XXXVIII. The Distributive Justice of the Market

The public outcry against executive pay and compensation

followed disclosures of insider trading, double dealing,

and outright fraud. But even honest and productive

entrepreneurs often earn more money in one year than

Albert Einstein did in his entire life. This strikes many -

especially academics - as unfair. Surely Einstein's

contributions to human knowledge and welfare far exceed

anything ever accomplished by sundry businessmen?

Fortunately, this discrepancy is cause for constructive

jealousy, emulation, and imitation. It can, however, lead

to an orgy of destructive and self-ruinous envy.

Such envy is reinforced by declining social mobility in the

United States. Recent (2006-7) studies by the OECD

(Organization for Economic Cooperation and

Development) clearly demonstrate that the American

Dream is a myth. In an editorial dated July 13, 2007, the

New-York Times described the rapidly deteriorating

situation thus:

"... (M)obility between generations - people doing

better or worse than their parents - is weaker in

America than in Denmark, Austria, Norway, Finland,

Canada, Sweden, Germany, Spain and France. In

America, there is more than a 40 percent chance that if

a father is in the bottom fifth of the earnings'

distribution, his son will end up there, too. In Denmark,

the equivalent odds are under 25 percent, and they are

less than 30 percent in Britain.

America's sluggish mobility is ultimately unsurprising.

Wealthy parents not only pass on that wealth in

inheritances, they can pay for better education, nutrition

and health care for their children. The poor cannot

afford this investment in their children's development -

and the government doesn't provide nearly enough help.

In a speech earlier this year, the Federal Reserve

chairman, Ben Bernanke, argued that while the

inequality of rewards fuels the economy by making

people exert themselves, opportunity should be "as

widely distributed and as equal as possible." The

problem is that the have-nots don't have many

opportunities either".

Still, entrepreneurs recombine natural and human

resources in novel ways. They do so to respond to

forecasts of future needs, or to observations of failures

and shortcomings of current products or services.

Entrepreneurs are professional - though usually intuitive -

futurologists. This is a valuable service and it is financed

by systematic risk takers, such as venture capitalists.

Surely they all deserve compensation for their efforts and

the hazards they assume?

Exclusive ownership is the most ancient type of such

remuneration. First movers, entrepreneurs, risk takers,

owners of the wealth they generated, exploiters of

resources - are allowed to exclude others from owning or

exploiting the same things. Mineral concessions, patents,

copyright, trademarks - are all forms of monopoly

ownership. What moral right to exclude others is gained

from being the first?

Nozick advanced Locke's Proviso. An exclusive

ownership of property is just only if "enough and as good

is left in common for others". If it does not worsen other

people's lot, exclusivity is morally permissible. It can be

argued, though, that all modes of exclusive ownership

aggravate other people's situation. As far as everyone, bar

the entrepreneur, are concerned, exclusivity also prevents

a more advantageous distribution of income and wealth.

Exclusive ownership reflects real-life irreversibility. A

first mover has the advantage of excess information and of

irreversibly invested work, time, and effort. Economic

enterprise is subject to information asymmetry: we know

nothing about the future and everything about the past.

This asymmetry is known as "investment risk". Society

compensates the entrepreneur with one type of asymmetry

- exclusive ownership - for assuming another, the

investment risk.

One way of looking at it is that all others are worse off by

the amount of profits and rents accruing to owner-

entrepreneurs. Profits and rents reflect an intrinsic

inefficiency. Another is to recall that ownership is the

result of adding value to the world. It is only reasonable to

expect it to yield to the entrepreneur at least this value

added now and in the future.

In a "Theory of Justice" (published 1971, p. 302), John

Rawls described an ideal society thus:

"(1) Each person is to have an equal right to the most

extensive total system of equal basic liberties compatible

with a similar system of liberty for all. (2) Social and

economic inequalities are to be arranged so that they are

both: (a) to the greatest benefit of the least advantaged,

consistent with the just savings principle, and (b) attached

to offices and positions open to all under conditions of fair

equality of opportunity".

It all harks back to scarcity of resources - land, money,

raw materials, manpower, creative brains. Those who can

afford to do so, hoard resources to offset anxiety

regarding future uncertainty. Others wallow in paucity.

The distribution of means is thus skewed. "Distributive

justice" deals with the just allocation of scarce resources.

Yet, even the basic terminology is somewhat fuzzy. What

constitutes a resource? what is meant by allocation? Who

should allocate resources - Adam Smith's "invisible

hand", the government, the consumer, or business? Should

it reflect differences in power, in intelligence, in

knowledge, or in heredity? Should resource allocation be

subject to a principle of entitlement? Is it reasonable to

demand that it be just - or merely efficient? Are justice

and efficiency antonyms?

Justice is concerned with equal access to opportunities.

Equal access does not guarantee equal outcomes,

invariably determined by idiosyncrasies and differences

between people. Access leveraged by the application of

natural or acquired capacities - translates into accrued

wealth. Disparities in these capacities lead to

discrepancies in accrued wealth.

The doctrine of equal access is founded on the

equivalence of Men. That all men are created equal and

deserve the same respect and, therefore, equal treatment is

not self evident. European aristocracy well into this

century would have probably found this notion abhorrent.

Jose Ortega Y Gasset, writing in the 1930's, preached that

access to educational and economic opportunities should

be premised on one's lineage, up bringing, wealth, and

social responsibilities.

A succession of societies and cultures discriminated

against the ignorant, criminals, atheists, females,

homosexuals, members of ethnic, religious, or racial

groups, the old, the immigrant, and the poor. Communism

- ostensibly a strict egalitarian idea - foundered because it

failed to reconcile strict equality with economic and

psychological realities within an impatient timetable.

Philosophers tried to specify a "bundle" or "package" of

goods, services, and intangibles (like information, or

skills, or knowledge). Justice - though not necessarily

happiness - is when everyone possesses an identical

bundle. Happiness - though not necessarily justice - is

when each one of us possesses a "bundle" which reflects

his or her preferences, priorities, and predilections. None

of us will be too happy with a standardized bundle,

selected by a committee of philosophers - or bureaucrats,

as was the case under communism.

The market allows for the exchange of goods and services

between holders of identical bundles. If I seek books, but

detest oranges - I can swap them with someone in return

for his books. That way both of us are rendered better off

than under the strict egalitarian version.

Still, there is no guarantee that I will find my exact match

- a person who is interested in swapping his books for my

oranges. Illiquid, small, or imperfect markets thus inhibit

the scope of these exchanges. Additionally, exchange

participants have to agree on an index: how many books

for how many oranges? This is the price of oranges in

terms of books.

Money - the obvious "index" - does not solve this

problem, merely simplifies it and facilitates exchanges. It

does not eliminate the necessity to negotiate an "exchange

rate". It does not prevent market failures. In other words:

money is not an index. It is merely a medium of exchange

and a store of value. The index - as expressed in terms of

money - is the underlying agreement regarding the values

of resources in terms of other resources (i.e., their relative

values).

The market - and the price mechanism - increase

happiness and welfare by allowing people to alter the

composition of their bundles. The invisible hand is just

and benevolent. But money is imperfect. The

aforementioned Rawles demonstrated (1971), that we

need to combine money with other measures in order to

place a value on intangibles.

The prevailing market theories postulate that everyone has

the same resources at some initial point (the "starting

gate"). It is up to them to deploy these endowments and,

thus, to ravage or increase their wealth. While the initial

distribution is equal - the end distribution depends on how

wisely - or imprudently - the initial distribution was used.

Egalitarian thinkers proposed to equate everyone's income

in each time frame (e.g., annually). But identical incomes

do not automatically yield the same accrued wealth. The

latter depends on how the income is used - saved,

invested, or squandered. Relative disparities of wealth are

bound to emerge, regardless of the nature of income

distribution.

Some say that excess wealth should be confiscated and

redistributed. Progressive taxation and the welfare state

aim to secure this outcome. Redistributive mechanisms

reset the "wealth clock" periodically (at the end of every

month, or fiscal year). In many countries, the law dictates

which portion of one's income must be saved and, by

implication, how much can be consumed. This conflicts

with basic rights like the freedom to make economic

choices.

The legalized expropriation of income (i.e., taxes) is

morally dubious. Anti-tax movements have sprung all

over the world and their philosophy permeates the

ideology of political parties in many countries, not least

the USA. Taxes are punitive: they penalize enterprise,

success, entrepreneurship, foresight, and risk assumption.

Welfare, on the other hand, rewards dependence and

parasitism.

According to Rawles' Difference Principle, all tenets of

justice are either redistributive or retributive. This ignores

non-economic activities and human inherent variance.

Moreover, conflict and inequality are the engines of

growth and innovation - which mostly benefit the least

advantaged in the long run. Experience shows that

unmitigated equality results in atrophy, corruption and

stagnation. Thermodynamics teaches us that life and

motion are engendered by an irregular distribution of

energy. Entropy - an even distribution of energy - equals

death and stasis.

What about the disadvantaged and challenged - the

mentally retarded, the mentally insane, the paralyzed, the

chronically ill? For that matter, what about the less

talented, less skilled, less daring? Dworkin (1981)

proposed a compensation scheme. He suggested a model

of fair distribution in which every person is given the

same purchasing power and uses it to bid, in a fair

auction, for resources that best fit that person's life plan,

goals and preferences.

Having thus acquired these resources, we are then

permitted to use them as we see fit. Obviously, we end up

with disparate economic results. But we cannot complain -

we were given the same purchasing power and the

freedom to bid for a bundle of our choice.

Dworkin assumes that prior to the hypothetical auction,

people are unaware of their own natural endowments but

are willing and able to insure against being naturally

disadvantaged. Their payments create an insurance pool to

compensate the less fortunate for their misfortune.

This, of course, is highly unrealistic. We are usually very

much aware of natural endowments and liabilities - both

ours and others'. Therefore, the demand for such insurance

is not universal, nor uniform. Some of us badly need and

want it - others not at all. It is morally acceptable to let

willing buyers and sellers to trade in such coverage (e.g.,

by offering charity or alms) - but may be immoral to make

it compulsory.

Most of the modern welfare programs are involuntary

Dworkin schemes. Worse yet, they often measure

differences in natural endowments arbitrarily, compensate

for lack of acquired skills, and discriminate between types

of endowments in accordance with cultural biases and

fads.

Libertarians limit themselves to ensuring a level playing

field of just exchanges, where just actions always result in

just outcomes. Justice is not dependent on a particular

distribution pattern, whether as a starting point, or as an

outcome. Robert Nozick "Entitlement Theory" proposed

in 1974 is based on this approach.

That the market is wiser than any of its participants is a

pillar of the philosophy of capitalism. In its pure form, the

theory claims that markets yield patterns of merited

distribution - i.e., reward and punish justly. Capitalism

generate just deserts. Market failures - for instance, in the

provision of public goods - should be tackled by

governments. But a just distribution of income and wealth

does not constitute a market failure and, therefore, should

not be tampered with.

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