Mises on Uber

Ludwig von Mises:

Every step on the road toward intensification of the division of labor hurts in the short run the personal interests of some people. The expansion of the more efficient plant hurts the interests of less efficient competitors whom it forces to go out of business. Technological innovation hurts the interests of workers who can no longer make a living by clinging to the discarded inferior methods. The vested short-run interests of small business and of inefficient workers are adversely affected by any improvement. This is not a new phenomenon. Neither is it a new phenomenon that those prejudiced by economic improvement ask for privileges that will protect them against the competition of the more efficient. The history of mankind is a long record of obstacles placed in the way of the more efficient for the benefit of the less efficient. [Theory and History: An Interpretation of Social and Economic Evolution, p. 236]

The other day my son asked: "Why would anyone not support Uber?" This observation by Mises seems like a very good answer.

PLUNDER

Frederic Bastiat:

It is absolutely necessary that this question of legal plunder should be determined, and there are only three solutions of it:

1. When the few plunder the many.

2. When everybody plunders everybody else.

3. When nobody plunders anybody.

Partial plunder, universal plunder, absence of plunder, amongst these we have to make our choice.  The law can only produce one of these results. [THE LAW, 61]

I believe this is correct.  Partial plunder seems to characterize most of history.  I say we should choose the third alternative, absence of plunder.  The United States Constitution was a good beginning for a system of political economy that might approximate the third alternative.  Alas, over time the Constitution has been lost [see Barnett, Restoring The Lost Constitution], and our system of political economy seems to have become an excellent illustration of universal plunder.  As you might guess, neither partial plunder nor universal plunder offer paths by which prosperity can be enjoyed by all.

Law, Liberty & This Odious Perversion

Frederic Bastiat:

In fact, if law were confined to causing all persons, all liberties, and all properties to be respected--if it were merely the organization of individual right and individual defense--if it were the obstacle, the check, the chastisement opposed to all oppression, to all plunder--is it likely that we should dispute much, as citizens, on the subject of the greater or less universality of suffrage?  Is it likely that it would compromises that greatest of advantages, the public peace?  Is it likely that the excluded classes would not quietly wait for their turn?  Is it likely that the enfranchised classes would be very jealous of their privilege?  And is it not clear, that the interest of all being one and the same, some would act without much inconvenience to the others?  But if the fatal principle should come to be introduced, that, under pretense of organization, regulation, protection, or encouragement, the law may take from one party in order to give to another, help itself to the wealth acquired by all the classes that it may increase that of one class, whether that of the agriculturists, the manufacturers, the ship owners, or artists and comedians; then certain, in this case, there is no class which may not try, and with reason, to place its hand upon the law, that would not demand with fury its rights of election and eligibility, and that would overturn society rather than not obtain it.  Even beggars and vagabonds will prove to you that they have an incontestable title to it. . . Yes, as long as it is admitted that the law may be diverted from its true mission, that it may violate property instead of securing it, everybody will be wanting to manufacture law, either to defend himself against plunder, or to organize it for his own profit. . . Is there any need to prove that this odious perversion of law is a perpetual source of hatred and discord, that it even tends to social disorganization. [The Law, 57-58]

Commerce Clause

Justice Thomas's opinion in the health care case:

I dissent for the reasons stated in our joint opinion, but I write separately to say a word about the Commerce Clause.  The joint dissent and THE CHIEF JUSTICE correctly apply our precedents to conclude that the Individual Mandate is beyond the power granted to Congress under the Commerce Clause and the Necessary and Proper Clause.  Under those precedents, Congress may regulate "economic activity [that] substantially affects interstate commerce."  I adhere to my view that "the very notion of a 'substantial effects' test under the Commerce Clause is inconsistent with the original understanding of Congress' powers and with this Court's early Commerce Clause cases."  As I have explained, the Court's continued use of that test "has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits."  The Government's unprecedented claim in this suit that it may regulate not only economic activity but also inactivity that substantially affects interstate commerce is a case in point.

Right on target!

Unlimited Democracy

Hayek:

The true value of democracy is to serve as a sanitary precaution protecting us against an abuse of power.  It enables us to get rid of a government and try to replace it by a better one.  Or, to put it differently, it is the only convention we have yet discovered to make peaceful change possible. . . . In its present unlimited form democracy has today largely lost the capacity of serving as a protection against arbitrary power.  It has ceased to be a safeguard of personal liberty, a restraint on the abuse of governmental power which it was hoped it would prove to be when it was naively believed that, when all power was made subject to democratic control, all the other restraints on government power could be dispensed with.  It has, on the contrary, become the main cause of a progressive and accelerating increase of the power and weight of the administrative machine. . . . As everything tends to become a political issue for which the interference of the coercive powers of government can be invoked, an ever larger part of human activity is diverted from productive into political efforts . . . . In other words, we have under the false name of democracy created a machinery in which not the majority decides, but each member of the majority has to consent to make bribes to get majority support for his own special demands. [The Political Order of a Free People, 137-138]

Political Incentives

Hayek:

People who hope to be re-elected on the basis of what their party during the preceding three or four years has conferred in conspicuous special benefits on their voters are not in the sort of position which will make them pass the kind of general laws which would really be most in the public interest. [The Political Order of a Free People, p. 28]