but this question is even more difficult. Deregulation may
   have been hasty or ill-considered; that is not the same thing as
   saying that it could have been done better, and that therefore the
   lesson of the financial crisis is not that deregulation is bad but
   that the particular deregulatory approach of the Bush administration
   (and Congress, and the Clinton administration, etc.) was poorly
   thought out�a point that could be made about the deregulation of the
   S&L industry in the 1980s, which was also poorly thought out and
   disastrous as a result, and yet the more-or-less elimination of that
   sector was sensible. Deregulation may also have gone too far, which is
   not the same as saying that some degree of deregulation was sensible�a
   position that is held by most economists.

   6. The moral of this story is that we live in a society with a highly
   regulated financial sector. It will remain highly regulated in the
   future, and the difficult problem now is to determine what the optimal
   type and level of regulation is. This is mostly a technocratic
   question that rests atop a rough social consensus that the government
   should trade off risk/volatility and growth. True libertarianism has
   made no headway against this consensus; it remains as irrelevant today
   as it has been since the 1930s.

References

   1. http://volokh.com/posts/1230062822.shtml

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