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Unreal Estate

The legal fiction of the "corporate person" has helped economic growth through making possible limited liability, fractional reserve banking, insurance and many other fictions. But it has also made it easier to divorce the moral realities of debt and obligation from economic fictions. The endless

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A verse of the Koran says: ‘Oh ye who believe, do not eat up your property among yourselves in vanities’ (An-nisa, 4,  29). This is one of many verses and hadiths interpreted as forbidding  interest, insurance and the trade in debts. The Prophet was appalled by  the sale and purchase of unreal things, and especially when people seek  to forestall the will of God, by selling something that they do not  possess or which they may never be called upon to provide. Traditional  Islamic law therefore forbids many of the commercial constructs that we  take for granted: for example, limited liability, which permits people  to escape from the consequences of what they do by wearing a corporate  mask. Of course, an economy without interest, insurance, limited  liability or the trade in debts would be a very different thing from the  world economy today. It would be slow-moving, restricted, and  comparatively impoverished. But that’s not the point: the economy  proposed by the Prophet was not justified on economic grounds, but on moral grounds, as an economy of righteous conduct.

The desire for a moral economy is by no means confined to Islam. In the  post-war world in which I was raised economic life was equally  circumscribed by moral edicts. For a long time following the Second  World War, something called ‘capitalism’ was regarded with great  suspicion by European elites, and also by large sections of the people.  Capitalism meant ‘greed’, ‘profiteering’ and ‘exploitation’. Private  business was regarded as an assault on public assets, if not on public  morals, and in the England of nationalised industries and massive state  projects, it was rare to find the ‘profit motive’ referred to except as  an object of abhorrence. When, during the 1970s, I read for the Bar, I  was astonished to discover that the English law of Corporations still  required companies to make a profit. How was it that, after years of  Labour government, such a law had not been repealed, and corporations  required, instead, to work for the common good or, failing that, to  reshape themselves as cooperatives, and wait to be taken over by the  state?

Then came the Thatcherite revolution. We lived through what was, in  retrospect, a radical transformation in the world of ideas and also in  day-to-day politics. Quite suddenly the system that had been condemned  as capitalism was being praised as ‘the market’. Economics, we were  told, was not about profit and exploitation but about freedom. The  market was not just a social necessity but a moral good. It was the  system whereby each person dealt openly and honestly with every other,  to the benefit of everyone. It offered freedom, and demanded  responsibility as the price. The state was no longer the guardian of the  common good but the great intruder, the free rider on all our  contracts, the robber who took the proceeds of honest workers and spread  them around its pampered clients.

After the dreary years of socialist Puritanism, this new morality was  undeniably liberating. But it liberated both good things and bad, and  never faced up to the truth that had dawned on Muhammad – the truth  that, in an economy of fictions, nobody can be called to account.  Whether bubbles of the kind we have recently seen are a necessary part  of the trade in unreal estate I do not know. I suspect that they are,  and that the search for regulations that would prevent them is a futile  use of public funds and political energy. Nobody can enjoy the sight of  people becoming stinking rich by trashing the scant savings of others.

But  matters are not usually improved when the state steps in. The  underlying premise of state interference is that the state and its  clients come first. The main concern of the political class is to ensure  that those on whom it immediately depends for an easy life – the  bureaucrats and the clients – will be properly provided for, with a  reserve fund to buy favour from the discontented. The trade in unreal  estate goes on.

The European norm, in which the largest part of the economy is  controlled by the state, represents a kind of default position of modern  democracies, and one to which the USA, long the exception in Western  politics, is now tending. High taxes on all who work hard, take risks  and keep the economy going, combined with a free ride for all those from  whom votes can be most easily purchased – such is the tendency of the  democratic state. Nobody in Greece or Portugal has ever doubted it, and  only a residual glimmer of the Protestant Ethic has distracted the  Germans from the truth that they are not really entitled to complain,  when the Greek political class tries to transfer the cost of its  borrowing, which it cannot pay, to the German taxpayer, who can. For  that is what social democracy means, and social democracy has been  Germany’s greatest post-war export.

Many economists write learned and technical articles to explain how the  current debt crisis arose, and how it might be managed. The theory of  re-financing and sovereign debt fills many a volume of innocent-seeming  graphs and statistics. But this should not blind us to the truth that  dawned on the Prophet, which is that we have another and truer way of  perceiving these matters, which is the way of moral judgement. If you  borrow money you are obliged to repay it. And you should repay it by  earning the sum required, and not by borrowing again, and then again,  and then again. For some reason, when it comes to the state and its  clients, those elementary moral truths are forgotten.

Keynes’  contribution to economics in his General Theory of Employment, Interest and Money was to show that under  some exceptional circumstances, we can get ourselves into a stable but  bad configuration - a sort of economic coma - in which households would  spend more if they had work; and companies would employ more if  households spent more; but in which neither dares move first. In such  cases, the state can indeed, by borrowing from future generations, become a deus ex machina “spender of last resort”. Who knows, maybe we are in such an extreme situation today.

But  if we are, it is because the elementary moral truths of debt and  obligation were forgotten and ignored so thoroughly during the last 10  years. Bernard Madoff set up a fund which borrowed from one person to  service the debt to another, and so on ad infinitum. As a result he was  sent to prison for life. When states do the same they describe their  actions as ‘responsible’, ‘compassionate’, gestures of ‘social  inclusion’, since the residue of the money borrowed, when the villas,  yachts and lovers have been paid for, is spent on pensions, on lowering  the retirement age, on unemployment benefits, in other words on reducing  productivity to the point where the debt can never be repaid.

If a private person behaves in this way we expect him to be punished by  bankruptcy. To escape this punishment by borrowing again is merely to  augment the crime. But when businesses and banks judged by the state to be ‘too  big to fail’ do likewise they have to be ‘rescued’, in other words  nationalised. This is good news for those who have been wearing the  corporate mask, since they can continue to transfer the costs of their  behaviour. Thus last year the CEO of Chrysler, a fiction now maintained  by the state, rewarded himself with a salary of $8 million dollars for  his work in the world of dreams. Only in this way could he show that he,  too, was ‘too big to fail’. And the same goes for states. ‘Defaulting  on a sovereign debt’ is supposed to be inconceivable, just as it is  inconceivable that the dead industries of Detroit or the profligate banks should be buried.

You may say that there is a disconnect here, between economic and moral  wisdom. But I am not convinced by that. It seems to me that the moral  sense emerged in human beings precisely because it has proved to be, in  the long run, for their advantage. It is the thing that puts a brake on  reckless behaviour, which returns the cost of mistakes to the one who  makes them, and which expels cheating from the fold. It hurts to be  punished, and states that act wrongly naturally try to avoid the  punishment. And since they can pass on their hurt so easily to the rest  of us, we turn a blind eye to their behaviour. But I cannot help  thinking that the result is at best only a short term economic  advantage, and that the long term costs will be all the greater. For  what we are seeing, in both Europe and America, is a demoralisation of  the economic life. Debts are no longer regarded as obligations to be  met, but as assets to be traded. And the cost of them is being passed to  future generations, in other words to our children, to whom we owe  protection and who will rightly despise us for stealing what is theirs.



There are replies to this article here:

Freedom to re-invent financial reality, Tony Curzon Price, 14/9/11

It is simpler than this, Michael Bullen, 16/9/11

Money, public debt and the Euro: defences against fragmentation, Sergio Bruno, 20/9/11

Roger Scruton

<p>Roger Scruton is a philosopher, writer, political activist and businessman. He is a professor in the department of philosophy at St Andrews University and a scholar at the American Entreprise Inst

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