| There is sometimes a need for strong regulation to prevent larger participants from using their size to gain an unfair advantage in the market. The Coasian revolution and public choice schools have since challenged this narrative quite significantly, and have had an impact on economic discourse, though not on mainstream discussion. The job of regulation is to ensure (as much as is reasonably possible) that no one gains an unfair advantage. George Stigler devastated that interpretation, as well. Nevertheless, I am talking about an ideal vision that we should strive toward. Indeed, this is an ideal discussion. Hence I can't give you a straight example of a "non-governmental regulation that doesn't ultimately derive authority from government," though in fairness this is ambiguous. It happens that the judicial branch is governmental, but the very act of informal bargaining between property owners is endogenous, non-governmental regulation. You could also argue that private certification and standards agencies are endogenous regulators. I am currently reading a book about the so-called "Robber Barons" of the later half of the 19th century. If you want to see what truly unconstrained capitalism looks like, I suggest you read up on this period: fraud, price-fixing, market manipulations, extortion, bribery The so-called "robber baron" era was not one of truly unconstrained capitalism at all. The "robber baron" era had the strict mercantilist and interventionist policies of Alexander Hamilton, Friedrich List and the American School economists in full effect. Above all, it was driven by a complex interaction of tariffs (people keep forgetting how important tariffs were in United States history), land law acts and railroad subsidies, with heavy political collusion. After you're done with that book, I suggest you read Gabriel Kolko's Railroads and Regulation, 1877-1916 to get a fuller picture. Ironically, the author was a member of the New Left. |
And yet, Microsoft in the 90s and early 00s still happened. And there doesn't seem to be anything in what you've said that would demonstrate that we no longer need anti-trust laws (which are one form of regulation).
>The so-called "robber baron" era was not one of truly unconstrained capitalism at all. The "robber baron" era had the strict mercantilist and interventionist policies of Alexander Hamilton, Friedrich List and the American School economists in full effect.
A "No True Scotsman" response at its finest. But it doesn't really respond to the point: removing regulation without putting some other constraints into the market is basically asking for a return to the 19th century market. And no one has come up with something that really works any better than regulation for many of these areas of the market.
>I can't give you a straight example of a "non-governmental regulation that doesn't ultimately derive authority from government," though in fairness this is ambiguous.
But, again, the entire point is that lassez faire supporters can't even give an "ideal" replacement for the government's role in regulation, consumer protection, anti-trust, or even dispute settlements that doesn't basically do exactly the same thing as government. Only being less transparent, and more costly to new players in a market (e.g. "binding arbitration").