October 6th, 2009, 1:43 pm
knightrider,To paraphrase your previous postings, you seem to believe that some (minimal) system of property rights and contract law is a "best" system. That may be true - though it is not an issue we are likely to settle here.The issue I have is that you seem also to believe that your position is, at least partly, justified by your thinking that it is somehow "natural" or that it doesn't compare utilities. This is not true.In the state of nature (call it what you will), there are no property rights and no contract law. It comes down to how nifty you are with your opposable thumbs and your flint axe. There is nothing natural, minimal or inevitable about property rights whatsoever. For what it's worth, most early human societies had either some form of collective ownership or - rather ironically, I guess - full "ownership" by a full-blown Nozickian utility monster a.k.a. king/emperor/chief/etc.To decide that your social contract should include exclusive property rights in the classical form that makes everything nice for Mr Coase, you are implicitly saying that you value the utility of the people who already have de facto control of the assets above those who do not: you are constructing a social welfare function whether you like it or not. For example, when you endorse a legal process that encloses common land and expropriates peasants of their right to farm/graze parts of it you are, absolutely, comparing the peasants utility against that of the landowner. You may justify it by saying that common land is inefficient and that you are eliminating dead-weight loss. That may well be true, but you are redistributing wealth and to judge that your outcome is "best" or "superior" in any sense means that you must explain why it is better that you are making the peasant unhappy and the landowner happy - you have to compare their utilities. The same is true, of course, in reverse: if I collectivize farms in 1920s Russia, I am comparing utilities, too (and killing rather a lot of people, but that's another story).Just because something is done implicitly doesn't mean it is not happening.