We need to create a State to constrain individuals from interfering against one another...but we also need to constrain the State
Constitutional rules define the domain of allowed collective decisions and the rules or procedures for doing so
Their practical function is to protect minorities from the majority
Political rules allow us to make one collective choice for all, even though many will disagree with the outcome
We must agree at a constitutional level so that we can disagree on political outcomes
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
1962, The Calculus of Consent
Buchanan:
Tullock:
Brings economic tools to political science: politics as exchange
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“Political theorists seem rarely to have used this essentially economic approach to collective activity. Their analyses of collective-choice processes have more often been grounded on the implicit assumption that the representative individual seeks not to maximize his own utility, but to find the "public interest" or "common good,” (p. 19)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
In reality, 1st-best policies distorted by:
Real world: 2nd-to-nth-best outcomes
Harold Demsetz
1930-2019
“The view that now pervades much public policy economics implicitly presents the relevant choice as between an ideal norm and an existing 'imperfect' institutional arrangement. This nirvana approach differs considerably from a comparative institution approach in which the relevant choice is between alternative real institutional arrangements,” (p.1).
Demsetz, Harold, 1969, "Information and Efficiency: Another Viewpoint," Journal of Law and Economics 12(1): 1-22
Compare imperfections of feasible and relevant alternative systems
Economics: think on the margin!
David Hume
1711-1776
“Political writers have established it as a maxim, that, in contriving any system of government, and fixing the several checks and controuls of the constitution, every man ought to be supposed a knave, and to have no other end, in all his actions, than private interest. By this interest we must govern him, and, by means of it, make him, notwithstanding his insatiable avarice and ambition, co-operate to public good. Without this, say they, we shall in vain boast of the advantages of any constitution, and shall find, in the end, that we have no security for our liberties or possessions, except the good-will of our rulers; that is, we shall have no security at all,” (“Of the Independency of Parliament”)
Hume, David, 1742, Essays: Moral, Political, and Literary
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“Throughout the ages the profit-seeker, the utility-maximizer, has found few friends among the moral and the political philosophers...In the political sphere the pursuit of private gain by the individual participant has been almost universally condemned as 'evil' by moral philosophers of many shades. No one seems to have explored carefully the implicit assumption that the individual must somehow shift his psychological and moral gears when he moves between the private and the social aspects of life,” (p. 19)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“We are, therefore, placed in the somewhat singular position of having to defend the simple assumption that the same individual participates in both processes [the market and politics] against the almost certain onslaught of the moralists,” (p. 19)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“The economic approach, which assumes man to be a utility-maximizer in both his market and his political activity, does not require that one individual increase his own utility at the expense of other individuals. This approach incorporates political activity as a particular form of exchange; and, as in the market relation, mutual gains to all parties are ideally expected to result from collective action,” (p. 23)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“The power-maximizing approach, by contrast, must interpret collective choice-making as a zero-sum game...When one man gains, the other must lose; mutual gains from "trade" are not possible in this conceptual framework,” (p. 23-24)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
Constitutional level choice among alternative sets of rules
Political level choice within a specific set of rules
Each level affects the other
Constitutional rules constrain political decisions
Current political situation (preferences, interests, wealth, power) tints how we view particular constitutional rules
Behind veil of uncertainty at the constitutional moment
Individuals do not know if they will be in majority or minority
Need to know costs of State action, but can't know this before we know how State is organized
B&T assume some pre-existing property rights at some minimal level
What further collective action will individuals agree to?
“When will a society composed of free and rational utility-maximizing individuals choose to undertake action collectively rather than privately?”
Pre-existing externalities that individuals cannot mitigate alone
Failing to act collectively would leave these externalities
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
"There should be little reason to expect that constitutional rules developed in application to the passage of general legislation would provide an appropriate framework for the enactment of legislation that has differential or discriminatory impact on separate groups of citizens," (p. 22)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
What is the moral status of a decision rule?
Unanimity is ideal: Pareto efficient by definition
Choice of constitutional rules should be unanimous, so we can disagree about political outcomes
But there are costs of trying to secure unanimity!
A less-than-unanimous rule will create other costs on minorities that are not in the majority
Consider two types of costs to determine optimal departure from unanimity
External costs, C(n): cost of collectively-chosen outcome on individual, falling with n
Expected cost of being in minority and coerced to comply with unfavorable decision
Some expected cost at 0, personal cost of unresolved externality
With unanimity (N), external costs →0
Decision-making costs, D(n): cost of reaching an agreement, rising at an increasing rate with n
With more people, any one person can veto!
Holdouts, strategic bargaining, high transaction costs
With greater n, a tradeoff between lower External costs C(n) and higher Decision-making costs D(n)
Total costs C(n)+D(n): the (vertical) sum of external and decision-making costs
With greater n, a tradeoff between lower External costs C(n) and higher Decision-making costs D(n)
Total costs C(n)+D(n): the (vertical) sum of external and decision-making costs
Optimal decision rule: minimize total costs at KN
ANY group of KN people that agree will determine the outcome
Note: again, the minimum of Total Costs
Majority rule (n2+1) is a very common decision rule
Despite moral arguments for/against, practical reasons:
Costs are different issue by issue
High C(n)-issues
Costs are different issue by issue
High C(n)-issues
Access rules: less than majority
Decision rules: majority
Changing the rules: more than majority (closer to unanimity)
Size of N: larger groups create larger C+D costs
Heterogeneity (of preferences, wealth, power, etc)
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
"Many activities that may be quite rationally collectivized in Sweden, a country with a relatively homogenous population, should be privately organized in India, Switzerland, or the United States."
Different alternative decisions regarding an externality have different costs:
A: do nothing, live with externality
B: voluntary collective action
C: government action
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
"The existence of external effects of private behavior is neither a necessary nor a sufficient condition for an activity to be placed in the realm of collective choice," (p.61)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
Even with optimal collective decision rule, it might be better off left to private hands if total costs are lower (at A)
In general, the higher C+D costs are (for whatever reason), the greater likelihood that an activity should be left private
Constitutional choice does not take place in a vacuum
Veil of ignorance assumes we have no specific stake in changing rules in a particular way, but
Our current political situation (preferences, wealth, power, etc.) naturally will affect how we view different rules
Incorrect to start from Hobbes (no rules); irrelevant to our actual decisions
Constitutional economics is practically about reform of rules, rather than designing from scratch
We must always start from where we are
We would build a different house from scratch than if we change our existing one
We need to create a State to constrain individuals from interfering against one another...but we also need to constrain the State
Constitutional rules define the domain of allowed collective decisions and the rules or procedures for doing so
Their practical function is to protect minorities from the majority
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We need to create a State to constrain individuals from interfering against one another...but we also need to constrain the State
Constitutional rules define the domain of allowed collective decisions and the rules or procedures for doing so
Their practical function is to protect minorities from the majority
Political rules allow us to make one collective choice for all, even though many will disagree with the outcome
We must agree at a constitutional level so that we can disagree on political outcomes
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
1962, The Calculus of Consent
Buchanan:
Tullock:
Brings economic tools to political science: politics as exchange
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“Political theorists seem rarely to have used this essentially economic approach to collective activity. Their analyses of collective-choice processes have more often been grounded on the implicit assumption that the representative individual seeks not to maximize his own utility, but to find the "public interest" or "common good,” (p. 19)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
In reality, 1st-best policies distorted by:
Real world: 2nd-to-nth-best outcomes
Harold Demsetz
1930-2019
“The view that now pervades much public policy economics implicitly presents the relevant choice as between an ideal norm and an existing 'imperfect' institutional arrangement. This nirvana approach differs considerably from a comparative institution approach in which the relevant choice is between alternative real institutional arrangements,” (p.1).
Demsetz, Harold, 1969, "Information and Efficiency: Another Viewpoint," Journal of Law and Economics 12(1): 1-22
Compare imperfections of feasible and relevant alternative systems
Economics: think on the margin!
David Hume
1711-1776
“Political writers have established it as a maxim, that, in contriving any system of government, and fixing the several checks and controuls of the constitution, every man ought to be supposed a knave, and to have no other end, in all his actions, than private interest. By this interest we must govern him, and, by means of it, make him, notwithstanding his insatiable avarice and ambition, co-operate to public good. Without this, say they, we shall in vain boast of the advantages of any constitution, and shall find, in the end, that we have no security for our liberties or possessions, except the good-will of our rulers; that is, we shall have no security at all,” (“Of the Independency of Parliament”)
Hume, David, 1742, Essays: Moral, Political, and Literary
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“Throughout the ages the profit-seeker, the utility-maximizer, has found few friends among the moral and the political philosophers...In the political sphere the pursuit of private gain by the individual participant has been almost universally condemned as 'evil' by moral philosophers of many shades. No one seems to have explored carefully the implicit assumption that the individual must somehow shift his psychological and moral gears when he moves between the private and the social aspects of life,” (p. 19)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“We are, therefore, placed in the somewhat singular position of having to defend the simple assumption that the same individual participates in both processes [the market and politics] against the almost certain onslaught of the moralists,” (p. 19)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“The economic approach, which assumes man to be a utility-maximizer in both his market and his political activity, does not require that one individual increase his own utility at the expense of other individuals. This approach incorporates political activity as a particular form of exchange; and, as in the market relation, mutual gains to all parties are ideally expected to result from collective action,” (p. 23)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
“The power-maximizing approach, by contrast, must interpret collective choice-making as a zero-sum game...When one man gains, the other must lose; mutual gains from "trade" are not possible in this conceptual framework,” (p. 23-24)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
Constitutional level choice among alternative sets of rules
Political level choice within a specific set of rules
Each level affects the other
Constitutional rules constrain political decisions
Current political situation (preferences, interests, wealth, power) tints how we view particular constitutional rules
Behind veil of uncertainty at the constitutional moment
Individuals do not know if they will be in majority or minority
Need to know costs of State action, but can't know this before we know how State is organized
B&T assume some pre-existing property rights at some minimal level
What further collective action will individuals agree to?
“When will a society composed of free and rational utility-maximizing individuals choose to undertake action collectively rather than privately?”
Pre-existing externalities that individuals cannot mitigate alone
Failing to act collectively would leave these externalities
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
"There should be little reason to expect that constitutional rules developed in application to the passage of general legislation would provide an appropriate framework for the enactment of legislation that has differential or discriminatory impact on separate groups of citizens," (p. 22)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
What is the moral status of a decision rule?
Unanimity is ideal: Pareto efficient by definition
Choice of constitutional rules should be unanimous, so we can disagree about political outcomes
But there are costs of trying to secure unanimity!
A less-than-unanimous rule will create other costs on minorities that are not in the majority
Consider two types of costs to determine optimal departure from unanimity
External costs, C(n): cost of collectively-chosen outcome on individual, falling with n
Expected cost of being in minority and coerced to comply with unfavorable decision
Some expected cost at 0, personal cost of unresolved externality
With unanimity (N), external costs →0
Decision-making costs, D(n): cost of reaching an agreement, rising at an increasing rate with n
With more people, any one person can veto!
Holdouts, strategic bargaining, high transaction costs
With greater n, a tradeoff between lower External costs C(n) and higher Decision-making costs D(n)
Total costs C(n)+D(n): the (vertical) sum of external and decision-making costs
With greater n, a tradeoff between lower External costs C(n) and higher Decision-making costs D(n)
Total costs C(n)+D(n): the (vertical) sum of external and decision-making costs
Optimal decision rule: minimize total costs at KN
ANY group of KN people that agree will determine the outcome
Note: again, the minimum of Total Costs
Majority rule (n2+1) is a very common decision rule
Despite moral arguments for/against, practical reasons:
Costs are different issue by issue
High C(n)-issues
Costs are different issue by issue
High C(n)-issues
Access rules: less than majority
Decision rules: majority
Changing the rules: more than majority (closer to unanimity)
Size of N: larger groups create larger C+D costs
Heterogeneity (of preferences, wealth, power, etc)
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
"Many activities that may be quite rationally collectivized in Sweden, a country with a relatively homogenous population, should be privately organized in India, Switzerland, or the United States."
Different alternative decisions regarding an externality have different costs:
A: do nothing, live with externality
B: voluntary collective action
C: government action
L: James Buchanan (1919—2013)
R: Gordon Tullock (1922—2014)
"The existence of external effects of private behavior is neither a necessary nor a sufficient condition for an activity to be placed in the realm of collective choice," (p.61)
Buchanan, James M and Gordon Tullock, 1962, The Calculus of Consent: Logical Foundations of Constitutional Democracy
Even with optimal collective decision rule, it might be better off left to private hands if total costs are lower (at A)
In general, the higher C+D costs are (for whatever reason), the greater likelihood that an activity should be left private
Constitutional choice does not take place in a vacuum
Veil of ignorance assumes we have no specific stake in changing rules in a particular way, but
Our current political situation (preferences, wealth, power, etc.) naturally will affect how we view different rules
Incorrect to start from Hobbes (no rules); irrelevant to our actual decisions
Constitutional economics is practically about reform of rules, rather than designing from scratch
We must always start from where we are
We would build a different house from scratch than if we change our existing one