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SCI LIBRARY

Coase's Theorum

Fred Foldvary, Mason Gaffney, Mike O'Mara,
Harry Pollard, Dan Sullivan and others


[Reprinted from the online Land-Theory discussion group; May 1999]


Mike O'Mara wrote: (5/16/99):

Occasionally, someone who advocates purely allodial landownership will mention Coase's theorem, claiming that it supports an allodial policy. The version some of them give is so broad that they claim Coase said the result of economic transactions would be the same regardless of how land and other resources were initially distributed.

It seemed a little hard to believe Coase really said that, so I finally borrowed the university library's copy of Coase's 1988 book, The Firm,the Market, and the Law. It contains his original 1960 article from the Journal of Law and Economics: "The Problem of Social Cost" (the thesis of which Stigler named "the Coase theorem"), and also includes a chapter with Coase's response to authors who have misinterpreted his theorem (that chapter is titled "Notes on the Problem of Social Cost").

It turns out that in his theorem, Coase is actually critiquing orthodox economics, while offering a suggested refinement of it. His theorem might have some interesting implications for land policy and property rights.

Critique of Orthodox Economics

The Coase theorem focuses on the role of transaction costs in disputes involving neighboring properties. Coase's 1960 article was addressing negative externalities, such as a factory smokestack polluting the neighbors, or cattle destroying a nearby farmer's crops. Coase argued that, regardless of what the law says about who is liable, the economic outcome, including the distribution of wealth, would be the same, if transaction costs were zero.

Contrary to many misinterpretations of Coase's theorem, he made it clear that transaction costs are rarely close to zero, and in fact sometimes transaction costs are so high that negotiations and contracts do not take place.

So, an important point of Coase's theorem was actually to criticize and refine orthodox economic models, which had usually been based on the strange assumption that transaction costs are zero. Of course, orthodox economists' models also commonly assume that economic activity takes place in a vacuum, requiring neither space, time, nor even any energy inputs for production. (It's possible that some of these same economists may have first considered going into biology, but probably could not find funding for their theories about the wing structures of pigs.)

Level of Output

In his example of a factory smokestack polluting the neighborhood, Coase compares the case where the law makes the factory liable for the pollution and makes it pay for damages, versus the case where the law does not hold the factory liable, so more people choose not to locate there.

He argues that the level of smoke output would be the same either way, and the distribution of wealth would be the same, regardless of what the law is regarding liability, if transaction costs were zero.

For example, suppose the law required the factory to pay for damages. In that case, if more people then move into the vicinity, the factory would have to pay more pollution damages since more people would be involved. But in that case, people who move into the vicinity would not take into account the additional cost and reduced production resulting from their presence.

So, Coase concludes that merely making the factory liable for pollution damages is not necessarily the optimal solution, depending on the situation. On the one hand, if there is no fine or tax on pollution, there might be too much smoke and too few people in the vicinity, but on the other hand, with the fine or pollution tax there may be too little smoke and too little production, and too many people in the vicinity.

If transaction costs were zero, then the people involved could negotiate and make contracts to reach an optimal solution. But since transaction costs might be extremely high, Coase notes that public policy needs to take account of the kinds of effects noted.

Distribution of Wealth

He explains why the distribution of wealth would not be affected by what the law is regarding liability for negative externalities, if transaction costs were zero. Suppose the law requires a rancher to compensate a farmer for crops destroyed by wandering cattle. If so, the amount the rancher would pay for leasing the land would be lower by that same amount, while the farmer's lease would then be higher by that amount. So the distribution of wealth between the two would be the same either way.

The landowners would also wind up with the same distribution of wealth, regardless of the liability law, if transaction costs were zero. If the liability law were known ahead of time, then the land prices would reflect it, so that the resulting lower or higher price of land would offset the law's effect on the income from leasing the land.

Changes in Property Rights

But Coase goes further and points out that, even if the liability law changed later, there would still be no change in the distribution of wealth, if transaction costs were zero. That would be the case because, if transaction costs were zero, it would cost nothing to include elaborate conditions in contracts, such as specifying how payments owed would vary if there were changes in the law.

Coase points out that the one case where the distribution of wealth would be different even if transaction costs were zero is the case where previously unrecognized rights arise, such as happened when it was decided that each individual has a right to be free from slavery. In the case of a right that was previously unrecognized, contracts would not have clauses already prepared for that contingency.

His conclusion could be applied to the case where there are changes in basic property rights, such as rights to ownership of land. For example, suppose the law were changed so as to endorse some version of land reform or land rent reform, such as Georgist views of rights to land rent. In that case, Coase would agree that the distribution of wealth would be different, even if there were zero transaction costs.

Coase mentions in a passing sentence that he agrees with Steven Cheung's point that, if transaction costs are zero, then the Coase theorem does not even have to assume the existence of private property rights. But he does not elaborate on that point. Maybe he and Cheung meant that if transaction costs are zero, then there would be no cost in reaching agreement on rules of property rights. Anyone who has ever been involved in politics would immediately recognize that the continuing lack of any such agreement on property rights shows the validity of Coase's point about the role of transaction costs.

***

Mase Gaffney, responding to Mike O'Mara (5/23/99):

Thanks for this helpful summary on Coase. However, I think you are a little too easy on him.

If widow W owns a house and lot, and Builder B wants to buy the lot for an apartment, W can say she will not sell at any price. B cannot equal that by offering to pay any price, so W keeps the land because she has the entitlement, even though B has more money. The entitlement gives W the equivalent of billions of $$$.

In recent years, economists doing "contingent valuation" studies have established that Willingness to Pay (WTP) for something you don't own is alot lower than Willingness to Accept (WTA) payment for the same thing if you do own it.

Can send vast lit. on subject, if you want.

Fred Foldvary, responding to Mase Gaffney (5/24/99):

Still, the contingent valuation (CV) people are dealing with exactly the case you cite, i.e. when widow W strews her yard with garbage. Only, in this case widow W is the Exxon Valdez. How much is the beach worth that got oiled? Ask the locals what they would pay to have a clean beach, and get a low figure; ask them what Exxon must pay them to dump oil on theclean beach that THEY OWN, and get a much higher figure.

If there are zero transaction costs, and there are on-going oil spills, then Coase said if the property rights rest with the locals, Exxon has the choice of either paying what the locals demand when there is a spill, or paying the cost of preventing the spills, and Exxon will do whatever is the lower cost. This was contra Pigou, who said simply Exxon should pay the social cost. Not so, said Coase, if it is less costly to avoid the spill. The point was to take all relevant costs into account. Seems to me that the relevant cost would be what the locals would pay to have a clean beach. What Exxon must pay to dump oil is the sum of what they would pay for a clean beach plus the premium they demand because they already own it and have psychological attachments to it.

***

Mike O'Mara wrote (5/22/99):

So, an important point of Coase's theorem was actually to criticize and refine orthodox economic models, which had usually been based on the strange assumption that transaction costs are zero. Of course, orthodox economists' models also commonly assume that economic activity takes place in a vacuum, requiring neither space, time, nor even any energy inputs for production.

It might be interesting to ask to what extent the peculiar economicassumption that information has no cost might be related to the effect of removing land from economics. In The Corruption of Economics, MasonGaffney described the effect of the neo-classical assumption of a steady-state, timeless economy: it hides the difference between land and capital goods, because capital goods take time to produce, whereas land cannot be produced at all.

An effect of assuming a timeless, steady-state economy in neo-classical economics is that it also seems to require the assumption of perfect information: transactions are costless, and no new inventions occur because everyone is all-knowing. Also, it implies that land speculation would not occur, because people already know what land prices will be.

So apparently, the same corruption that gave us a landless economics also gave us the equally absurd notion of costless information and all-knowing participants in the economy. The Corruption of Economics also suggests that the field of macroeconomcis was invented as a means to reintroduce time into economics, in order to deal with the business cycle. So, it's relevant to note that some of the economists who are now attempting to derive the microeconomic foundations of macroeconomics are applying search models, where information has a cost, resulting in disequilibrium.

Mase Gaffney, responding to Mike O'Mara (5/22/99):

It's interesting how theorists will build models with wildly unrealistic premises, and then a few years later see a need to re-enter what they assumed away, and treat it like a new idea, a new field, several new careers! Hence, "information theory" etc.

Nic has pointed out the importance of the concept of "winner's curse,"where the high bidder for land is often not the best informed, but simply the most optimistic.

That approach could potentially include not only the role of information costs in affecting unemployment, spending, and inflation, but also its role in land speculation and land markets.

***

Mase Gaffney wrote:


Thanks for this helpful summary on Coase. However, I think you are alittle too easy on him. ...

Mike O'Mara, responding to Mase Gaffney (5/23/99):

In recent years, economists doing "contingent valuation" studies have established that Willingness to Pay (WTP) for something you don't own is alot lower than Willingness to Accept (WTA) payment for the same thing ifyou do own it.

From what I've read of Coase so far, I'm not sure the Coase theorem is meant to apply to cases other than where there is a negative externality. For example, he discusses such cases as a factory emitting smoke, or cattle wandering over and destroying a farmer's crops.

So, the Coase theorem might not apply to a case like the one you mentioned. Suppose instead that there is a negative externality involved, such as the widow leaving her garbage in the back yard, and it attracted rats.

By the Coase theorem, the solution reached by her and her neighbors would be the same whether or not she was held liable, if transaction costs were zero. Or, put another way, the only reason the solutions might diverge in the two different conditions of liability would be if transaction costs are much greater than zero.

In any case, from reading the two Coase articles, I was glad to find that, contrary to what I've seen some allodialists claim, the Coase theorem does not say that the outcome of transactions is unaffected by the initial distribution of land or other resources. First, Coase pointed out that most trades involve transaction costs well above zero, so that would change the outcome.

Second, Coase stated that, even if transaction costs were close to zero,the distribution of wealth would still be affected if a law is introduced that upholds a right that was previously not recognized. He gives the example of introducing an anti-slavery law, but the same would apply if a new right to land access was eventually recognized.

I appreciate the contributions of Coase and any other economist who critiques the unrealistic axioms of neo-classical orthodoxy. Just as Georgist economists are making the valuable contribution of showing the necessity of including land in economic theory, similarly, Coase and some others are demonstrating the necessity of including information costs.

The two approaches can actually complement each other, because both wind up opposing the orthodox neo-classical model of a steady-state, timeless economy, with its seriously unrealistic implications, such as no difference between land and produced goods, no business cycle, and no land speculation.

***

Mase Gaffney: responding to Mike O'Mara (5/24/99):

The more I read about Coase's original article, the more it seems the Coasians, led by Stigler, have misused it. Clearly, it's high time I read Coase myself. Past time!

***

[Fred Foldvary wrote (5/24/99):

Still, the contingent valuation (CV) people are dealing with exactly the case you cite, i.e. when widow W strews her yard with garbage. ...]

Mase Gaffney, responding to Fred Foldvary (5/26/99):

I doubt that Pigou overlooked the other possibility. IF he failed to mention it, it would have been because he just assumed his readers would consider that too obvious to mention.

Fred Foldvary responding to Mase Gaffney (5/26/99):

Not so, said Coase, if it is less costly to avoid the spill. The point was to take all relevant costs into account. Seems to me that the relevant cost would be what the locals would pay to have a clean beach. What Exxon must pay to dump oil is the sum of what they would pay for a clean beach plus the premium they demand because they already own it

Mase Gaffney, responding to Fred Foldvary (5/26/99):

That's the point, yes. However, don't modify the point by calling it "psychological." It's a matter of purchasing power: a wealth effect. This, I think, is what Coasians have papered over, or minimized, or trivialized -- and it's their Achilles' Heel.

Fred Foldvary, responding to Mase Gaffney (5/26/99):

... and have psychological attachments to it.

***

Mase Gaffney wrote (5/27/99):

In Pigou's A Study in Public Finance, p.99, he makes it pretty clear that the purpose of his proposed effluent tax was not primarily to punish offenders, but to "correct maladjustments" by taxing uses that are "pushed too far" in the market. He also proposes subsidizing other uses that are not pushed far enough.

Pigou is a very clipped writer, he doesn't wave a flag at every point, but the point is there.

Mike O'Mara, responding to Mase Gaffney (5/27/99):

That summary of Pigou's point seems compatible with Coase's summary: "...Pigou's basic position was that, when defects were found in the working of the economic system, the way to put things right was through some form of government action...."

But in contrast to Pigou, Coase emphasized that, before automaticallyconcluding whether government action is the best way to deal with such externalities, first it's necessary to look at the relative information costs of different approaches.

"Tradable permit" schemes, derived from Coase, presuppose government action to create the permits, so I think their champions are sailing under false colors and twisting the issues, when they paint themselves as libertarians of some kind.

Fred Foldvary, responding to Mase Gaffney (5/26/99):

If there are zero transaction costs, and there are on-going oil spills, then Coase said if the property rights rest with the locals, Exxon has the choice of either paying what the locals demand when there is a spill, or paying the cost of preventing the spills, and Exxon will do whatever is the lower cost. This was contra Pigou, who said simply Exxon should pay the social cost.

Mike O'Mara, responding to .................... (5/26/99)

Stigler's way of stating the Coase theorem is that, if transaction costs were zero, then private costs and social costs would be equal.

Coase summarizes Pigou's position on externalities as follows: "...Pigou's basic position was that, when defects were found in the working of the economic system, the way to put things right was through some form of government action," such as taxes, fines, or assigning of liability.

Samuelson's summary of Pigou's position was similar: "...his doctrine holds that ... where there are technological external economies or diseconomies, ...there is a prima facie case for intervention."

But Coase points out that Pigou never compared the information costs involved in government action (e.g., taxes, fines, or assigning of liability) with the information costs involved in non-government action (e.g., bargaining) -- yet Coase concludes that such a comparison needs to be made, in order to find the most effective means of addressing such situations, in each case.

Fred Foldvary, responding to Mase Gaffney (5/27/99):

This was contra Pigou, who said simply Exxon should pay the social cost. Not so, said Coase, if it is less costly to avoid the spill. The point was to take all relevant costs into account. Seems to me that the relevant cost would be what the locals would pay to have a clean beach. What Exxon must pay to dump oil is the sum of what they would pay for a clean beach plus the premium they demand because theyalready own it

Mason Gaffney, responding to Fred Foldvary (5/27/99):

That's the point, yes. However, don't modify the point by calling it "psychological." It's a matter of purchasing power: a wealth effect. This, I think, is what Coasians have papered over, or minimized, or trivialized - and it's their Achilles' Heel.

Mike O'Mara, responding to Mase Gaffney (5/27/99):

Yet the Coase theorem is that, if transactions costs were zero, then the outcome would be the same regardless of whether or not Exxon was liable, and the distribution of wealth would also be the same (with the only exception being if there was a new right that had not previously been recognized).

If transaction costs were zero, and Exxon was not liable, so that the beach owners had to pay to have a clean beach, then they would have paid less for their land. Or, if Exxon was liable, and had to pay them, then they would have paid more for their land. As a result, Coase argues that the distribution of wealth would be the same regardless of the liability rule.

***

Mike O'Mara wrote (5/27/99):

Coase points out that Pigou never compared the information costs involved in government action ... with the information costs involved in non-government action (e.g., bargaining) -- yet Coase concludes that such a comparison needs to be made, in order to find the most effective means of addressing such situations, in each case."

Mase Gaffney responding to Mike O'Mara (5/27/99):

If Coase said that, he was misrepresenting Pigou.

Mike O'Mara wrote (5/27/99):

Yet the Coase theorem is that, if transactions costs were zero, then the outcome would be the same regardless of whether or not Exxon was liable, and the distribution of wealth would also be the same (with the only exception being if there was a new right that had not previously been recognized).

Mase Gaffney, responding to Mike O'Mara (5/27/99):

Something is being glossed over here. If I begin life owning the world, and you owning nothing, that in itself changes the distribution of wealth as compared with equality. Liability is an incident of non-ownership.

For example, suppose you and a few other people owned all the land, and the rest of us owned no land at all. But later, suppose it became generally recognized that Henry George's principles of land rights were correct, and the law was changed to put those newly recognized rights into effect.

In that case, Coase would conclude that the distribution of wealth would be different under different liability conditions, because a new right was in place that had not been previously recognized. Coase gave the example of when society recognized a new right to freedom from slavery -- but his same point would apply if a new right to land was recognized: in that case only, the distribution of wealth would be different under different liability conditions, even if transaction costs were zero.

But in all other cases, Coase concluded that the distribution of wealth would not be different under liability conditions, if transaction costs were zero. Or, put another way, in all other cases, the only reason the distribution of wealth would be different under different liability conditions is if transaction costs were significant.

Mike O'Mara, responding to Mase Gaffney (5/27/99):

I mentioned above that Coase said, if transaction costs were zero, then the distribution of wealth would only be different under the different liability conditions "if there was a new right that had not previously been recognized".

For example, suppose you and a few other people owned all the land, and the rest of us owned no land at all. But later, suppose it became generally recognized that Henry George's principles of land rights were correct, and the law was changed to put those newly recognized rights into effect.

In that case, Coase would conclude that the distribution of wealth would be different under different liability conditions, because a new right was in place that had not been previously recognized. Coase gave the example of when society recognized a new right to freedom from slavery -- but his same point would apply if a new right to land was recognized: in that case only, the distribution of wealth would be different under different liability conditions, even if transaction costs were zero.

But in all other cases, Coase concluded that the distribution of wealth would not be different under liability conditions, if transaction costs were zero. Or, put another way, in all other cases, the only reason the distribution of wealth would be different under different liability conditions is if transaction costs were significant.

Mase Gaffney, responding to Mike O'Mara (5/27/99):

Seems clear to me that if Exxon has to pay me for polluting my beach, we'll get a lot less pollution there than if I have to pay Exxon NOT to pollute their beach. Not clear to me how anything above changes that. Am I missing your point?

***

Mase Gaffney wrote (5/28/99):

"Tradable permit" schemes, derived from Coase, presuppose government action to create the permits, so I think their champions are sailing underfalse colors and twisting the issues.

Mike O'Mara, responding to Mase Gaffney (5/29/99):

Coase did not say that there is never any role for government. Instead, he said that, rather than automatically assuming the government needs to play a major, detailed role in dealing with any case of externalities, it's first necessary to compare the relative information costs of different approaches, such as different government actions or different non-government approaches (e.g., bargaining).

Coase gives numerous examples where the level of pollution is higher due to the side effects of the high information costs of certain types of government policies. In some situations, an approach involving less government involvement in the details (and therefore with lower infrmation costs) might be more effective than some other approaches. That is very different from never calling for any government involvement at all.

So far, I have not read anything by Coase discussing tradeable permits. But that is a relevant example. Tradeable permits require only a one-time issuance of permits, instead of continual, detailed government oversight. So, there might be a lower government information cost involved than with many other policies. The Coase theorem is also relevant for setting thelevel of emissions allowed by an emissions permit, as follows:

If transaction costs were zero, then the level of emissions that is set would be the same, regardless of whether the pollution source was held accountable (e.g., taxed, fined, held liable) or not. In other words, the emissions level would be different with different policies only because the transaction costs are frequently much greater than zero.

Mase Gaffney wrote (5/29/99):

So I think their champions are sailing underfalse colors and twisting the issues, when they paint themselves aslibertarians of some kind.

Mike O'Mara, responding to Mase Gaffney (5/29/99):

You seem to be using the word "libertarian" as if it meant "no government", which is not what the word means (as shown by dictionaries, the Oxford etymology, books by libertarian economists and philosophers, etc.). I have never seen any libertarian author or activist ever advocate having no government at all. There are some radical libertarians who aim for an eventual goal of a contractual government, meaning a governmentfunded without taxes, but that is still a government.

And there are some radical libertarians who prefer not to use the word "government" when referring to contractual governments: they prefer to use terms such as "arbitration and defense agencies" -- but these are still really governments.

Most libertarians, and most libertarian economists, are minarchists, meaning that they favor a government with only a few basic functions, such as courts, police, and defense. Their only significant difference from radical libertarians is in the question of which method to use for funding government (taxes versus contracts).

Coaseians take the approach that the proper way to determine which functions need to be taken by government is to look at the economics involved in alternative methods of achieving a goal, including the relative information costs.

Mase Gaffney responding to Mike O'Mara

If Coase said that, he was misrepresenting Pigou.

Mike O'Mara responding to Mase Gaffney:

The word "never" above is mine, not Coase's. Coase goes out of his wayto provide many quotes and citations, including Pigouvians' own views ofPigou's approach to externalities.

For example, Coase quotes Samuelson's view of Pigou. [Paul Samuelson]:"..his doctrine holds that....where there are technological externaleconomies or diseconomies,....there is a *prima facie* case forintervention" (Samuelson, *Foundations of Economic Analysis*, p. 208).

That and other citations support Coase's view that "...Pigou's basic position was that, when defects were found in the working of the economic system, the way to put things right was through some form of government action", such as taxes, fines, or assigning liability. That is very different from a Coaseian view, of comparing the information costs of various approaches, including different government and non-government approaches.

Mike O'Mara responding to Mase Gaffney:

Coase pointed out that, if the law does not hold the polluter liable, then the neighbors would have to pay the polluter to pollute less (such as Exxon), so they would then have paid less for their land, since it would be less valuable. Or, if the law did hold Exxon liable, then the neighbors would have paid more for their land, because it would then be more valuable.

Either way, the level of pollution and the distribution of wealth would be the same, if transaction costs are zero (so, the distribution would be different under different liability conditions only because transaction costs are often much greater than zero).

Does Coase's conclusion about the effect on land values address yourpoint?

Mike O'Mara wrote (5/29/99):

Some Coaseian Georgists have suggested an alternative approach to dealing with emissions: paying annual rent on tradeable emission permits (where the current holder of the permit would pay an annual rent for the value of the permit).

Note that the goal is to have the optimal level of emissions. For some chemicals, the optimal level of emissions might be zero. But more often, the optimal level of emissions is some amount greater than zero. For example, each time a person breathes, CO2 is emitted. The optimal level of CO2 emissions is therefore greater than zero. But there is also a level above which CO2 emissions in a region cannot be adequately diluted, dispersed, or absorbed by the ecosystem.

The question then is to find what is the optimal level of CO2. A Coaseian approach emphasizes the role of information costs involved in alternative means of dealing with externalities.

In the case of emissions, a Coaseian Georgist approach (of paying annual rent on tradeable emissions permits) would seem to have higher transaction costs than a Coaseian allodialist approach (where the permit owner would not have to pay rent for the permit). The transaction costs would be higher under a Coaseian Georgist approach because each year the permit value would need to be assessed (with the land assessed separately from the improvements), the permit revenue collected, the per capita value calculated, and the revenue distributed.

So, from a Coaseian approach, the higher transaction costs of a Georgist approach would have to be weighed against the benefits. This would also apply to the Georgist approach to land rent, or use of the broadcast spectrum.

Georgists say that the benefits of a Georgist approach include making land affordable to more people, since the price of land would go down, due to the land rent payments (any person could then own land by just paying annual rent, without the obstacle of obtaining credit or mortgage insurance).

Some Georgists also claim that land would be used more efficiently than under an allodial system, due to paying land rent for land held out of use (although some other Georgists are not sure whether that second effect would be very significant, compared to the bigger effect from just removing taxes on production, so that production taxes would no longer be used to subsidize land speculators).

In any case, from a Coaseian approach, the benefits from a Georgist system would need to be weighed against the higher transaction costs described above. Since those transaction costs also include the cost of gathering the information necessary to properly assess land separate from improvements, the question of assessments and accuracy is one that Coaseian allodialists see as involving especially high transaction costs, and possibly significantly harmful incentive effects if the assessments of land and improvements do not properly separate the two.

The transaction cost issue is relevant to Robert Nozick's views on the relative efficiency of Georgist versus allodial policies. Nozick endorses Locke's proviso for equal access to land value, and supports compensation to those who are non-landowners. But Nozick guesses that an allodial system might actually provide equivalent compensation, if it can be shown that it is more efficient than a non-allodial system (such as a Georgist system).

But since Nozick does not provide any evidence to back up his guess, the discussion stops there.

However, Coaseian allodialists, in effect, leave the door open to further discussion, by implying that the proper way to compare a Georgist system with an allodial system would be to weigh the benefits of a Georgist policy against the higher transaction costs involved in a Georgist system.

In other words, Coaseians imply that the choice between a Georgist system and an allodial system is entirely one of providing empirical evidence about transaction costs, effects of accidentally including improvements in land assessments, and effects of making land more affordable, and possibly making land use more efficient.


Harry Pollard wrote (5/30/99):

I must confess I don't understand the significanceof Coase, but then I don't understand the significance of a lot of modern economic theory. Rent can be defined as the sum of the advantages, less disadvantages, that attach to a site. Anyway that's the way I regard it -- not specifically relating it to the margin.

If a beach is at sufficient risk from pollution tobe significant, the Rent will be less.

If the beach is not at risk the Rent will begreater.

So?

The other issue is the liability of Exxon. The beach is the private property of the holder -- now,or in the geocracy.

How can "the law" not hold responsible the person or company who harms another's private property?

On the other hand as said Micawber: "The law is an ass."

Dan Sullivan, responding to Harry Pollard (5/30/99):

As I understand it, if the beach bears the risk, the theory is that they would pay Exxon to build double-hulled ships, etc., in order to reduce that risk, which would indeed, reduce the rental value of the beach(es). If Exxon bears the risk, they would build the double-hulled ships, etc., on their own, in which case the rental value of the oil deposits would be lower, since this cost would attatch to extracting the oil.

The key is that the transaction costs would be much lower if Exxon were directly responsible for their actions. Otherwise, every beach community would have to be inquiring about every oil shipper, negotiating to pay them to engage in various safety practices, and might even have to hire people to inspect and make sure the contracts had been upheld. This would obviously bog down the process enormously. Despite the vagaraties of the court system, it is still much cheaper, in terms of transaction costs, to make Exxon directly responsible and sue their assets off than to pay them not to endanger the beaches.

That seems to be what Coase is driving at, as I understand O'Mara's understanding of it. Coase would then be arguing that responsibility should beassigned in a way that will minimize these transaction costs.

I would suppose, then, that various other behavioral changes would also emerge as transaction costs. For example, if the beaches were paying the cost of double-hulling the boats, more such boats would probably be built, and fewer lifeguards hired. Thus the ripple effect of these transaction costs are myriad. I can therefore accept Coase's ideas as conceptually sound but not implementable in a formulaic or quantifiable way.

***

Mase Gaffney wrote (5/__/99):

Yet the Coase theorem is that, if transactions costs were zero, then the outcome would be the same regardless of whether or not Exxon was liable, and the distribution of wealth would also be the same (with the only exception being if there was a new right that had not previously been recognized).

***

Dan Sullivan, responding to Mike O'Mara (5/29/99):

In the case of emissions, a Coaseian Georgist appraoch (of paying annual rent on tradeable emissions permits) would seem to have higher transaction costs than a Coaseian allodialist approach (where the permit owner would not have topay rent for the permit). The transaction costs would be higher under a Coaseian Georgist approach because each year the permit value would need to be assessed (with the land assessed separately from the improvements), the permit revenue collected, the per capita value calculated, and the revenue distributed.

Mike O'Mara, responding to Dan Sullivan (5/29/99):

I am confused about why the approach need be so complicated, or why the "land" value of a permit would have to be separated from the "improvement" value. What improvement value?

Dan Sullivan responding to Mike O'Mara (5/29/99):

Actually, my point about the transaction costs involved in assessing land value separately from improvement value was meant to apply to the case of land area -- I agree with you that it does not seem to apply to the case of emission permits.

Mike O'Mara, responding to Dan Sullivan (5/29/99):

The only assessing required would be to determine how much pollution was actually being generated, which would be necessary in the allodial case as well.

Dan Sullivan, responding to Mike O'Mara (5/29/99):

The rental value of the permit would still have to be assessed on an annual basis in the case of a Coasean Georgist approach, whereas in the case of a Coasean allodial approach, it would only have to be assessed once, at the time the permit was issued (by auction, or whatever) --after that, there would be allodial ownership of the permit, and the owner could then sell or rent it to others on the market.

So, the transaction cost would still be higher for a Coasean Georgist approach, even for tradeable permits.

And, more importantly, in the case of paying rent for land area, the transaction costs for a Coasean Georgist approach would be much higher than for a Coasean allodial approach, because of the cost of assessing land value separately from improvement value under a Coasean Georgist system, plus the cost of collecting the land rent and distributing it.

A Coasean approach would weigh: (a) the economic benefits of Georgist policy against (b) the higher transaction costs involved in a Georgist approach (assessing land value separately from improvement value, collecting the land rent, and distributing the land rent), plus the costs of any disincentive effect if the assessments are inaccurate, and accidentally include some improvement value in the land value assessment.

***

Mase Gaffney wrote (5/29/99):

Seems clear to me that if Exxon has to pay me for polluting my beach,we'll get a lot less pollution there than if I have to pay Exxon NOT topollute their beach. Not clear to me how anything above changes that. Am I missing your point?

Mike O'Mara, responding to Mase Gaffney (5/29/99):

Coase pointed out that, if the law does not hold the polluter liable, then the neighbors would have to pay the polluter to pollute less (suchas Exxon), so they would then have paid less for their land, since itwould be less valuable. Or, if the law did hold Exxon liable, then theneighbors would have paid more for their land, because it would then be more valuable.

Either way, the level of pollution and the distribution of wealth wouldbe the same, if transaction costs are zero

Mase Gaffney:

Does Coase's conclusion about the effect on land values address yourpoint?

Mike O'Mara, responding to Mase Gaffney:

Actually, in order to address your point more fully, I'll point out that the Coase theorem seems to refer to comparing different liability rules, if starting from the same ownership situation -- for example, a starting situation where you own the beach, and we are comparing the different effects if Exxon is liable versus if Exxon is not liable.

But the purpose of the Coase theorem does not seem to be for comparing two different ownership situations, such as comparing one situation where you start out by owning the beach versus a different situation where Exxon starts out by owning the beach. Instead, the point of the Coase theorem is that, in a given ownership situation, differing liability situations lead to different levels of output and distribution of wealth only if transaction costs are much greater than zero.

Also, Coase states explicitly that the Coase theorem does not apply to the case where new rights are recognized that were not previously recognized. For example, suppose Exxon started out by owning the beach, but later society suddenly recognized Georgist rights regarding access to land value.

The rules of ownership rights would then have changed unpredictably, so in that case only, Coase would conclude that the level of pollution and the distribution of wealth would be different depending on whether Exxon was found liable, even if transaction costs were zero.

A more interesting case might be where Exxon recently became the owner of the land, but at the time they bought it, Georgist views had already become widely discussed among the public. So, if transaction costs were zero, it would be no problem for Exxon's land contract to have various contingency clauses written into it, such as the buyer being excused from much of the deferred land payments to the seller, if Georgist views were later put into law within a certain number of years.

So, in that case, even the introduction of Georgist policy would still cause no difference in the level of pollution or distribution of wealth, unless transaction costs were much greater than zero.

***

Mike O'Mara wrote (5/29/99):

In the case of emissions, a Coaseian Georgist appraoch (of paying annual rent on tradeable emissions permits) would seem to have higher transaction costs than a Coaseian allodialist approach (where the permit owner would not have to pay rent for the permit). The transaction costs would be higher under a Coaseian Georgist approach because each year the permit value would need to be assessed (with the land assessed separately from the improvements), the permit revenue collected, the per capita value calculated, and the revenue distributed.

Dan Sullivan, responding to Mike O'Mara (5/29.99):

I am confused about why the approach need be so complicated, or why the "land" value of a permit would have to be separated from the "improvement" value. What improvement value? As I see it, the community might decide to charge $x per ton of sulfer dioxide admitted. The charge would be the same for everyone in the area, unless it could be shown that pollution in some zones (such as upwind of the population center) was more destructive than in other zones. No big deal. The only assessing required would be to determine how much pollution was actually being generated, which would be necessary in the allodial case as well. Because pollution is an extraordinary use, it seems that the community could, by right, charge whatever it cared to charge so long as it was consistent. As an economic matter, however, it should endeavor to charge the amount that will return the highest yeild overall, when combining these charges with rents. A charge increase that lowers rents by more than the revenue from the increase is clearly not reflecting the values of the community.

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Harry Pollard wrote (5/30/99):

I must confess I don't understand the significance of Coase, but then I don't understand the significance of a lot of modern economic theory. Rent can be defined as the sum of the advantages, less disadvantages, that attach to a site. Anyway that's the way I regard it -- not specifically relating it to the margin. If a beach is at sufficient risk from pollution to be significant, the Rent will be less. If the beach is not at risk the Rent will be greater. So? The other issue is the liability of Exxon. The beach is the private property of the holder -- now, or in the geocracy. How can "the law" not hold responsible the person or company who harms another's private property? On the other hand as said Micawber: "The law is an ass."

Dan Sullivan, respondings to Harry Pollard (5/30/99):

As I understand it, if the beach bears the risk, the theory is that they would pay Exxon to build double-hulled ships, etc., in order to reduce that risk, which would indeed, reduce the rental value of the beach(es). If Exxon bears the risk, they would build the double-hulled ships, etc., on their own, in which case the rental value of the oil deposits would be lower, since this cost would attatch to extracting the oil. The key is that the transaction costs would be much lower if Exxon were directly responsible for their actions. Otherwise, every beach community would have to be inquiring about every oil shipper, negotiating to pay them to engage in various safety practices, and might even have to hire people to inspect and make sure the contracts had been upheld. This would obviously bog down the process enormously. Despite the vagaraties of the court system, it is still much cheaper, in terms of transaction costs, to make Exxon directly responsible and sue their assets off than to pay them not to endanger the beaches. That seems to be what Coase is driving at, as I understand O'Mara's understanding of it. Coase would then be arguing that responsibility should be assigned in a way that will minimize these transaction costs. I would suppose, then, that various other behavioral changes would also emerge as transaction costs. For example, if the beaches were paying the cost of double-hulling the boats, more such boats would probably be built, and fewer lifeguards hired. Thus the ripple effect of these transaction costs are myriad. I can therefore accept Coase's ideas as conceptually sound but not implementable in a formulaic or quantifiable way.

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Mase Gaffney (5/31/99):

Here's a simple way to grasp Coase. In the 1960's idyll (before VN screwed things up) the idea was gaining ground of going after polluters, Polluters took alarm. They needed a diversion. Enter Coase, with soothing syrup.

Fred Foldvary, responding to Mase Gaffney (5/31/99):

On the timing, Coase had already entered in 1960 with his article "TheProblem of Social Cost".

Mase Gaffney (5/31/99):

He says, it doesn't matter to whom you give these rights, it will all work out the same, due to the magic of the market.

Fred Foldvary, responding to Mase Gaffney (5/31/99):

He said IF transaction costs were zero, and what does not differ is the efficient price to be paid to either compensate for or avoid the pollution, but that the distribution of the benefits is NOT the same and DOES depend on the property rights.The main point of the Coase theorem is that the initial allocation of legal entitlements does not affect the effeciency of the result. The equity or justice of the result is of course affected. Hence, the Coase theorem in no way warrants the grandfathering (and, to be genderically correct, the grandmothering) (grandparanting?) of the polluters with the tradable permits. I don't know what Coase thinks about tradable pollution permits. But economists generally recognize that the Coase theorem by itself does not warrant such permits. See for example Robert Cooter's entry on the "Coase Theorem" in the New Palgrave Dictionary of Economics (available at most libraries). Cooter states that the social cost of a polluter obtaining a coupon exceeds his private costs, so polluters will acquire too many of them. This creates a divergence between private and social costs, an externaltiy, contrary to the Coase theorem. So the attempt to eliminate externalities by setting up an artificial market for pollution permits just gives rise to a new type of externality. See also Cooter, January 1982,"The cost of Coase", Journal of Legal Studies. Another problem with Coase is that even if transaction costs are low, there are strategic elements in bargaining, i.e. game behavior, in splitting up the surplus. So in the real world, negotiations don't necessarily come to an efficient conclusion, but can result in a union strike or failure to come to an agreement. See Regan, October 1972, "The problem of social cost revisited", Journal of Law and Economics. Like a frictionless physics model, the zero-transactions model is a logical construct with restrictive, unrealistic assumptions, but which illuminates certain economic principles. To apply it to the real world, we then need to put the friction back in and relax the assumptions. And then adjust for equity or justice. The real implication of the Coase theorem is that it is good to reduce transaction costs. But whoa there! Taxes on transactions are a major transaction cost! To reduce transaction costs, taxes on income, sales, and capital goods must be eliminated. The rent tax minimizes tax-transaction costs. Coase is really George friendly, taken at its word.

Mase Gaffney:

Coase went along with the game, which catapulted him to fame and Nobel-ity.

Fred Foldvary, responding to Mase Gaffney (5/31/99):

Do you have a reference we can look up re "went along"?

***

Harry Pollard wrote (5/31/99):

How can "the law" not hold responsible the person or company who harms another's private property?

Mase Gaffney, responding to Harry Pollard (5/31/99):

The issue often arises over common property, e.g. beaches on the Pacific Coast, or air, or waters. The trick for environmentalists (who are Georgists when they uphold common rights) has been to establish that the proper valuation of these is what the polluter would have to pay the public to buy them (or a pollution easement over them); not what the public would have to pay the polluter NOT to dirty them, or the power company not to dam them, etc.

Harry Pollard wrote (5/31/99):

On the other hand as said Micawber: "The law is an ass."

Mase Gaffney, responding to Harry Pollard (5/31/99):

It was Mr. Bumble, and he said "If the law presumes that (that a man controls his wife), then the law is a ass." Note the conditional nature of the statement, and the bad grammar (he was an Englishman, after all). Even the law has learned something from Mr. Bumble in the last 150 years.

***

........, responding to Dan Sullivan (5/30/99):

Thanks, Dan, I'm still in the dark and have been since I first heard of Coase and his theorem.

Mase Gaffney, responding to Dan Sullivan (5/31/99):

Here's a simple way to grasp Coase. In the 1960's idyll (before VN screwed things up) the idea was gaining ground of going after polluters, big time. (LBJ was going to make the Potomac swimmable and drinkableagain, remember?) Economists criticized "command and control" regulatory thinking and policy, and proposed instead to tax effluents, on the"Polluter Pays" principle. Charge the polluter according to damages inflicted, then let him decide how best to abate the offense by modifying his processes, and/or his products. They cited some old 1928 proposals by a bloody Pom, A.C. Pigou of Oxford, to give the whole idea some proper British cachet and understatement. Pigou, BTW, also wrote favorably of taxing LV, (with even more understatement). LBJ and his guru, Charlie Schultze, were bemused and supportive. Those were the days, my friend, we thought they'd never end, ...

Polluters took alarm. They needed a diversion. So they cooked up and marketed a rival proposal, also invoking the prestige of the market mechanism. This was to create private properties in pollution, which might then be traded. The original properties were given to existing polluters, in proportion to their histories of pollution.

Most Georgists, alas, were asleep at the switch and let all this happen without having a clue. Others, however -- common sense Georgists, let us say, who never heard of George -- objected to giving away these newly created titles to a form of property: call them "pollution easements."

Enter Coase, with soothing syrup. He says, it doesn't matter to whom you give these rights, it will all work out the same, due to the magic of the market. In those days, you only had to say "market" and 90% of Georgists would wake up and salute. Coase went along with the game, which catapulted him to fame and Nobel-ity.

At this point Gaffney screamed "OK: If entitlements don't matter, give them all to me!" But who ever listens to a nut like him. "Wait!" he cried: if you'll pay people not to pollute, I will promise not to emit 500k tons of SO-2 per day, and I'll charge only half of what Edison wants." Again, stony silence, they never returned my call, if you can believe it.

And so it came to pass that a new public domain was stolen, just like the old one, while we played in our sandpiles. Thank you, Ronald Coase!

Harry Pollard wrote (5/__/99):

I can see possibilities in other areas, but the beach is not a good example -- unless someone can put me right.

If the beach belongs to me, Exxon may nor use it to dump oil. If they do, they will pay. They will pay the costs of removal, punitive damages for the carelessness that harmed me, and an addition sum for the whiplash I suffered from the double-take when I first saw the sludge.

I don't care about their double-hulled boats, the need to inspect their operation, or the changes in their Rents.

I will have compensation from them -- and I don't care about the transaction costs.

But, perhaps the beach example isn't the best.