With regards to the black market situation, without enforcable “rights”, you can have no capitalism. The reason for this is due to the fact that without “rights”, I have as much claim over any resource as much as you do. You cannot give me “your” book for “my” apple, because it is not “your” book, and it is not “my” apple. It is simply what I am holding at the moment, and what you are holding at the moment.
If you should hit me over the head and steal the apple, then overall economic wealth may or may not be maximised. Consider.
Apple: Worth $2 to me, $5 to you.
Book: Worth $5 to me, $2 to you.
I have the apple, you have the book. Your wealth is $2, mine is $2. Total wealth $4
Under capitalism, wealth maximisation is reached because we agree to exchange the apple for the book. As it stands, each of us will then have something worth $5. Therefore, the total wealth is now $10. Therefore, capitalism has resulted in a wealth maximisation.
But if there were no rights, I don’t actually “have” $2. And neither do you. You may choose to relieve me of my apple at any time, and if I am too weak to resist, then you will have $2 + $5 (nominal value, because there can not really be any exchange), and total wealth is $7. This, obviously, is not maximal wealth, as we have established, is $10.
This is why property rights are generally considered to be a basis for rational society, and not simple the “gunman situation writ large”.
Now, to consider the effectiveness of capitalism in society.
I am not arguing that capitalism cannot be used. Clearly, it has resulted in the advance and great creation of wealth. However, we need to consider the assumptions that capitalism makes, to determine what KIND of markets it will cause to maximise economic wealth.
- Humans are rational beings.
- Humans always act to maximise their wealth.
- There is a perfect market
3a) There is perfect knowledge
3b) There are many suppliers and consumers
3c) There are no transport costs
- There are no transaction costs.
If all of these criteria are fulfilled, then capitalism will work to result in economic wealth maximisation, if indeed that is your aim.But in the real world, these will definitely NOT be the case.
Example:
High transaction costs. I have an apple, you have a book. As in the example above, the optimal solution is for us to exchange our goods, and total wealth will be $10, an increase of $6.
However, if transaction costs are say $7 (say I have to call you, take a taxi to your place, whatever), then I will not seek you out, and we will remain at $4. However, we have already shown that this is not maximised economic wealth.
Example:
Consumer rights. There is imperfect knowledge, and an imbalance in bargaining position, therefore consumers will not be able to get a good a “deal” as the would have gotten if they had bargained for the good. If such bargaining were to take place, the transaction costs would be overwhelming, and result in less than maximal economic wealth. The law therefore steps in, and assumes that if the consumers could bargain, this would be what they would bargain for.
Let’s then assume you are a smart consumer. If you could deal with McDonalds, and tell them that they could heat their coffee as hot as they wanted, and you would be careful and not sue them, then perhaps they would save $1 per cup (for ease of numbers sake). This savings would presumably be split between the two of you, and wealth is maximised by cutting unecessary costs.
However, you are not allowed to transfer your rights. This is the crux of my argument - maximal economic wealth is NOT always the aim! Sometimes, the aim is simply to protect the consumer. To do the “right” thing. The law in this case steps in and MANDATES a suboptimal solution, because either the
- Market would fail (McDonalds forms a cartel with all producers, and they all include clauses that demand you give up your right to sue)
- Market would give a suboptimal solution due to transaction costs.
- It’s simply immoral.
Again, I’m not saying that capitalism is wrong, or bunk, or whatever. It is effective in the sense that if its assumptions are true, or close to true, then it forms a very effective way of maximising economic wealth (if that is your goal). It cannot, however, be applied to everything. Certainly, if it were applied to everything, then I would not want to live there. Clearly, it is not “the only game in town”.