CHAPTER I

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DISTRIBUTIVE JUSTICE

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DISTRIBUTIVE JUSTICE

The Right and Wrong of Our Present Distribution of Wealth

by

JOHN A. RYAN, D.D.

Associate Professor of Political Science at

the Catholic University of America; Professor

of Economics at Trinity College; Author of

"A Living Wage," "Alleged Socialism of the

Church Fathers," Joint Author with Morris

Hillquit of "Socialism: Promise or Menace?"

New York

The Macmillan Company

1916

All rights reserved

Nihil Obstat.

_REMIGIUS LAFORT, S. T. D.,

Censor_.

Imprimatur.

_JOHN CARDINAL FARLEY,

Archbishop of New York_.

COPYRIGHT, 1916,

BY THE MACMILLAN COMPANY

Set up and electrotyped. Published November, 1916.

TO

ARCHBISHOP IRELAND

IN

ADMIRATION AND GRATITUDE

PREFACE

Five of the nine members of the late Federal Commission on Industrial

Relations united in the declaration that the first cause of industrial

unrest is, "unjust distribution of wealth and income." In all

probability this judgment is shared by the majority of the American

people. Regarding the precise nature and extent of the injustice,

however, there is no such preponderance of opinion. Even the makers of

ethical and economic treatises fail to give us anything like uniform

or definite pronouncements concerning the moral defects of the present

distribution. While the Socialists and the Single Taxers are

sufficiently positive in their statements, they form only a small

portion of the total population, and include only an insignificant

fraction of the recognised authorities on either ethics or economics.

The volume in hand represents an attempt to discuss systematically and

comprehensively the justice of the processes by which the product of

industry is distributed. Inasmuch as the product is actually

apportioned among landowners, capitalists, business men, and

labourers, the moral aspects of the distribution are studied with

reference to these four classes. While their rights and obligations

form the main subject of the book, the effort is also made to propose

reforms that would remove the principal defects of the present system

and bring about a larger measure of justice.

Many treatises have been written concerning the morality of one or

other element or section of the distributive process; for example,

wages, interest, monopoly, the land question; but, so far as the

author knows, no attempt has hitherto been made to discuss the moral

aspects of the entire process in all its parts. At least, no such task

has been undertaken by any one who believes that the existing economic

system is not inherently unjust. That the present essay in this field

falls far short of adequate achievement the author fully realises, but

he is sustained by the hope that it will provoke discussion, and move

some more competent person to till the same field in a more thorough

and fruitful way.

JOHN A. RYAN.

The Catholic University of America,

Washington, D. C., June 14, 1916.

CONTENTS

PREFACE vii

INTRODUCTORY CHAPTER: THE ELEMENTS AND SCOPE OF THE PROBLEM xiii

General References xvii

SECTION I

THE MORALITY OF PRIVATE LANDOWNERSHIP AND RENT

CHAPTER PAGE

I THE LANDOWNER'S SHARE OF THE NATIONAL PRODUCT 3

Economic Rent Always Goes to the Landowner 4

Economic Rent and Commercial Rent 5

The Cause of Economic Rent 6

II LANDOWNERSHIP IN HISTORY 8

No Private Ownership in Pre-Agricultural Conditions 10

How the Change Probably Took Place 12

Limited Character of Primitive Common Ownership 14

Private Ownership General in Historical Times 15

Conclusions from History 17

III THE ARGUMENTS AGAINST PRIVATE LANDOWNERSHIP 19

Arguments by Socialists 19

Henry George's Attack on the Title of First Occupancy 21

His Defence of the Title of Labour 24

The Right of all Men to the Bounty of the Earth 30

The Alleged Right of the Community to Land Values 39

IV PRIVATE OWNERSHIP THE BEST SYSTEM OF LAND TENURE 48

The Socialist Proposals Impracticable 48

Inferiority of the Single Tax System 51

V PRIVATE LANDOWNERSHIP A NATURAL RIGHT 56

Three Principal Kinds of Natural Rights 57

Private Landownership Indirectly Necessary for

Individual Welfare 59

Excessive Interpretations of the Right of Private

Landownership 61

The Doctrine of the Fathers and the Theologians 62

The Teaching of Pope Leo XIII 64

VI LIMITATIONS OF THE LANDOWNER'S RIGHT TO RENT 67

The Tenant's Right to a Decent Livelihood 69

The Labourer's Claim Upon the Rent 71

VII DEFECTS OF THE EXISTING LAND SYSTEM 74

Landownership and Monopoly 75

Excessive Gains from Private Landownership 80

Exclusion from the Land 90

VIII METHODS OF REFORMING OUR LAND SYSTEM 94

The Leasing System 95

Public Agricultural Lands 97

Public Ownership of Urban Land 98

Appropriating Future Increases of Land Value 100

Some Objections to the Increment Tax 102

The Morality of the Proposal 108

The German and British Increment Taxes 114

Transferring Other Taxes to Land 117

The Morality of the Plan 120

Amount of Taxes Practically Transferable 122

The Social Benefits of the Plan 127

A Supertax on Large Holdings 130

References on Section I 133

SECTION II

THE MORALITY OF PRIVATE CAPITAL AND INTEREST

IX THE NATURE AND THE RATE OF INTEREST 137

Meaning of Capital and Capitalist 137

Meaning of Interest 138

The Rate of Interest 141

X THE ALLEGED RIGHT OF LABOUR TO THE ENTIRE PRODUCT

OF INDUSTRY 145

The Labour Theory of Value 146

The Right of Productivity 149

XI THE SOCIALIST SCHEME OF INDUSTRY 152

Socialist Inconsistency 152

Expropriating the Capitalists 154

Inefficient Industrial Leadership 158

Inefficient Labour 162

Attempted Replies to Objections 162

Restricting Individual Liberty 168

XII ALLEGED INTRINSIC JUSTIFICATIONS OF INTEREST 171

Attitude of the Church Toward Interest on Loans 172

Interest on Productive Capital 175

The Claims of Productivity 177

The Claims of Service 181

The Claims of Abstinence 182

XIII SOCIAL AND PRESUMPTIVE JUSTIFICATIONS OF INTEREST 187

Limitations of the Sacrifice Principle 187

The Value of Capital in a No-Interest Régime 188

Whether the Present Rate of Interest is Necessary 191

Whether at Least two Per Cent. is Necessary 193

Whether any Interest is Necessary 196

The State is Justified in Permitting Interest 199

Civil Authorisation not Sufficient for Individual

Justification 201

How the Interest-Taker is Justified 204

XIV CO-OPERATION A PARTIAL SOLVENT OF CAPITALISM 210

Reducing the Rate of Interest 211

Need for a Wider Distribution of Capital 213

The Essence of Co-operative Enterprise 214

Co-operative Credit Societies 216

Co-operative Agricultural Societies 217

Co-operative Mercantile Societies 220

Co-operation in Production 222

Advantages and Prospects of Co-operation 228

References on Section II 233

SECTION III

THE MORAL ASPECT OF PROFITS

XV THE NATURE OF PROFITS 237

The Functions and Rewards of the Business Man 237

The Amount of Profits 239

Profits in a Joint-Stock Company 241

XVI THE PRINCIPAL CANONS OF DISTRIBUTIVE JUSTICE 243

The Canon of Equality 243

The Canon of Needs 244

The Canon of Efforts and Sacrifice 246

The Canon of Productivity 247

The Canon of Scarcity 250

The Canon of Human Welfare 252

XVII JUST PROFITS IN CONDITIONS OF COMPETITION 254

The Question of Indefinitely Large Profits 255

The Question of Minimum Profits 258

The Question of Superfluous Business Men 260

XVIII THE MORAL ASPECT OF MONOPOLY 262

Surplus and Excessive Profits 263

The Question of Monopolistic Efficiency 265

Discriminative Underselling 267

Exclusive-Sales Contracts 270

Discriminative Transportation Arrangements 272

Natural Monopolies 273

Methods of Preventing Monopolistic Injustice 275

Legalised Price Agreements 277

XIX THE MORAL ASPECTS OF STOCKWATERING 279

Injurious Effects of Stockwatering 281

The Moral Wrong 284

The "Innocent" Investor 286

Magnitude of Overcapitalisation 288

XX THE LEGAL LIMITATION OF FORTUNES 291

The Method of Direct Limitation 292

Limitation Through Progressive Taxation 296

The Proper Rate of Income and Inheritance Taxes 299

Effectiveness of Such Taxation 300

XXI THE DUTY OF DISTRIBUTING SUPERFLUOUS WEALTH 303

The Question of Distributing Some 303

The Question of Distributing All 308

Some Objections 311

A False Conception of Welfare and Superfluous Goods 314

The True Conception of Welfare 316

References on Section III 318

SECTION IV

THE MORAL ASPECTS OF WAGES

XXII SOME UNACCEPTABLE THEORIES OF WAGE-JUSTICE 323

I The Prevailing-Rate Theory 323

Not in Harmony with Justice 325

II Exchange-Equivalence Theories 326

The Rule of Equal Gains 326

The Rule of Free Contract 328

The Rule of Market Value 330

The Mediæval Theory 332

A Modern Variation of the Mediæval Theory 337

III Productivity Theories 340

Labour's Right to the Whole Product 341

Clark's Theory of Specific Productivity 347

Carver's Modified Version of Productivity 351

XXIII THE MINIMUM OF JUSTICE; A LIVING WAGE 356

The Principle of Needs 356

Three Fundamental Principles 358

The Right to a Decent Livelihood 360

The Claim to a Decent Livelihood from a Present

Occupation 362

The Labourer's Right to a Living Wage 363

When the Employer is Unable to Pay a Living Wage 366

An Objection and Some Difficulties 370

The Family Living Wage 373

Other Arguments in Favour of a Living Wage 376

The Money Measure of a Living Wage 378

XXIV THE PROBLEM OF COMPLETE WAGE JUSTICE 381

Comparative Claims of Different Labour Groups 381

Wages Versus Profits 388

Wages Versus Interest 390

Wages Versus Prices 393

Concluding Remarks 398

XXV METHODS OF INCREASING WAGES 400

The Minimum Wage in Operation 400

The Question of Constitutionality 405

The Ethical and Political Aspects 407

The Economic Aspect 408

Opinions of Economists 412

Other Legislative Proposals 416

Labour Unions 417

Organisation Versus Legislation 420

Participation in Capital Ownership 423

References on Section IV 425

XXVI SUMMARY AND CONCLUSION 426

The Landowner and Rent 426

The Capitalist and Interest 427

The Business Man and Profits 428

The Labourer and Wages 430

Concluding Observations 431

INDEX 453

INTRODUCTORY CHAPTER

THE ELEMENTS AND SCOPE OF THE PROBLEM

Distributive justice is primarily a problem of incomes rather than of

possessions. It is not immediately concerned with John Brown's railway

stock, John White's house, or John Smith's automobile. It deals with

the morality of such possessions only indirectly and under one aspect;

that is, in so far as they have been acquired through income.

Moreover, it deals only with those incomes that are derived from

participation in the process of production. For example; it considers

the labourer's wages, but not the subsidies that he may receive

through charity or friendship. Its province is not the distribution of

all the goods of the country among all the people of the country, but

only the distribution of the products of industry among the classes

that have taken part in the making of these products.

These classes are four, designated as landowners, capitalists,

undertakers or business men, and labourers or wage earners. The

individual member of each class is an _agent_ of production, while the

instrument or energy that he owns and contributes is a _factor_ of

production. Thus, the landowner is an agent of production because he

contributes to the productive process the factor known as land, and

the capitalist is an agent of production because he contributes the

factor known as capital; while the business man and the labourer are

agents not only in the sense that they contribute factors to the

process, but in the very special sense that their contributions

involve the continuous expenditure of human energy. Now the product of

industry is distributed among these four classes precisely because

they are agents of production; that is because they own and put at the

disposal of industry the indispensable factors of production. We say

that the agents of production "put the factors of production at the

disposal of industry," rather than "exercise or operate the factors,"

because neither the landowner nor the capitalist, as such, expend

continuous energy in the productive process. All that is necessary to

enforce a claim upon the product is to contribute an instrument or

factor without which production cannot be carried on.

The product distributed in any country during a single year is

variously described by economists as the national product, the

national income, the national dividend. It consists not merely of

material goods, such as houses, food, clothing, and automobiles, but

also of those non-material goods known as services. Such are the tasks

performed by the domestic servant, the barber, the chauffeur, the

public official, the physician, the teacher; or any other personal

service "that is valued, as material commodities are valued, according

to their selling prices." Even the services of the clergyman are

included in the national income or product, since they are paid for

and form a part of the annual supply of good things produced and

distributed within the country. In the language of the economist,

anything that satisfies a human want is a utility, and forms part of

the national wealth; hence there can be no sufficient reason for

excluding from the national income goods which minister to spiritual

or intellectual wants. The services of the clergyman, the actor, the

author, the painter, and the physician are quite as much a part of the

utilities of life as the services of the cook, the chambermaid, or the

barber; and all are as clearly utilities as bread, hats, houses, or

any other material thing. In a general way, therefore, we say that the

national product which is available for distribution among the

different productive classes comprises all the utilities, material

and non-material, that are produced through human agents and satisfy

human desires.

In the great majority of instances the product is not distributed in

kind. The wheat produced on a given farm is not directly apportioned

among the farmers, labourers, and landowners that have co-operated in

its production; nor are the shoes turned out by a given factory

divided among the co-operating labourers and capitalists; and it is

obvious that personal services cannot be returned to the persons that

have rendered them. Cases of partial direct distribution do, indeed,

occur; as when the tenant takes two-thirds and the landowner one-third

of the crop raised by the former on land belonging to the latter; or

when the miller receives his compensation in a part of the flour that

he grinds. To-day, however, such instances are relatively

insignificant. By far the greater part of the material product is sold

by the undertaker or business man, and the price is then divided

between himself and the other agents of production. All personal

services are sold, and the price is obtained by the performers

thereof. The farmer sells his wheat, the miller his flour, and the

barber his services. With the money received for his part in

production each productive agent obtains possession of such kinds and

amounts of the national product as his desires dictate and his income

will procure. Hence the distribution of the product is effected

through the conversion of producers' claims into money, and the

exchange of the latter for specific quantities and qualities of the

product.

While the national product as a whole is divided among the four

productive classes, not every portion of it is distributed among

actually distinct representatives of these classes. When more than one

factor of production is owned by the same person, the product will

obviously not go to four different classes of persons. For example;

the crop raised by a man on his own unmortgaged land, with his own

instruments, and without any hired assistance; and the products of the

small shopkeeper, tailor, and barber who are similarly self sufficient

and independent,--are in each case obtained by one person, and do not

undergo any actual distribution. Even in these instances, however,

there occurs what may be called _virtual_ distribution, inasmuch as

the single agent owns more than one factor, and performs more than one

productive function. And the problem of distributive justice in such

cases is to determine whether all these productive functions are

properly rewarded through the total amount which the individual has

received. Where the factors are owned by distinct persons, or groups

of persons, the problem is to determine whether each group is properly

remunerated for the single function that it has performed.

The problem of the morality of industrial incomes is obviously

complex. For example; the income of the farmer is sometimes derived

from a product which he must divide with a landowner and with

labourers; sometimes from a product which he shares with labourers

only; and sometimes from a product which he can retain wholly for

himself. The labourer's income arises sometimes out of a product which

he divides with other agents of production; sometimes out of a product

which he divides with other labourers as well as other agents; and

sometimes out of a product of which he receives the full money

equivalent. The complexity of the forces determining distribution and

income indicate a complexity in the forces affecting the morality of

income. Moreover, there is the more fundamental ethical question

concerning the titles of distribution: whether mere ownership of a

factor of production gives a just claim upon the product, as in the

case of the landowner and the capitalist; whether such a claim,

assuming it to be valid, is as good as that of the labourer and the

business man, who expend human energy in the productive process;

whether different kinds of productive activity should be rewarded at

different rates; and if so in what proportion. Why should the

capitalist receive six per cent., rather than two per cent., or

sixteen per cent.? Why should the locomotive engineer receive more

than the trackman? Why should not all persons be compensated equally?

Should all or any of the benefits of industrial improvements go to the

consumer? Such are typical questions in the study of distributive

justice. They are sufficient to give some idea of the magnitude and

difficulty of the problem.

Scarcely less formidable is the task of suggesting means to correct

the injustices of the present distribution. The difficulties in this

part of the field are indicated by the multiplicity of social remedies

that have been proposed, and by the fact that none of them has

succeeded in winning the adhesion of more than a minority of the

population. We shall be obliged not only to pass moral judgment upon

the most important of these proposals, but to indicate and advocate a

more or less complete and systematic group of such reforms as seem to

be at once feasible and righteous.

GENERAL REFERENCES

TAUSSIG: Principles of Economics. Macmillan; 1911.

DEVAS: Political Economy. Longmans; 1901.

HOBSON: The Industrial System. Longmans; 1909.

CLARK: The Distribution of Wealth. Macmillan; 1899.

SMART: The Distribution of Income. London; 1899.

WILLOUGHBY: Social Justice. Macmillan; 1900.

CARVER: Essays in Social Justice. Harvard University Press;

1915.

ELY: Property and Contract in Their Relations to the

Distribution of Wealth. Macmillan; 1914.

NEARING: Income. Macmillan; 1915.

STREIGHTOFF: The Distribution of Incomes in the United

States. Longmans; 1912.

WAGNER: Grundlegung der Nationaloekonomie. Leipzig;

1892-1894.

PESCH: Lehrbuch der Nationaloekonomie. Freiburg; 1905-1913.

ANTOINE: Cours d'Économie Sociale. Paris; 1899.

HITZE: Capital et Travail. Louvain; 1898.

HOLLANDER: The Abolition of Poverty. Houghton Mifflin

Company; 1914.

ELLWOOD: The Social Problem. Macmillan; 1915.

GARRIGUET: The Social Value of the Gospel. Herder; 1911.

PARKINSON: A Primer of Social Science. Devin-Adair Co.; 1913.

VERMEERSCH: Quaestiones de Justitia. Bruges; 1901.

KING: The Wealth and Income of the People of the United

States. Macmillan; 1915.

COMMISSION ON INDUSTRIAL RELATIONS. Final Report; 1915.

SECTION I

THE MORALITY OF PRIVATE LANDOWNERSHIP AND RENT DISTRIBUTIVE JUSTICE

CHAPTER I

THE LANDOWNER'S SHARE OF THE NATIONAL PRODUCT

That part of the national product which represents land, and is

attributed specifically to land, goes to the landowner. It is called

economic rent, or simply rent. We say that rent "is attributed

specifically to land," rather than "is produced specifically by land,"

because we do not know what proportion of the joint product of the

different factors of production exactly reflects the productive

contribution of any factor. Economic rent represents the productivity

of land in so far as it indicates what men are willing to pay for

land-use in the productive process. In any particular case rent comes

into existence because the land makes a commercially valuable

contribution to the product; and it goes to the landowner because this

is one of the powers or rights included in the institution of private

ownership. And the landowner's share is received by him precisely in

his capacity as landowner, and not because he may happen to be

labourer, farmer, or proprietor of agricultural capital.

It is perhaps superfluous to observe that not all land produces rent.

While almost all land is useful and productive, at least potentially,

there is in almost every locality some land which in present

conditions does not warrant men in paying a price for its use. If the

crop raised on very sandy soil is so small as to cover merely the

outlay for labour and capital, men will not pay rent for the use of

that soil. Yet the land has contributed something to the product.

Herein we have another indication that rent is not an adequate measure

of land productivity. It merely represents land value,--at a given

time, in given circumstances.

_Economic Rent Always Goes to the Landowner_

All land that is in use, and for the use of which men are willing to

pay a price yields rent, whether it is used by a tenant or by the

owner. In the latter case the owner may not call the rent that he

receives by that name; he may not distinguish between it and the other

portions of the product that he gets from the land; he may call the

entire product profits, or wages. Nevertheless the rent exists as a

surplus over that part of the product that he can regard as the proper

return for his labour, and for the use of his capital-instruments,

such as, horses, buildings, and machinery. If a farmer employs the

same amount and kind of labour and capital in the cultivation of two

pieces of land, one of which he owns, the other being hired from some

one else; if his net product is the same in both cases, say, 1,000

dollars; and if he must pay 200 dollars to the owner of the hired

land,--then, 200 of the 1,000 dollars that he receives from his own

land, is likewise to be attributed specifically to his land rather

than to his capital or labour. It is rent. While the whole product is

due in some degree to the productive power of land, 200 dollars of it

represents land value in the process of production, and goes to him

solely in his capacity as landowner. The rent that arises on land used

for building sites is of the same general character, and goes likewise

to the owner of the land. The owner of the site upon which a factory

is located may hire it to another for a certain sum annually, or he

may operate the factory himself. In either case he receives rent, the

amount that the land itself is worth for use, independently of the

return that he obtains for his expenditure of capital and labour. Even

when a person uses his land as a site for a dwelling which he himself

occupies, the land still brings him economic rent, since it affords

him something for which he would be obliged to pay if his house were

located on land of the same kind owned by some one else.

_Economic Rent and Commercial Rent_

It will be observed that the landowner's share of the product, or

economic rent, is not identical with commercial rent. The latter is a

payment for land and capital, or land and improvements, combined. When

a man pays nine hundred dollars for the use of a house and lot for a

year, this sum contains two elements, economic rent for the lot, and

interest on the money invested in the house. Assuming that the house

is worth ten thousand dollars, and that the usual return on such

investments is eight per cent., we see that eight hundred dollars goes

to the owner as interest on his capital, and only one hundred dollars

as rent for his land. Similarly the price paid by a tenant for the use

of an improved farm is partly interest on the value of the

improvements, and partly economic rent. In both cases the owner may

reckon the land as so much capital value, and the economic rent as

interest thereon, just as the commercial rent for the buildings and

other improvements is interest on their capital value; but the

economist distinguishes between them because he knows that they are

determined by different forces, and that the distinction is of

importance. He knows, for example, that the supply of land is fixed,

while the supply of capital is capable of indefinite increase. In many

situations, therefore, rent increases, but interest remains stationary

or declines. Sometimes, though more rarely, the reverse occurs. As we

shall see later, this and some other specific characteristics of land

and rent have important moral aspects; consequently the moralist

cannot afford to confuse rent with interest.

_The Cause of Economic Rent_

The cause of economic rent is the fact that land is limited relatively

to the demand for it. If land were as plentiful as air mere ownership

of some portion of it would not enable the owner to collect rent. As

landowner he would receive no income. If he cultivated his land

himself the return therefrom would not exceed normal compensation for

his labour, and normal interest on his capital. Since no one would be

compelled to pay for the use of land, competition among the different

cultivators would keep the price of their product so low that it would

merely reimburse them for their expenditures of capital and labour. In

similar conditions no rent would arise on building sites. The cause of

the _amount_ of rent may also be stated in terms of scarcity. At any

given time and place, the rent of a piece of land will be determined

by the supply of that kind of land relatively to the demand for it.

However, the demand itself will be regulated by the fertility or by

the location of the land in question. Two pieces of agricultural land

equally distant from a city, but of varying fertility, will yield

different rents because of this difference in natural productiveness.

Two pieces of ground of equal natural adaptability for building sites,

but at unequal distances from the centre of a city, will produce

different rents on account of their difference of location. The

absolute scarcity of land is, of course, fixed by nature; its relative

scarcity is the result of human activities and desires.

The definition of rent adopted in these pages, "what men are willing

to pay for the use of land," or, "what land is worth for use," is

simpler and more concrete, though possibly less scientific, than those

ordinarily found in manuals of economics, namely: "that portion of

the product that remains after all the usual expenditures for labour,

capital, and directive ability have been deducted;" or, "the surplus

which any piece of land yields over the poorest land devoted to the

same use, when the return from the latter is only sufficient to cover

the usual expenses of production."

The statement that all rent goes to the landowner supposes that, in

the case of hired land, the tenant pays the full amount that would

result from competitive bidding. Evidently this was not the case under

the feudal system, when rents were fixed by custom and remained

stationary for centuries. Even to-day, competition is not perfect, and

men often obtain the use of land for less than they or others might

have been willing to give. But the statement in question does describe

what tends to happen in a system of competitive rents.

Before discussing the morality of the landowner's income, and of rent

receiving, we may with profit glance at the history of land tenure.

Thus we shall get some idea, first, of the antiquity of the present

system, and, second, of its effects upon individual and social

welfare. Both these considerations have an important bearing upon the

moral problem; for length of existence creates a presumption in favour

of the social, and therefore the moral, value of any institution; and

past experience is our chief means of determining whether an

institution is likely to be socially beneficial, and therefore morally

right, in the future.

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