Alternate title: Dierdre McCloskey’s list of 108 fictional market failures
Are “market failures” real? Or are they make-believe entities (like the aether in physics) invented by economists to justify their preferred public policies and all manner of nefarious and ultimately counter-productive regulations?
As it happens, I recently discovered this long and rambling but devastating takedown of economics authored by the legendary Dierdre N. McCloskey (ungated version here). Among other things, Professor McCloskey not only rattles off a comprehensive and chronological list of 108 alleged market failures that economists have identified or invented in order to justify public regulation of economic activity, beginning with Thomas Malthus’s now-debunked population theory and concluding with Thomas Piketty’s jury-rigged world inequality database; she also shows how these putative or fictional market failures are essentially the equivalent of intellectual moral panics among the economists who peddle them.
For my part, while I agree with the spirit, if not the letter, of McCloskey’s scathing critique of contemporary economics, I have but one quibble with her list of imaginary market failures: “the failure to define property rights …” (See Item #53 on page 12 of the ungated version.) Properly speaking, from my law professor perspective, the failure to define property rights is what I like to call a “legal failure” — a shortcoming of the legal system that makes it much harder for people to truck, barter, and trade. I first presented my theory of legal failure in my contribution to the 2014 book Economics of the Undead (see here), and more recently, I applied my theory to outer space (here).
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I am familiar with Market failure and Government failure (public choice literature). How does Legal failure distinguish itself from Government failure?
Excellent question! While government failure can include such things as regulator capture, imperfect information, and unintended consequences, my concept of legal failure refers to two types of laws: 1) laws that ban trade (e.g. laws against the sale of human organs) and 2) laws that impede trade by failing to establish well-defined property rights (e.g. fisheries and other natural resources)
Thanks for the clarification.