One of Posner and Weyl’s key ideas is that property rights confer a monopoly status that prevents markets from operating properly. Take the example of land: A landowner can extract a very high price from someone who wants to put the plot to a more productive use. They pose the question whether it is socially just that the landowner can extract rent at the expense of wider society. Their solution to this problem is brilliantly ingenious, albeit impractical. All members of society assign a value to each and every asset that they own and are taxed on the basis of their declared wealth. But the twist is that if someone offers to buy the asset at the value which the owner declares, they are legally obliged to sell it.
In a world of perfect information, asset holders would be able to value their assets at a sufficiently low price to minimise their tax bill but high enough to deter potential buyers. But because we do not inhabit such a world many asset holders will overvalue their assets, in which case society benefits from the additional tax revenue that results. Similarly, many will undervalue their assets which will allow wealth to be redistributed throughout the economy. As an intellectual thought experiment, I was very much taken by the idea. Obviously it would never work in practice because the ultra-rich would simply acquire the assets of the less well-off and we would end up with more concentrated ownership of wealth. But at a time when there is evidence of increased industrial concentration, with a smaller number of firms accounting for a rising proportion of sales in most economic sectors (think Amazon or Apple), this is brave attempt to force the concentration problem onto the agenda.
The authors also propose solutions to the problem inherent in democratic systems whereby the rights of minorities have to be protected, but equally minority interest groups cannot be allowed to block the progress of a wider agenda. Posner and Weyl use the area of environmental regulation as an example but we might even apply it to the Brexit problem, where the actions of the DUP and the ERG have thwarted plans to move things forward. Posner and Weyl’s solution is to abandon the principle of one person one vote and instead give individuals a fixed supply of credits which means that if they expend them on one issue, their blocking power in other areas is correspondingly reduced. In the authors’ words, “a vote can tell you only whether a person prefers one outcome to another, but not how much the person prefers the outcome … we need a way of determining whether the intense preferences of the minority outweigh the weak preferences of the majority.”
On a day when the UK government has issued its immigration White Paper which I found a profoundly depressing and economically illiterate document, based as it is on pulling up the drawbridge, it should come as no surprise that Posner and Weyl weigh into this subject. Their analysis on this area is pretty weak but it boils down to the idea that citizens should be allowed to sell a visa to an immigrant worker, to whom they provide financial support until such times as the immigrant is able to stand on their own two feet. The rationale is that society benefits from the additional income which flows from immigration, though I struggle to see why those who are not prepared to sponsor immigrant workers should be allowed to free-ride on the additionally generated income.
But mad as many of the proposals are, and unlikely as they are to be implemented, the authors at least have a go at identifying many of the problems which have exercised voters across the western world. The question of whether society could or should accept the undermining of individual property is more troublesome. However, many of the cases highlighted in the book demonstrate that in theory, individuals can better express their preferences by giving up their rights. In a year when The Economist has called for the liberal agenda of free trade and free markets to be redefined in a bid to enhance living standards, the book is suitably thought provoking.
As a final thought, until 1917 just four major countries
permitted universal suffrage and it was not until 1971 that all cantons in an
enlightened country such as Switzerland allowed women to vote. What was once
unthinkable is now commonplace. Just because we cannot imagine how some of
Posner and Weyl’s solutions might operate does not mean that they should be
dismissed out of hand.