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That trading thing people do

By Lorenzo

Canadian economist Nick Rowe made a comment on a blog post on comparative advantage that bugged me:

The way I teach it, all gains from trade come either from differences between people, like comparative advantage, or else from economies of scale. So I think gains from trade is not more basic than comparative advantage. Gains from trade are a result of (or the same thing as) comparative advantage.

Now, Nick Rowe knows way more economics than I. He even teaches it, and teaching is a great way to learn. He is a great econblogger, specialising in mind-bending thought-experiments. But I conceive of comparative advantage as a counter-intuitive result of gains from trade based on differing opportunity costs in a situation where a similar range of production choices are possible.

What you want

My point is two fold. First, trade has to be motivated (including the prior production choices). Gains from trade come from preferences + capacities. If, by trading with you, I can gain something I value more in exchange for something I value less, and you prefer what I can offer you to what I want from you, then the trade happens. So, yes differences between are basic to the gains from trade, but the preferences are prior–the trade has to be motivated to happen. Including the previous production choices. Opportunity costs (plus preferences) explain the production choices leading to the situation where gains from trade are possible.

The difference is between Nick Rowe saying, look!, differences produce gains from trade and me saying look!, differences lead to getting gains from trade. It is somewhat similar to Marx saying look!, things produced by labour have value and me saying look!, people apply labour to get things of value. In both cases, the motivation comes first.

Nick Rowe’s way of looking at gains from trade is certainly thought-provoking, but I still want motivation to come first. We are talking about human action, after all (pun intended).

What you don’t have

Second, comparative advantage assumes we can produce the same goods, just at different opportunity costs. This is not how (long distance) trade originally started. Such trade originally began between people who produced quite different ranges of good–not because they chose to produce one and not the other, but because they could produce something other people could not.

Hope those "great hunters" aren't just goofing off again.

Hope those “great hunters” aren’t just goofing off again.

Sure, comparative advantage operated from the beginning of human existence as foraging (i.e. hunter-gatherer) bands. Men hunted and women gathered. Gathering was compatible with looking after babies and small children, hunting used the generally superior upper body strength of men and put the reproductively more expendable gender more at risk. Given the operating constraints, while men could gather and women could hunt, men were more productive hunting and women more productive gathering. So, women gathered and men hunted–comparative advantage at work. (And those who fell in between? They provided cultural and other social cohesion services: also a form of comparative advantage.)

But long distance trade was, for millennia, dominated by trade for goods not able to be produced locally. The lower the level of technology, the more (long distance) trade was dominated by the products and distributions of nature. Even domesticable plants and animals took centuries (or even millennia) to spread. Farming, for example, spread across Europe at about the rate of a kilometre a year; taking millennia to spread from Anatolia to the Atlantic coast.

So, particular regions were noted for particular trade goods. You had to trade to get them, as local production was typically not an option.

There were choices in putting effort into tradable or non-tradable goods–opportunity cost at work. But comparative advantage in the we-can-produce-the-same-range-of-goods, just-at-different-opportunity-costs sense mostly did not operate.

trade_routes

Of course, in such a situation, there was little motive to come up with the theory of comparative advantage to explain trade. It was perfectly obvious why such trade occurred and what benefits were to be had. Since long distance travel was risky–so trade tended to be dominated by low weight-high value items (i.e. luxury goods)–moralists might rail against the desire for decadent foreign luxuries, and those who took a bullion-is-wealth view might rail against the loss of wealth for fripperies, but the underlying motivation for trade was perfectly obvious.

It was when countries could produce a similar range of goods, yet still traded within those goods, that further explanation was required. Hence David Ricardo coming up with the theory of comparative advantage.

Doing specifically

But comparative advantage does not explain the origins of (long distance) trade, however much it might help make sense of specialisation generally. Which it does rather nicely. For example, a lawyer may well be able to clean her office better than the hired cleaner (and can be presumed to be a much better lawyer than the cleaner), but it still makes sense to hire the cleaner than do the cleaning herself, given that she earns a lot more as a lawyer than as a cleaner and her labour-leisure trade-off is based on her earnings as a lawyer. Comparative advantage at work: gains from trade based on differing opportunity costs.

David Ricardo (1772-1823), retired stockbroker with thinking time.

David Ricardo (1772-1823), retired stockbroker with thinking time.

Much of the criticism of comparative advantage comes from the notion that nations are different–specialisation which makes sense within a nation has extra costs between nations. Hence the counter “what’s magical about national boundaries?” arguments. (If Australia should have tariffs, why not Victoria?, why not Melbourne? why not Balwyn?) Then we get into implicit (or occasionally explicit) arguments about countries as club goods and levels of coordination. With those who gain their income from scarce factors of production not liking the foreign competition and those who gain their income from plentiful factors of production wanting cheap access to (wider) foreign markets. (The world of the Stolper-Samuelson theorem and the Heckscher-Ohlin model as described in Ronald Rogowski’s famous Commerce and Coalitions [pdf] paper.) As we moved away from that world to one of economies of scale and intra-industry specialisation, it has been politically easier to get agreements on free trade.

Which gives me an opportunity to (again) strongly recommend reading (or even better watching; particularly for his comments on how to do social science research) Paul Krugman’s Nobel Memorial Prize speech, which is on precisely that world. The wider the possible production choices, the wider the ambit that explanatory trade theory has to have.

To put it another way, comparative advantage is a theory of specialisation. Its application to trade theory is to explain how there can be gains to specialisation between countries even when they are facing a similar range of production possibilities. The more we specialise, the more we have to rely on exchange: trade is always about specialisation, long distance trade just started with specialisation between people with different ranges of production possibilities. As technology expands, production possibilities expand–so specialisation possibilities expand, even though as production possibilities expand, the range of production possibilities converge–so our theories of specialisation (i.e. trade) have to expand also. (Hence the expansion of trade theory leading to expansion of geographical economics–the economics of specialisation by location–as per Krugman’s lecture.)

A stock shot which is the result of a huge amount of specialisation and exchange that we take utterly for granted.

A stock shot which is the result of a huge amount of specialisation and exchange that we take utterly for granted.

Krugman also has an essay on Ricardo’s Difficult Idea which has some excellent observations on other intellectuals not getting how economists think in models. It is, alas, not as good as it might be at explaining comparative advantage. Perhaps his audience is fellow economists; even so, sentences such as:

Finally, and most importantly, it is not obvious to non-economists that wages are endogenous.

are not a helpful way to talk about comparative advantage and trade. In a sense, particularly if your audience is other economists–they really need lay-friendly phrases.

It also gives me an opportunity to recommend witty contrarian Tyler Cowan on why Paul Krugman is the contemporary Milton Friedman (via). And it makes me think even more that Noah Smith’s post on Friedman as public intellectual is a not-so-hidden cautionary tale for his blogging mentor Paul Krugman.

Choosing to

Returning to where I came in, after my initial “that bugs me” reaction, Nick Rowe’s conception of gains from trade as being a result of comparative advantage had more power the more I thought about it. But I still want to start with motivation. People trade to harness gains from trade: it is the intended outcome. And trade has a much longer history than between people potentially able to produce similar goods.

Specialisation may start with comparative advantage of the “choosing between” sort, but long distance trade does not–it starts with “the only way you can” situations. Which is a matter of differences to be sure, but not a comparative advantage difference, in the original meaning of the term. Nor, for that matter, an economies of scale difference–the key factor was natural barriers to entry rather than other economies of production. Said barriers operated whether there were economies of scale, diseconomies of scale or whatever.

Gains from trade are about differences, but differences to which preferences are applied. The gains motivate trade and can do so even if comparative advantage does not (yet) operate or economies of scale are not (yet) determining factors.

Regulatory Vengeance

By skepticlawyer

power-control-levers-submarine-4174-600x3501[SL: I've brought this piece over from Thoughts on Liberty for two reasons: (1) a friend asked me to, and (2), it had its origins in a conversation with other Australian classical liberals in the wake of David Leyonhjelm winning a senate spot in New South Wales.

I wrote it because it seems to me, these days, that governments don't seek to seize the means of production anymore. Instead, they grasp at the means of regulation, trying to deprive their political opponents of economic and social wiggle-room. And ultimately, liberty is the loser.]

“Before you embark on a journey of revenge, first dig two graves.” This is the best bit of advice I’ve ever had: it came via my pupil-master, and differed from the “revenge is a dish best served cold” with which I was familiar as a wee girl.

He always coupled it with a resonant respect for “the favor bank.” That is, no matter how large the dispute, sometimes it pays to help your opponent: whether it’s drawing his attention to a costly pleading error, or disclosing relevant documents without being asked. You never know when the boot may be on the other foot.

I’ve had this in mind a great deal, lately, when I’ve wanted to argue that giving the state greater powers to do one’s moral bidding is dangerous. Yes, you may currently have your hands on the levers of power, as well as be in the position to manufacture more levers, but in a democracy, you will lose an election at some point. And then those opposed to you get their hands on (a) the levers you used against them, as well as on (b) all the new levers you’ve made.

Those levers are laws, by the way.

This, of course, is the great lesson of the Wars of Religion: as people with differing views took turns at the top, they used the state’s immense but clumsy power to destroy their opponents. It took a long time for us to learn to step away from the levers (UK and much of Western Europe) or put them beyond religion’s reach altogether (the US and France).

However, while we no longer kill our opponents, the desire to bend the state to one’s moral will still manifests as a willingness to regulate and control. And often, that desire is borne of vengeance, just as it was during the Wars of Religion: “well, see how you like it, then.”

I’ve come to call this phenomenon “vengeance regulation.”

Even worse, I’ve watched as groups with opposed moral visions use my profession to exact their regulatory revenge. Confronted by nuisance abortion regulations about doorway widths or clinic administration? No problem, lobby the legislature to tighten up charity regulations, whipping your religious opponents’ fundraising capacity out from under them. Sick of homophobic bigotry pouring out of the churches? Use anti-discrimination law to shut down their adoption agencies. Fed up with wealthy people able to hide behind corporate structures while engaging in commercial activity you don’t like? Use publicly available company registers to locate shareholders and then pay them paint-strewn, vandalizing “home visits.”

That last one invited a counter-regulation: it is now possible, in the UK, to get a non-disclosure ruling making some records at Companies House private. So much for the “publicity principle” when it comes to determining property ownership.

This simply has to stop. And it doesn’t matter what your actual moral views are, either: abortion is murder, meat is murder, gays are going to hell, whatever. The attempt to bury one’s moral opponents under a mountain of red tape in response to their regulatory excesses not only brings the law into disrepute (it becomes a roadblock instead of a facilitator), but it will be used against you sooner rather than later.

And that’s when you’ll need that second grave.

Yes, that means giving up on seeing some precious beliefs enacted into law. I get that. Think of it, however, in the same way as unilateral free trade: eventually, we all win when we set markets free, and we’ll also win when we let go of the impulse to try to pull the levers of power and tilt the playing field in our favor.

Ronald Coase (1910-2013)

By Lorenzo

I was intending to make this my Wednesday post for last week, but my iPad ate my draft in Pages (it will not open or email the document: any suggestions for getting to the document would be welcome). But delaying for a week allowed me to provide a more complete post.

 

Ronald Coase, the 1991 Nobel Memorial Laureate in Economics, passed away on 2 September at the age of 102.  He was working to the end, having recently published a co-authored book on China. A good one.

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I have loved Coase’s work ever since I first came across it. He won his Nobel Memorial for essentially two articles. One he wrote as an undergraduate in his 20s, the 1937 article The Nature of the Firm (pdf).  The other was published in 1960, The Problem of Social Cost (pdf), the most cited law article. Both pieces, plus his somewhat notorious The Lighthouse in Economics (pdf) and some other key articles and essays, were published in 1988 in his The Firm, the Market and the Law, available on Amazon in Kindle edition for $US15.12.

Buy or do?

Coase is best known for a concept he did not name–transaction costs–and a theorem he did not formulate–the Coase Theorem. The concept of transaction costs first appears in a 1931 article by economist John R. Commons. Coase, however, elaborated the concept and applied to a very practical problem–why do firms exist? Why is not the price mechanism always used? Why does everyone not operate as sole traders trading their services in the market place?

As he sets out in his Nobel Memorial Prize lecture, having completed the course requirements for his degree in Commerce from the LSE in two years, but graduation requiring three years attendance, he spent the third year traveling the US studying vertical and horizontal integration of firms. Thomas Hazlett describes nicely what young Coase did in the introduction to a 1997 interview with Coase:

Coase’s scientific methodology? He asked businessmen why they did what they did. One key question, for instance, involved why firms chose to produce some of their own inputs (vertical integration), and why they sometimes chose to use the market (buying from independent suppliers). He was fascinated by their answers, but even more by their astute calculation: Firm managers were keenly aware of all the relevant trade-offs.

Coase identified the costs of transacting as the key variable determining the answer and therefore the existence, and boundaries, of firms. Firms existed because it was cheaper to do some things within a firm than in a market place; that there were costs to using the price mechanism. One of those insights which is blindingly obvious once someone has pointed it out.

ronald-coase1

Ronald Coase

In doing so, he explicitly disagreed with economist Frank Knight‘s analysis that risk led to non-market transactions, establishing an on-going pattern where risk and transaction costs are the key factors used by economists to discuss institutional arrangements. For example, Deidre McCloskey and Stefano Fenoaltea‘s debate over the structure of medieval manors turns very much on the relative importance of transaction costs and risks. Similarly, a paper on (pdf) taxation policy in the Ottoman Empire looks at the balance of risk and transaction costs according to what level taxes were levied at. If risks were more constraining, it made sense to tax at a more territorially encompassing level, so risks could be pooled. If transaction costs were more constraining, it made sense to tax at a more local level, so local knowledge could be used.

Economist Yoram Barzel has offered an analysis of the boundary of the firm which puts risk back at the centre, the boundary being set by the range of transactions guaranteed by the equity capital. Though transaction costs are hardly irrelevant in that decision. Especially as risks can be transferred–to other transactions, to other agents, across time–while risks and transaction costs overlap.

Coase’s insight also make it easier to see how the IT revolution and the Internet has affected both the structure of firms and the variety of commercial and other arrangements.

While Coase’s insight on the boundary of the firm may be obvious in retrospect, the insight remained remarkably fallow in economics for decades. As Coase himself noted in his Nobel Memorial lecture, the concept needed to be “operationalised”, quoting 2009 Nobel Memorial Laureate Oliver Williamson. As was done by such scholars as Williamson himself, Steven Cheung and Harold Demsetz. But informing and inspiring the work of other scholars is what makes great insights intellectually productive.

Social costs going both ways

If the idea at the heart of The Nature of the Firm seems obvious in retrospect, there is nothing obvious in the massively counter-intuitive idea at the heart of Coase’s other seminal piece, The Problem of Social Cost, which is that, in a world with costless bargaining, it may make no difference to the net social outcome whether a producer has liability for the damage they cause or not. If they have liability, they can pay others for the damage caused to them. If they have no liability, they can be paid by others not to do the damage. Either way, the same level of production will be agreed to. As Coase himself put it in that 1997 interview:

The law of property determines who owns something, but the market determines how it will be used.

The operative term is in a world of costless bargaining. Coase’s intent was to draw attention to the role and importance of law in a world of positive transaction costs and to the reciprocal nature of the problem of damage (i.e. both the doing and the not doing cause costs to someone). But it is much easier to model a world with zero transaction costs. Economists became entranced by the world of what 1982 Nobel Memorial Laureate George Stigler termed the Coase Theorem–that, in a world of zero transaction costs, private and social costs were the same. It was a world without externalities (a term Coase did not approve of) because they could all be bargained away.

This fascination with an unreal zero transaction costs world of tractable models frustrated Coase. As he wrote in Notes on the Problem of Social Costs:

The world of zero transaction costs has often been described as a Coasian world. Nothing could be further from the truth (p.174).

But this unreal world was great for mathematical models. As Coase wrote at the end of Notes on the Problem of Social Costs:

In my youth it was said that what was too silly to be said may be sung. In modern economics it may be put into mathematics (p.185).

It was not that Coase was against the use of mathematics in economics. Far from it. He just wanted the maths to have a strong connection to the world we actually live in.

Which is a world where price mechanisms are not always used because it is a world of positive transaction costs. Hence not only firms but also laws and institutions. Coase’s insights became central to analysis of firms, to law–the entire field of law and economics flows from his insights–and economic history. The last is most obvious in the work of 1993 Nobel Memorial Laureate Douglass North with his analysis of institutions as ways of dealing (indeed minimising) transaction costs but it also lurks underneath 1993 Nobel Memorial Laureate Robert Fogel‘s work on the efficiency of slavery. Anyone who reads a significant amount of economic history becomes very aware of how basic transaction costs are to making sense of history because they are so important to making sense of law, rules and institutions. No wonder economic historians find Coase’s insights so useful.

(As an aside, the committee which picks Nobel Memorial Laureates does seem to like folk who extend the ambit of economics, the most imperial of the social sciences.)

Institutions can be analysed longitudinally (across time) but also laterally (across space). Coase’s insights are a fundamental building block of 2009 Nobel Memorial Laureate Elinor Ostrom‘s work on common property and the evolution of rules to manage them.

Coase himself pointed out that what became known as transaction costs had already been basic in economic analysis of the origins of money–particularly in the famous coincidence of wants problem. Search costs are a basic transaction cost and a reason to have money. More recent work on “money is memory” (pdf) and money as a response to limited enforcement is yet another form of transaction cost analysis.

Coase was very aware of the difference in how lawyers and how economists think while linking between the two mindsets. As he notes in The Problem of Social Cost, lawyers are concerned first with establishing who has the legal right to do what, and then working through the consequences. Economists look to what bargains can be made.

Coase pointed out that exchange was not merely about physical items, but about bundles of rights to bundles of attributes. Harold Demsetz’s famous beaver trade analysis (pdf) of the origins of property rights based on the cost and benefits of internalising externalities is very much based in such Coasian perspectives.

Coase’s insights made it easier to see that any exchange is first and foremost an exchange of ownership. Mere physical possession can be resolved in any particular instance by force; who is functionally stronger and sufficiently motivated? It is accepted rights to which create enduring bargains.

Spreading influence

It is an instructive exercise to go through the list of Nobel Memorial Laureates and see for how many of them their seminal work was based–explicitly or implicitly–on the insights of Ronald Coase. Insights conveyed clearly and lucidly without any more mathematics than simple algebra and arithmetic.  Indeed, his two seminal articles should be read by anyone interested in social analysis.

nobel_economics_medium

Ronald Coase was not, however, a public intellectual in the way of Keynes, Hayek, Friedman or Krugman. Though his work was instrumental in developing the key arguments for privatisation: indeed, the Problem of Social Cost was written as a result of a previous article on privatising the radio spectrum being challenged by Milton Friedman and other University of Chicago economists in a memorable night of argument.

Coase drew attention to the necessity of laws, rules and institutions, but also wanted economists to be a bit more sceptical about government intervention than they had been–as he pointed out governments are not immune to transaction costs. One of the reasons he disliked the concept of externalities (apart from obscuring the reciprocal nature of the issue of effects) is because he thought it encouraged intellectually lazy presumptions about government intervention. Particularly when economists did not stop to enquire how much of current private actions rested on government protections and exemptions.

Or whether other possibilities had arisen. Coase’s The Lighthouse in Economics points out that the historical record regarding lighthouses does not conform to “no private provision of lighthouses is feasible” presumption of prominent economists. Elinor Ostrom’s investigation of the wide range of possibilities between private ownership and government control in governing of common property is very much in the same spirit–yes, but what do people actually do, and why? There is a Coase Institute which seems to be motivated by the spirit of its namesake.

Coase may not have been a public intellectual in the way of more famous economists, but that apparently did not stop him attracting the ire of would-be policers of academic opinion. Both he and 1986 Nobel Memorial Laureate James Buchanan were apparently encouraged to leave (via) the University of Virginia because they were regarded as too “right wing”. Coase refers to the hostile sentiment in the aforementioned 1997 interview:

They thought the work we were doing was disreputable. They thought of us as right-wing extremists. My wife was at a cocktail party and heard me described as someone to the right of the John Birch Society. There was a great antagonism in the ’50s and ’60s to anyone who saw any advantage in a market system or in a nonregulated or relatively economically free system.

A particularly silly view of Coase, as British pragmatism seems to be the best description of his views: but insisting on evidence-based policy can get in the way of all sorts of glib presumptions. As Dr Barry Marshal, the 2005 Nobel Laureate in Medicine, was also encouraged to leave said university, the University of Virginia may have an inglorious record in the number of Nobel Laureates discouraged from working there. (Though comfortable conformity is, I suppose, a branding.)

The economic blogosphere has some fine posts on Coase, with more good things in comment sections. Scott Sumner has a nice short post, Lynne Kiesling has a post with lots of links. Peter Boettke has an nice discussion of Coase’s contributions.

Coase himself said of his work that:

I’ve never done anything that wasn’t obvious, and I didn’t know why other people didn’t do it. I’ve never thought the things I did were so extraordinary.

But is not pointing out the obvious-in-retrospect a mark of truly great intellectual contributions? To me, Coase is the most important economist of the C20th as his insights so expanded the ability of economics to usefully analyse social phenomena. If you think that claim of importance is too big a claim, I refer you back to the list of Nobel Memorial Prizes in Economics and how many of them had their seminal work based, at least in part, on Ronald Coase’s insights.

Which he originally came to by asking folk about how they reached particular decisions. Businessfolk often seem to be the only living group academics feel entitled to analyse without ever seriously (or even not seriously) talking to any about what they do and why or ever using any work or evidence from someone who had. Here’s a challenging thought: without Coase’s work, how many economists would be in that situation?

Non-Believer Nation

By DeusExMacintosh

Fox host says US athiests "don't have to live here"

Freedom of belief doesn’t appear to be important to Fox News host Dana Perino, who suggested that if atheists don’t like having “under God” in the Pledge of Allegiance, well, “they don’t have to live here.”

Massachusetts’ highest court is currently hearing a case against the Pledge brought by atheist parents, who feel that due to its religious wording, atheist children “are denied meaningful participation in this patriotic exercise.” The case specifically involves the phrase, “under God,” which was not actually a part of the original phrasing of the Pledge.

Regarding atheists, Perino said during a live segment, “I’m tired of them.” She continued, “I remember working at the Justice Department years ago when I first started right after 9/11 and a lawsuit like this came through, and before the day had finished, the United States Senate and the House of Representatives had both passed resolutions saying that they were for keeping ‘under God’ in the pledge.”

“If these people really don’t like it, they don’t have to live here,” she concluded.

Co-host Bob Beckel agreed, “Yeah, that’s a good point.”

- Huffington Post

H/T: The Skeptical Libertarian on Facebook…

Saturday chit-chat: ELECTION FREE!

By DeusExMacintosh

Men have grown 11cm since 1870

The average height of men has risen by almost 11cm since the mid-19th century, experts have found. Data was collected on hundreds of thousands of men from 15 European countries.

For British men, the average height at age 21 rose from 167.05cm (5ft 5in) in 1871-75 to 177.37cm (5ft 10in) in 1971-75.

A public health expert said height was a “useful barometer” but it was crucial to focus on improving health overall.

The paper, published in the journal Oxford Economic Papers, looked at data from sources including military records and modern population surveys from the 1870s to 1980 in 15 European countries.

It looked only at male height because there was too little historical data for women.

- BBC News

Feel free to chat about pretty much anything EXCEPT the “E” word.

Electoral Last Words

By DeusExMacintosh

Federal Election tomorrow

LABOR’S claim that an Abbott government would cut services to fund its promises is resonating in the electorate – but the Coalition is resisting huge pressure to crank up its own attack ads about Kevin Rudd.

Labor’s nightly track polling in marginal seats by party pollster UMR, provided to The Australian, shows that over the past fortnight, between 49 and 55 per cent of voters were “worried” about cuts that a Coalition government could make to jobs, health and education. Polling undertaken on Tuesday night showed 15 per cent of voters in marginal seats were “extremely worried” about cuts to services, 16 per cent were “very worried” and 24 per cent were “fairly worried”. Forty-one per cent were not concerned.

Senior Labor sources acknowledge that prosecuting this message of cuts to services by a Tony Abbott-led government is the party’s main hope to stem the loss of seats…

Labor’s polling comes as Liberal Party campaign strategists resist pressure to “go more negative” with advertising attacking Mr Rudd because they believe it could damage Mr Abbott’s positive standing.

Despite strong internal pressure for more attacks on the Prime Minister and “half of Australia” urging Liberal headquarters to “crank up” negative television advertising, campaign directors are determined to stay mostly positive and synchronise advertising with the political campaign.

Although prepared to include more negative advertising in the next week, the Liberals are sticking with a mix of about 65 per cent positive ads about their policies and the Opposition Leader and 35 per cent on Labor’s record and Mr Rudd.

Last week the Liberals virtually cut out television advertising to save money, while Labor advertised strongly, with ads attacking Mr Abbott and his paid parental leave scheme.

- The Australian

Upstanding Members

By DeusExMacintosh

UK parliament makes 300,000 attempts to view porn

More than 300,000 attempts were made to access pornographic websites at the Houses of Parliament in the past year, official records suggest. It is unclear whether MPs, peers or other staff are responsible, House of Commons officials said.

The figures were not all “purposeful requests” and may have been exaggerated by third-party software and websites that reload themselves, they added. About 5,000 people work on the parliamentary estate.

The data was released following a Freedom of Information request by Huffington Post UK, which published the story with the headline Oh Yes, Minister!

However, the figures vary wildly: in November, there were 114,844 attempts to access websites classed as pornographic, but just 15 in February…

Prime Minister David Cameron announced in July that most households in the UK would have pornography blocked by their internet provider unless they chose to receive it. Online pornography was “corroding childhood” and “distorting” children’s understanding of sex and relationships, he argued.

The UK’s biggest internet service providers have agreed to the filters scheme meaning it should cover 95% of homes.

- BBC News

Legal systems very different from our own

By Lorenzo

Economist David Friedman talking on legal systems very different from our own, the title of a course he teaches and of a forthcoming book (the draft of which is up on his website for comment).

He sets out how medieval Sharia worked, before the rise of the nation-state. Including observing that (in its dynamics):

Sharia is what English common law would be if you replaced judges with law professors.

The first layer of medieval Sharia was the Quran and the hadith. The second layer was legal schools; multiple generations of scholars trying to work out a consistent understanding of the rules to be derived from the Quran and hadith, coalescing in four mutually-orthodox schools (i.e. they disagree but do not regard each other as heretical). They tended to be dominant in particular regions, but large cities would have jurists from more than one school. There is evidence that people would choose a school which best suited what partnership arrangement they wished to enter into.

The third layer was the mufti, who was not a state official, appeared to rely on reputational status, and who answered legal questions put to him by ordinary folk. (As the state became more powerful, state-appointed mufti’s began to appear.) The fourth layer was the qadi, a state-appointed judge, who applied law to the facts–and may well have gone to the mufti to get a  ruling on what the law was. Friedman also cautions that:

Calling it law is really misleading, because this is a system that combines law and morality.

Still, as he points out, it was a relatively private and stateless system. As economist Timur Kuran points out in his superb The Long Divergence: How Islamic Law Held Back The Middle East, (which I review here, here and here) Sharia provided, for many centuries, the most commercially-friendly legal system available.

Apart from the admirably clear exposition of how Sharia worked–prior to creeping state-takeover of law–Friedman’s talk is full of engaging descriptions of legal systems. Notably that of the gypsies and that of the Amish (he seems to think the main difference between the two is that the Amish are much better at PR). The Amish have traditional family sizes (about 6 children a couple) but modern infant mortality and child-birth survival rates. So, despite losing about 10% or so of their adults via exit from the community, their numbers are doubling every 20 years or so.

The talk is peppered with striking examples of various legal provisions. Such as the Visigoths permitting torture, but only if the details of a murder had not been publicised–as the results of torture were not accepted as evidentiary unless the accused stated details only the murderer would have known. Or that in Imperial China it was a criminal offence for children to inform on their parents or for a magistrate to read an anonymous accusation–the point being that the Chinese system relied to a considerable extent on local, private enforcement of norms, so tried to reinforce, not undermine, family and village structures. As well, since there was effectively no state-enforced contract law, this led to contractual arrangements structured so as to not require state sanctions.

His description of the Athenian system as being as if it was “structured by a crazy economist” (with examples) is entertaining education. His most striking claim, however, is that the original legal system was feuding, a claim he discusses in a paper on patent trolls.

David Friedman–who, as he says, teaches economics in a legal faculty and has never taken a course for credit in either–is also the author of Law’s Order: What Economics Has To Do With Law And Why It Matters.

Homo sapiens are certainly varied in how they have structured law.  Makes you wonder what the common elements really are, apart from having law.

Car Park Class

By DeusExMacintosh

MOD wasted billions on jet contracts for new carriers

MPs have raised fresh concerns about the cost of fighter jets for the Royal Navy’s new aircraft carriers, warning of “uncontrolled growth” in budgets.

The Commons Public Accounts Committee said billions of pounds had already gone “down the drain” during the carrier strike procurement programme. An order for jump jets for the two new carriers was scrapped in 2010, only to be reversed eighteen months later.

Ministers said they were balancing cost control with state of art technology.

Defence secretary Philip Hammond said he welcomed the committee’s recognition the carrier contract signed by the last government in 2007 was not fit for purpose – and that the Ministry of Defence was negotiating with the industry to bring costs under control.

The cross-party committee – which assesses value for money in government spending – said it still regarded the prestige project as “a huge technical and commercial risk” and was not convinced that the MoD had it under control.

The project, expected to cost £3.65bn when it was approved six years ago, was now on course to rise to £5.5bn, it said in a new report.

Assembly work is continuing on one carrier – HMS Queen Elizabeth – but it will not be finished until 2016 at the earliest, and may not be ready for action until 2020.

- BBC News