Stephen Hicks, Ph.D.

Philosopher

APEE panel on the ethics of the financial crisis

At this year’s APEE conference, I am chairing a session on “Ethics and the Financial Crisis.” The rationale for the session: Many conferences and debates are focusing on the economics and politics of the crisis, but much less attention is being focused on the core ethics issues involved.

Here are the participants and the titles and abstracts of their talks.

hokusai-wave-141x100Ethics and the Financial Crisis
Chair: Stephen Hicks, Rockford College

Alexei Marcoux, Loyola University Chicago
Title: “The Financial Crisis and the University-Based Business School”
Abstract: The current financial crisis is foremost a failure of public policy. Federally chartered corporations like Fannie Mae and Freddie Mac, legislation like the Community Reinvestment Act, aggressive and short-sighted enforcement of the latter by the United States Department of Justice, and protection of the former by key legislators worked together to create and burst the housing bubble lying at the heart of the current crisis. However, I argue that these public policy failures were exacerbated by some of the worst tendencies of private sector actors, many of whom are products of university-based business school education. It is popular to lament the moral education business students receive. However, it isn’t (only) the moral education business schools provide that set the stage for a stunning economic collapse. Instead, a widespread failure of prudence is to blame. Although human imprudence informs virtually all financial calamity throughout human history (think, for example, of the Tulip Mania), business schools are usually understood to be academies for inculcating prudent business judgment. To the contrary, I will argue that business schools are informed by and teach a form of rationalism that is, in fact, incompatible with prudent business judgment. This is an ethical failing, but it isn’t what most prominent business school critics have in mind when they say business schools should be reformed.

Shawn Klein, Rockford College
Title: “Home, Sweet Home? The Paternalism of Expanding Homeownership”
Abstract: One of the main sources of the recent financial crisis was the government created institutions, such as Fannie Mae, and legislation, such Community Reinvestment Act. Part of the way these contributed to and brought about the crisis was in twisting incentives in order to expand homeownership. This paper will analyze one of the main justifications for these institutions: paternalism. Paternalism is the view that it is justifiable to interfere in the actions of individuals, against their will, for the well-being of those individuals. Most agree that it is appropriate for political authority to be exercised against those who interfere with the liberty of individuals, as in the case of theft or rape. Paternalism, however, seeks to justify the use of political authority to curtail an individual’s liberty in the absence of a harm being done to anyone else if this will make that individual better off. The two main questions this paper will address: (1) are these homeownership expanding institutions and legislation paternalistic? And (2) if they are paternalistic, and if paternalism itself is not justified, does this undermine the moral authority of these institutions and legislation?

Jeff Scott, Cognilytics
Title: “Kleptosclerosis: Banking Crises and Corruption”
Abstract: The U.S. mortgage market once again features prominently in the latest financial crisis. From Right to Left, blame is directed at the unintended consequences of welfare policies in housing. From Left to Right, blame is directed toward crony capitalists. Both accusations hold a grain of truth but both are fundamentally mistaken since they don’t identify the hierarchy of causation. Public policies geared toward fueling the housing market for the marginal class of borrowers intensified the boom. That in turn, focused the debate on forms of constituency service (CRA) to traditionally Democratic voters. Alternately, politically-connected bankers benefited mightily during both the boom and the bailout, claiming events were beyond their control, and have prompted Milken-esque searches for retrospective criminality and financial chicanery among the most elite institutions.
However, the cause that made all of these other contributing causes possible is the system of banking itself, of consumer deposits made available for lending, which holds a fraction of consumer deposits in reserve against potential future losses. Leveraged deposits are the essential element of the boom, the crack cocaine of the financial industry. The central bank effectively lowers the perceived risk of lending and investment strategies by protecting deposits and by artificially reducing the cost and variability of funding. By maintaining an expectation of plentiful, indiscriminate and unvarying funding, combined with political favoritism, the central banking system induced an investment monoculture. The dominant portfolio strategy consisted of a one-way bet on the continued rise of housing prices. The subsequent rush to the exits was a reminder of how layers of moral hazard can explode. Financial gatekeeper functions eroded at every possible level, from borrowers and their representatives all the way to the chairmen of the world’s largest banks. The reaction to the bust has intensified all of the wrong trends: more indiscriminate liquidity, more policies to drive up house prices, more political control over mortgage contracts, more risk assets held by the central bank, more danger to the currency, more regulatory forbearance for the zombie institutions, more executive discretion over the flow of capital. Instead of wringing the failure out of the system and punishing financial mismanagement and accelerating bankruptcy and reorganization, U.S. policies pursue the opposite and will entrench “Captain Renault” corruption in the banking system. As long as gatekeepers continue to look the other way, in unison, and benefit collectively from willful negligence, the financial markets will be increasingly managed with regard to constituency service. I call this economic condition “kleptosclerosis,” the redirection of financial capital to the corrupt.

Will Thomas, Director of Programs, The Atlas Society
Title: “Greed, Reason, and Risky Business”
Abstract: Is greed is to blame for bad and risky behavior, and for the 2008 credit crisis in particular? A distinction needs to be drawn between rational greed and irrational greed. Greed, in its basic sense is the desire for more self-centered benefit. Plainly, this can be morally right: a hunger for life, for living well, for happiness, and for the means to these ends. What is thought of as morally wrong is short-sightedness, a grasping moral solipsism, or a miser’s quest for riches detached from non-monetary ends. A rational approach is the opposite of short-sightedness, social indifference, or blind obsession. Means and risks must be rationally assessed. It is here that many capitalists failed.

apee-50x89The conference will be held from April 11-13, 2010 at Caesars Palace, Las Vegas, Nevada. (Aside from the stimulating intellectual discussions, wonder if there’s anything else to do there.)

Posted 6 months ago at 1:51 pm.

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Socrates’ two bad arguments for not escaping

socrates-lysippus-100x121In the Crito, Socrates is in prison awaiting execution for impiety and corrupting the youth. His impiety was judged to be a matter of questioning and possibly disbelieving the traditional gods, and his corrupting the youth was a matter of his teaching them to do the same.

Crito arrives at the prison having arranged an escape opportunity for Socrates, and they proceed to debate whether it would be just for Socrates to escape.

Socrates argues that while the verdict was wrong, it was nonetheless reached through legitimate procedures — the trial was conducted according to the established rules, he had a chance to make his case, and the voting was done by citizens.

Thus we have to choose whether content justice (getting the right result) or procedural justice (following the right procedures) is more important.

Socrates argues the latter (50b-c), while I argue the former: The most important goal in justice is achieving actual justice; secondarily we establish procedures that we think will achieve actual justice; when those procedures fail to do so, we should alter or override the procedures.

Socrates also points out that, additionally, we have to choose whether the social peace the laws enable is more important than the life of an innocent man (50c). Socrates argues the former, while I argue the latter: we form social groups for the advancement of the interests of the individuals involved, and when the social group makes a mistake it is the social that should take the hit, not the innocent individual. On this proto collective-versus-individual issue, Socrates is more collectivist while I’m individualist.

In support of his position, Socrates makes a strongly paternalistic claim at 50d-51d, arguing that since the laws enabled his father to marry his mother, the laws are as much his parents as they are. He also points out that the laws commanded his parents to educate him. Consequently, he is both the “offspring and slave” of the laws (50e) and owes them the same unconditional obedience that children owe their parents and slaves owe their masters (51b).

Also in support, Socrates makes an early social-contract style claim at 51d-52a, arguing that when he reached the age of majority, he chose voluntarily to stay and live in Athens and that he did so knowing how justice was administered there. He therefore made an at-least implicit contract with Athens to do what the laws say.

david-the-death-of-socrates-133x100Both arguments support the same ultimate conclusion: In this case the laws are ordering him to die, so he is obligated to obey the order and die. So it is on to the Phaedo and the death scene.

I admire Socrates for his commitment to reason, his courage, and his integrity in acting on his principles, but I disagree with his principles.

We have four issues at hand:

1. Procedural justice or content justice?
2. Collective security or individual life?
3. Legal paternalism or the law as servant?
4. What are the terms of the implicit social compact?

For this post let me just make two quick points about issue 4, which I think is the most interesting one, and leave the rest for follow-up discussion.

A. I think Socrates’ argument in issue 4 contradicts his position in issue 3. In issue 3 he argues that he’s the slave of the laws and owes them unconditional obedience, implying that he has no choice at all in the matter. In issue 4, he argues that he made a decision to stay when he could have left, implying that he was a free agent with a choice in the matter.

Is there a contradiction? If so, why? I don’t think Socrates and/or Plato were too stupid not to have noticed it. So is it a matter of making whatever arguments will appeal to the likely different audiences — the slave/child argument for the more traditionally inclined and the social compact argument for the more modern? And if the arguments being made are driven by such rhetorical considerations, what does this imply for the claim at Socrates’ trial that he was a sophist, given that sophistic strategy is to make whatever argument will work for the audience(s) at hand.

B. If one accepts the premise of the social compact as Socrates lays it out, there’s still the question of the other side of the compact. Citizens may have obligations to the law, but the law in turn has obligations to the citizens. If the law fails to fulfill its obligations, e.g., by threatening to kill an innocent citizen, does this not mean that the law has broken the agreement? And if the agreement is broken by one party, is the other party not then released from its obligations to uphold its side of the agreement? Thus Socrates, an actually-innocent man, is free to escape an injustice, if he so chooses.

Feel welcome to follow up in the comments.

Posted 10 months, 3 weeks ago at 3:56 pm.

3 comments