≡ Menu

Knowledge vs. Calculation

[From Mises Blog, July 11, 2006, archived version with comments (below).

For more on this issue see also ]

Update:

@miguelhzv Tweet:

The debate on the dehomogenization of Mises and Hayek in socialist economic calculation.

Mises said in 1920 that socialism was impossible as a system of rational allocation.

The argument is that without private ownership of the means of production there is no genuine exchange of factors, without genuine exchange of factors there are no real monetary prices, without prices there is no cardinal calculation, without calculation there is no way to compare alternative uses of scarce resources.

It’s not a problem of the amount of information or computing power. It’s that the very data you need to calculate (the monetary price resulting from competitive bids between owners who risk their own assets) doesn’t exist without the institution of private property.

Eliminate property and you eliminate the possibility of economic rationality. Period.

Hayek shifted the focus. Instead of ownership and calculation, he emphasized dispersed knowledge and coordination.

Prices, in their own way, are signals that transmit fragmented information that no planner could centralize. It’s a valuable observation about how the market works, I don’t deny it. But as an argument against socialism, it’s weak.

Because if the problem is that the planner doesn’t have enough information, then in principle, they could have it. With better computers, with artificial intelligence, with preference-revealing mechanisms.

The door was left ajar, and through it entered Lange, Taylor, and all the market socialists of the 20th century with their solutions that Mises had already refuted at their root before Hayek published a single line on the subject.

Salerno traced the intellectual genealogy, and what he found is revealing. Hayek does not inherit from Menger and Böhm-Bawerk on this point; he inherits from Wieser, who believed that an omniscient dictator could indeed calculate by imputing subjective values ​​without the need for actual exchange. Mises broke with Wieser explicitly. Hayek did not.

Hoppe formulated it logically: “Socialism is a problem of property, not of knowledge.”

Think of it this way: a family centralizes knowledge, a company centralizes knowledge, a CEO makes decisions with incomplete information. No one would say that a family or a corporation is socialist because of that.

They work because they operate within a framework of private property where external prices exist and allow for economic calculation.

What distinguishes socialism is not the centralization of information but the abolition of private ownership of the factors of production.

Give the Soviet planner all the information in the universe (every consumer’s preference, every technical data from every factory, every climatological variable) and he still cannot calculate, because the problem is not that he lacks data but that he lacks the institution that generates the only economically significant data.

Hoppe also dismantles Hayek’s most famous tin metaphor. Hayek says that when the price of tin rises, consumers don’t need to know why: the price communicates scarcity.

And this sounds elegant, but it reverses causality. Price doesn’t communicate anything as if it were a coded message. Price is the result of prior exchanges between owners. Without ownership, there is no exchange. Without exchange, there is no price. Without price, there is nothing to communicate.

The knowledge that prices supposedly convey does not exist outside the institutional framework that generates them. Confusing cause with effect is precisely what makes Hayek’s argument vulnerable.

Hülsmann delved into another aspect that the Hayekian version neglects: business judgment. Knowledge without judgment is sterile.

The entrepreneur is not a passive recipient of price signals; he is an actor who estimates, takes risks, and transforms.

It values ​​the future value of productive factors under radical uncertainty, and that value only makes sense when it risks its own property.

Profit and loss are not mere indicators; they are the disciplinary mechanism that filters correct judgments from incorrect ones.

A bureaucrat who manages other people’s resources may know everything you want, but without skin in the game his judgment lacks the discipline that only personal loss imposes.

Hülsmann insists that business valuation presupposes ownership, not information. And without valuation, no calculation is possible, no matter how much data you accumulate.

Kinsella connected this to law, an angle that is usually ignored. Economic calculation presupposes the peaceful resolution of conflicts over scarce resources. Private property is not only a condition of calculation; it is the condition of social peace that makes exchange possible.

Abolishing private property not only destroys prices; it generates endemic conflict over who uses which resources and how. And in a regime of permanent conflict, the very notion of knowledge coordination is an academic fantasy.

Herbener placed Mises where he belongs, in the direct Menger-Böhm-Bawerk line, deductive, praxeological, centered on human action and property.

Hayek veers toward a more empiricist, more sociological evolutionism, where institutions emerge through blind selection and knowledge takes precedence over property. There is descriptive merit in that, but as an argument against socialism, it is a degradation.

Rothbard wrote as the Berlin Wall was falling, and his tone is one of historical vindication. The USSR did not collapse because it lacked computers or because knowledge was poorly coordinated.

It collapsed because it could never calculate. It survived for decades by parasitizing the prices of the capitalist world for its own internal decisions and using the black market as an escape valve.

When those external supports weakened, the building collapsed. Those who said Hayek had won the debate were wrong. Mises won, because his argument was correct: it’s not a practical problem that can be solved with better technology or better management. It’s a logical problem inherent in the abolition of property.

Yeager tried to salvage the homogenization by reducing the calculation to arithmetic; once you have the data, calculating is trivial. Salerno destroyed this in the rebuttal.

The problem of calculation in Mises is not one of mathematical manipulation of given data. It is one of the origin and significance of that data.

Where do prices come from? From voluntary exchanges between owners who risk their capital. Without ownership, data simply isn’t generated.

It’s not that the planner has the data but doesn’t know how to add it up; it’s that the data doesn’t exist. By equating calculation with knowledge, Yeager unwittingly ends up on Lange’s side.

Huerta de Soto offers the most comprehensive synthesis. He acknowledges differences and appreciates Hayek’s contributions to the analysis of the market process, but he takes a hard line: socialism is institutional aggression against the entrepreneurial function.

Without private property, entrepreneurship cannot generate the information that enables calculation. Everything Hayek describes—discovery, coordination, learning—presupposes an institutional framework of property that socialism destroys.

Hayekian dynamism is real, but it’s a derivative phenomenon. The cause is ownership. And Huerta de Soto also shuts the door on contemporary fantasies: neither artificial intelligence, nor big data, nor shadow prices solve anything, because the problem was never computational. It was and continues to be institutional.

Every advance in computing revives socialist hopes, fueled by the belief that we can finally centralize information. (I have an article on this topic.)

If Mises’ original formulation had been maintained (without property there is no calculation, and there is no technology to replace it), those answers would have been recognized as absurd from day one.

And today the argument returns in new guises. They tell you that artificial intelligence can be used to plan an economy.

Leigh Phillips and Michal Rozworski argue that Amazon’s or Walmart’s algorithms are already central planning that works. But they ignore the fact that Amazon operates within a free-market system with private ownership, competition, and entrepreneurial risk.

What Amazon achieves internally is calculation within a capitalist framework, using external prices as a reference. Remove that framework and Amazon becomes another Gosplan. Technology does not replace ownership. It never has and it never will, because the problem is not technical. It is praxeological.

Private property is not a complement to the market. It is its condition of existence. Without property there is no exchange. Without exchange there are no prices. Without prices there is no calculation. Without calculation there is no economic rationality. Without economic rationality there is no complex civilization.

The chain is logical, not empirical, and no technological advance alters it because it does not attack the correct link.

Mises resolved the debate on socialist calculation in 1920. Salerno, Hoppe, Rothbard, Hülsmann, and Kinsella deepened it, reinforced it, and connected it with the theory of property and law.

Hayek made useful observations about how the market works, but his reframing of the problem as a question of knowledge was a misdirection.

Socialism is not difficult. It is not inefficient. It is not a problem of management, information, or technology. It is impossible as a rational system of organization.

And it is for a reason that no technical progress can overcome: it destroys private property, and with it, all possibility of economic calculation.

Knowledge vs. Calculation

July 11, 2006 9:24 PM

On occasion I’ll see someone try to smooth over the Mises-Hayek “dehomogenization” debate which argued whether and to what extent Mises’s and Hayek’s approaches to the impossibility of socialism differed. One side–what I’ll call the Rothbardian or praxeological-Misesian view–sees Mises’s insight as having to do with the use of money prices to serve as a cardinal unit for purposes of economic calculation. This approach is championed by Rothbard, Hoppe, Herbener, Salerno, Huelsmann, and others, and arguably Mises. This view also sees Hayek’s contribution as different, and as possibly confused or flawed: that prices help to spread otherwise localized information through the economy, thus enabling efficient use of resources. The Hayekians tend to emphasize the knowledge or informational aspects of money, but also maintain that this is just “the other side of the coin” of Mises’s insights.

See, e.g., Yeager, in Mises and Hayek on Calculation and Knowledge, “question[ing] the supposed distinction between calculation and knowledge problems.” See also: Pete Boettke, Hayek and Market Socialism: Science, Ideology, and Public Policy (Don Lavoie [in Rivalry and Central Planning, 1985] argued that one must read Mises and Hayek’s arguments as two sides of the same coin, and I follow him in this regard and will not dehomogenize their different contributions to the analysis of socialism”); also his Economic Calculation: The Austrian Contribution to Political Economy (“the essential argument that Mises and Hayek rose against socialist proposals–the problem of economic calculation–and their understanding of how the private property system affords monetary calculation are complementary contributions to economic theory”).

Also see Steve Horwitz, Monetary Calculation and the Unintended Extended Order: The Misesian Microfoundations of the Hayekian Great Society (“An Austrian economics for the 21st century is going to have to rediscover those Misesian insights and more fully integrate them with Hayek’s work on knowledge and coordination. … a “praxeological” social scientist has both a Hayekian and a Misesian task: The Hayekian task is to recognize and describe the nature of the unplanned order that is to be explained, while the Misesian task is to describe the process by which intentional human action is guided such that it can produce that Hayekian order. … The “de-homogenizers” have … correctly identified microfoundations [including] the importance of monetary calculation and Mises’s concept of “appraisement,” but … they ignore what seems to be the obvious relationship between those microfoundations and Hayek’s vision of the social order. That is, they ignore that the outcome of the use of economic calculation by individual entrepreneurial actors and by firms and households is precisely the “use of knowledge in society” that characterizes the Hayekian spontaneous market order.”).

Also: Bob Murphy in a recent post wondered: “I don’t understand why Salerno (and Kinsella and perhaps others too on their side of this) think it so crucial to hammer home the point that market prices don’t convey knowledge.” Murphy and I had some back-and-forth on this in the comments to this post, as well.

(Some more information is available on the Wikipedia entry on the economic calculation debate.)

So the Rothbardians/praxeologists view the Mises and Hayek approaches as different (and the latter as a weaker point, at best, or confused and distracting, at worst); while the Hayekians claim the approaches are complementary and intertwined.

On occasion I have corralled and summarized some of the resources but do this often enough that I thought it might be useful to put some of the links and references in one place. It is my view that the (primarily Rothbardian/praxeological) sources below, at the very least, make it difficult to argue that the two approaches are “two sides of the same coin”. Below is a brief discussion and summary of and some links to some of these arguments.

***

What I take to be the Rothbardian or praxeological-Misesian approach to the socialism-knowledge-calculation debate is found in the writings of: Salerno (Economic Calculation in the Socialist Commonwealth: Postscript: Why a Socialist Economy is “Impossible”, Reply to Leland B. Yeager on “Mises and Hayek on Calculation and Knowledge”, Ludwig von Mises as Social Rationalist), Hoppe (Socialism: A Property or Knowledge Problem?), Hülsmann (Knowledge, Judgment, and the Use of Property), Herbener (Calculation and the Question of Arithmetic; Ludwig von Mises and the Austrian School of Economics), Rothbard (The End of Socialism and the Calculation Debate Revisited), and, of course, Mises (The Equations Of Mathematical Economics And The Problem Of Economic Calculation In A Socialist State; Economic Calculation in the Socialist Commonwealth; Human Action, esp. Ch. 16, Secs. 1, 2, and 3).

A summary of some of these views is found in my essay Knowledge, Calculation, Conflict, and Law. See. e.g. p. 53 and n. 8 [of the original; see text at n.27 of the LFFS version], discussing Hülsmann‘s discussion of Hayek’s tin example:

In this example, what information, exactly, is supposed to be conveyed by prices? Let us explore the possibilities. Can the original cause of the price increase (i.e., the change in demand or supply) itself be conveyed via prices? Well, no. Prices are the result of action. Thus, action that changes the prices must already be informed by knowledge.8

8 In other words, the prices generated on the market are past prices, which are always the outcome of action, not its cause. Hülsmann (p. 26) explains that “all information that this action was based upon had to be acquired beforehand. The price itself could not have communicated the knowledge that brought it [the price] about.” With regard to the tin example, “tin does not become scarcer and then this fact can come to be known to someone and lead to adaptations. Rather it is the other way around. The very fact that demand increases means that someone already knows of a more value-productive employment of tin” (p. 28).

Note that even Hayek says that mere users of tin do not know “anything at all about the original cause of these changes.” So prices might rise for a number of reasons: 1. because some people correctly assess that supply is reduced and therefore bid prices up; 2. because some people mistakenly believe supply is reduced and therefore bid prices up; 3. because some people correctly assess that demand will increase; 4. because some people mistakenly forecast that demand will increase. Etc. So if price goes up does it give you any information? All you know is it went up for some reason. You don’t know why. The people who bid it up know why they bid it up, based on their own assessment and knowledge–which is of necessity information they have that they did not get from prices; it is their knowledge and opinions that they use to form the price, not the other way around.

In fact it’s important to realize, in my view, that it is not a bad thing that information is “dispersed.” In fact, as Salerno points out,

dispersed knowledge is not a bane but a boon to the human race; without it, there would be no scope for the intellectual division of labor, and social cooperation under division of labor would consequently, prove impossible.

Joseph T. Salerno, “Reply to Leland B. Yeager on Mises and Hayek on Calculation and Knowledge,” Review of Austrian Economics 7(2) (1994): 111–126, pp. 114–15.

Prices are important because they serve as an “accessory of appraisement.” “Current” (immediate past) prices tell only what the current price structure is, and thus serve as a basis for forecasting what the future array of prices will be, given the current starting point. For this reason, Hülsmann argues (p. 47) that present prices “can have no communicative function because they are only the, if indispensable, starting point for our understanding of the future.”

Some of Mises’s writing is extremely useful here, on the formation of prices and the distinction between future and past prices. See, e.g., Human Action, ch. 16 sec 3, pp. 336-37:

In drafting their plans the entrepreneurs look first at the prices of the immediate past which are mistakenly called present prices. Of course, the entrepreneurs never make these prices enter into their calculations without paying regard to anticipated changes. The prices of the immediate past are for them only the starting point of deliberations leading to forecasts of future prices. The prices of the past do not influence the determination of future prices. It is, on the contrary, the anticipation of future prices of the products that determines the state of prices of the complementary factors of production. The determination of prices has, as far as the mutual exchange ratios between various commodities are concerned, no direct causal relation whatever with the prices of the past. The allocation of the nonconvertible factors of production among the various branches of production and the amount of capital goods available for future production are historical magnitudes; in this regard the past is instrumental in shaping the course of future production and in affecting the prices of the future. But directly the prices of the factors of production are determined exclusively by the anticipation of future prices of the products. The fact that yesterday people valued and appraised commodities in a different way is irrelevant. The consumers do not care about the investments made with regard to past market conditions and do not bother about the vested interests of entrepreneurs, capitalists, landowners, and workers, who may be hurt by changes in the structure of prices. Such sentiments play no role in the formation of prices. (It is precisely the fact that the market does not respect vested interests that makes the people concerned ask for government interference.) The prices of the past are for the entrepreneur, the shaper of future production, merely a mental tool. The entrepreneurs do not construct afresh every day a radically new structure of prices or allocate anew the factors of production to the various branches of industry. They merely transform what the past has transmitted in better adapting it to the altered conditions. How much of the previous conditions they preserve and how much they change depends on the extent to which the data have changed.

The economic process is a continuous interplay of production and consumption. Today’s activities are linked with those of the past through the technological knowledge at hand, the amount and the quality of the capital goods among various individuals. They are linked with the future through the very essence of human action; action is always directed toward the improvement of future conditions. In order to see his way in the unknown and uncertain future man has within his reach only two aids: experience of past events and his faculty of understanding. Knowledge about past prices is a part of this experience and at the same time the starting point of understanding the future.

If the memory of all prices of the past were to fade away, the pricing process would become more troublesome, but not impossible as far as the mutual exchange ratios between various commodities are concerned. It would be harder for the entrepreneurs to adjust production to the demand of the public, but it could be done nonetheless. It would be necessary for them to assemble anew all the data they need as the basis of their operations. They would not avoid mistakes which they now evade on account of experience at their disposal. Price fluctuations would be more violent at the beginning, factors of production would be wasted, want-satisfaction would be impaired. But finally, having paid dearly, people would again have acquired the experience needed for a smooth working of the market process.

“As has been mentioned already, the obliteration of the memory of all prices of the past would not prevent the formation of new exchange ratios between the various vendible things. But if knowledge about money’s purchasing power were to fade away, the process of developing indirect exchange and media of exchange would have to start anew. It would become necessary to begin again with employing some goods, more marketable than the rest, as media of exchange. The demand for these goods would increase and would add to the amount of exchange value derived from their industrial (nonmonetary) employment a specific component due to their new use as a medium of exchange. A value judgment is, with reference to money, only possible if it can be based on appraisement. The acceptance of a new kind of money presupposes that the thing in question already has previous exchange value on account of the services it can render directly to consumption or production. Neither a buyer nor a seller could judge the value of a monetary unit if he had no information about its exchange value–its purchasing power–in the immediate past.” XVIII §4

[Update: See also, on this, Salerno, Ludwig von Mises as Social RationalistRAE, Vol. 4 (1990), p. 44.

But see Rothbard, in MES, ch. 4, §5.B, who seems to have a different take than Mises here, though he is not discussed or cited:

“In such a [barter] society, if all previous markets and knowledge of previous prices were somehow wiped out, there would, of course, be an initial period of confusion while each individual consulted his value scales and tried to estimate those of others, but there would be no great difficulty in speedily re-establishing the exchange markets. The case is different in a monetary economy. Since the marginal utility of the money commodity depends on previously existing money prices, a wiping out of existing markets and knowledge of money prices would render impossible the direct re-establishment of a money economy. The economy would be wrecked and thrown back into a highly primitive state of barter, after which a money economy could only slowly be re-established as it had been before.”]

For some other interesting views on this:

  • Murray N. Rothbard, “The End of Socialism and the Calculation Debate Revisited,” Economic Controversies (Auburn, Ala: Mises Institute, 2011), p. 846 (“the entire Hayekian emphasis on ‘knowledge’ is misplaced and misconceived”)
  • Jörg Guido Hülsmann, “Knowledge, Judgment, and the Use of Property.” Rev. Austrian Econ. 10, no. 1 (1997): 23–48, p. 39 (discussing “the irrelevance of knowledge problems”)
  • Joseph T. Salerno, “Ludwig von Mises as a Social Rationalist,” Rev. Austrian Econ. 4 (1990): 26–54, p. 44 (“[t]he price system is not–and praxeologically cannot be–a mechanism for economizing and communicating the knowledge relevant to production plans. The realized prices of history are an accessory of appraisement”)
  • Hoppe, “Socialism: A Property or Knowledge Problem?”, in The Economics and Ethics of Private Property, p. 146 (“Hayek’s contribution to the socialism debate must be thrown out as false, confusing, and irrelevant.”)
  • Kinsella, “Knowledge, Calculation, Conflict, and Law,” in Legal Foundations of a Free Society, p. 509 n.25: “The encoding metaphor seems to be a pseudoscientific and scientistic attempt to give this kind of economic theorizing a patina of scientific respectability by borrowing engineering terminology. It is scientistic because, in vainly trying to borrow natural science terminology, there is an assumption that only the “hard” or natural sciences have true validity. It is akin to using such inapt phrases as the “momentum” of the leading team in a basketball game, the “energy” of crystals and astral forms, or, even worse, “revving the engine” of the economy. Both economics and ethics can be sciences, but not in the same way as the causal, natural sciences.”

Update: See also these comments from Matt Machaj:

The above analysis brings us to the conclusion that socialism is (contrary to the thesis of many modern Austrians) neither a calculation, nor a knowledge problem. It has nothing to do with numbers (calculation is based on them), and it has nothing to do with the states of mind and gathered data of any kind (knowledge). It has to do with actions of private property owners and the results of the entrepreneurial process of imputation.

Prices certainly are “signals.” But they are not the signals transmitting knowledge—they are the signals of exclusion by other property owners. When some factor is priced, it means that one is excluded from using it, unless he is able to meet the condition of paying the asking price. In socialism, the central planner setting the price sets the exclusion or price for himself by himself. From this stems the absurdity of market socialism.
Prices also are not information signals about the immediate past. When an entrepreneur buys the factors today, looking at current prices, it is not the case that prices manifest only the past conditions. Today’s prices manifest current conditionspresent expectations of the private property owners—and they include current anticipations of future conditions. Therefore, when an entrepreneur looks at today’s prices, he sees not only the immediate past, but conflicting visions about the future between different private property owners. So the prices do inform us about important conditions, and their function is not just to register the past.

—Mateusz Machaj, Market Socialism and the Property Problem: Different Perspective of the Socialist Calculation DebateQJAE, Vol. 10, No. 4 (2007)

Update: See Per Bylund, “The Impotence of Knowledge in Economics,” Mises Wire (02/04/2025). This is a fascinating article. I agree that technical knowledge, though useful, is not enough to enable economic calculation. As he writes (quoting Mises):

But the practical man, eager to improve human conditions by removing uneasiness as far as possible, must know whether, under given conditions, what he is planning is the best method, or even a method, to make people less uneasy. He must know whether what he wants to achieve will be an improvement when compared with the present state of affairs and with the advantages to be expected from the execution of other technically realizable projects which cannot be put into execution if the project he has in mind absorbs the available means. Such comparisons can only be made by the use of money prices.

What Mises points to here is that technology—indeed, the knowledge thereof—is not actually helpful in deciding what projects to undergo, what products to produce, or how to best use scarce resources. In fact, more knowledge of what is possible only increases the number of possible ways one can act. But it does not provide any indication of which one is (will be) of greater value.

I quite agree. A couple (possible) quibbles, however (which I have discussed with Per on Twitter). First, Bylund writes:

Knowledge is certainly important for all kinds of things. The lack of knowledge, after all, is ignorance—and ignorance is not an appropriate means for anything.

I would not refer to knowledge as means for action. Rather, it is one of two essential components of successful action: the availability of (causally efficacious) scarce means of action, and knowledge to guide one’s action (specifically: knowledge of causal laws and what technical means work, knowledge of facts about the world, and knowledge about what future ends one expects to satisfy one’s felt uneasiness). I discuss this in “Law and Intellectual Property in a Stateless Society,” in Legal Foundations of a Free Society [LFFS] (Houston, Texas: Papinian Press, 2023), Part III.D:

Another way to understand the error in treating information, ideas, recipes, and patterns as ownable property is to consider IP in the context of human action. Mises explains that “[t]o act means: to strive after ends, that is, to choose a goal and to resort to means in order to attain the goal sought.”[87] Knowledge and information of course play a key role in action as well. As Mises puts it, “Action … is not simply behavior, but behavior begot by judgments of value, aiming at a definite end and guided by ideas concerning the suitability or unsuitability of definite means.”[88]

Rothbard further elaborates on the importance of knowledge to guide actions:

There is another unique type of factor of production that is indispensable in every stage of every production process. This is the “technological idea” of how to proceed from one stage to another and finally to arrive at the desired consumers’ good. This is but an application of the analysis above, namely, that for any action, there must be some plan or idea of the actor about how to use things as means, as definite pathways, to desired ends. Without such plans or ideas, there would be no action. These plans may be called recipes; they are ideas of recipes that the actor uses to arrive at his goal. A recipe must be present at each stage of each production process from which the actor proceeds to a later stage. The actor must have a recipe for transforming iron into steel, wheat into flour, bread and ham into sandwiches, etc.[89]

Moreover, “[m]eans are necessarily always limited, i.e. scarce, with regard to the services for which man wants to use them.”[90] This is why property rights emerged. Use of a resource by one person excludes use by another. Property rights are assigned to scarce resources to permit them to be used productively and cooperatively, and to permit conflict to be avoided. In contrast, ownership of the information that guides action is not necessary. For example, two people who each own the ingredients (scarce goods) can simultaneously make a cake with the same recipe.

Material progress is made over time because information is not scarce. It can be infinitely multiplied, learned, taught, and built on. The more patterns, recipes, and causal laws that are known, the greater the wealth multiplier as individuals engage in ever-more efficient and productive actions. It is good that ideas are infinitely reproducible. There is no need to impose artificial scarcity on ideas to make them more like physical resources, which—unfortunately—are scarce.[91]

[87] Ludwig von Mises, The Ultimate Foundation of Economic Science: An Essay on Method (Princeton, N.J.: D. Van Nostrand Company, Inc., 1962; https://mises.org/library/ultimate-foundation-economic-science), p. 4.

[88] Mises, Human Action, 93.

[89] Murray N. Rothbard, Man, Economy, and State, with Power and Market, Scholars ed., second ed. (Auburn, Ala.: Mises Institute, 2009; https://mises.org/library/man-economy-and-state-power-and-market), p. 11. See also See also Guido Hülsmann, “Knowledge, Judgment, and the Use of Property,” Rev. Austrian Econ. 10, no. 1 (1997; https://perma.cc/DKQ8-JX45): 23–48, p. 44 (“The quantities of means we can dispose of—our property—are always limited. Thus, choice implies that some of our ends must remain unfulfilled. We steadily run the danger of pursuing ends that are less important than the ends that could have been pursued. We have to choose the supposedly most important action, though what we choose is how we use our property Action means to employ our property in the pursuit of what appears to be the most important ends.… In choosing the most important action we implicitly select some parts of our technological knowledge for application.”; emphasis added). See also the related discussion in “Goods, Scarce and Nonscarce” (ch. 18), text at n.32.

[90] Ibid.

[91] For elaboration on the ideas discussed in this section, see Kinsella, “Intellectual Freedom and Learning Versus Patent and Copyright” and “Against Intellectual Property After Twenty Years: Looking Back and Looking Forward” (ch. 15), the section “The Separate Roles of Knowledge and Means in Action.”

Thus, because it is important to distinguish between scarce means employed by actors and knowledge that guides actors in employing the means, I would be careful not to refer to knowledge (or the lack thereof, i.e. ignorance) as an important “means” for human action. They are both crucially important, and distinct. (And this is why property rights are necessary, and possible, in the former, but not in the latter.)

I would also be careful not to elevate the importance of one over the other. Both are equally important and essential to successful human action and thus to human progress. And while it is true that knowledge (knowledge about causal laws, scientific and technical knowledge (“recipes,” knowhow), knowledge about contingent facts of the world, knowledge of one’s own preferences and what ends would satisfy one’s felt uneasiness) is not itself sufficient to enable one to engage in rational economic calculation—for this, knowledge of meaningful prices is also necessary—I think we should be careful not to cavalierly trivialize or minimize the importance of human knowledge for human prosperity and progress. Which I think Bylund gets close to doing when he writes:

Mises discusses both scientific and technological knowledge in Human Action. They are certainly important both for the economy and society. In retrospect, it seems society’s prosperity correlates with (or perhaps was caused by) the accumulation of knowledge, especially as “embodied in capital” (as it is commonly expressed). However, correlation, we are often reminded, does not imply causation. This is the case here, which economists should be the first to recognize.

Society (civilization) benefits from—but ultimately does not rest on—knowledge. Whereas there is more knowledge in the world today, and we are overall more civilized than previously, this is mere correlation. What makes society prosperous and civilized is, as Mises reminds us, a matter of production under the division of labor.

I would be careful here. Yes, we need property rights, division of labor, and market prices to enable calculation. But the critical importance of knowledge should not be minimized. When we emphasize the importance of property rights for a working human order and for capitalist production, we to not downplay the crucial rule of prices. Likewise, recognizing the importance of knowledge also does not downplay the role of market prices. All three are different and important. The first two are crucial ingredients of any successful human action (even action of Crusoe in a Robinsonade; or of actors in a non-money barter society); the third, money prices, is crucial for rational economic calculation and production in any society more advanced than the barter stage.

So in my view, it is not mere correlation that we are wealthier today in large part because of the accumulated technical knowledge we have our disposal (knowledge the development of which patent law hinders, hampers, and distorts, which is one reason I oppose it). We need all three—(1) scarce means (property rights) and (2) technical/causal knowledge (recipes) and (3) market prices—to have successful action and rational economic calculation generates widespread human prosperity.

There can be little doubt that we are wealthier than the Romans largely because of the increase in factor 2. Why is this? After all, we are not smarter than the Romans. If anything it is the opposite (see: Idiocracy). It is because we have for centuries, for millennia even, private property rights, and well as money and thus economic calculation. The very reason for debate about the causes of the tremendous growth during the industrial revolution is that nothing significantly and obviously improved in terms of factors 1 and 3 (property rights and money prices) in the last 200–300 years, and in fact one could argue that property rights are less secure in the last 200 years, since the advent of modern democracy, 1 and monetary calculation has been hampered and distorted by fiat money since the gold standard was abandoned in 1971. 2

But factor 2, technical-causal knowledge, has continued to increase over time (even though impeded and distorted by state patent law). The human race thus can and obviously has accumulated a “fund of experience,” as Hayek calls it, that contributes to human progress and the creation of wealth. 3 It is not conflating correlation with causation, nor minimizing the crucial role of money prices in rational economic calculation, to explain today’s immense prosperity as the result primarily of the accumulation of knowledge, since there has been no obvious and significant improvement in property rights and money price calculation. (My own view is that the industrial revolution happened when the accumulated technical and related knowledge reached a certain tipping point; I agree with Hoppe that other explanations for the IR are wanting but am not persuaded by Hoppe’s theory either; but I am not sure, and this is neither here not there.) [See also Hoppe: “From the Malthusian Trap to the Industrial Revolution. Reflections on Social Evolution” (Property and Freedom Society 2009)]

This is why I wrote

Nonscarce goods do not need the assistance of prices to ration their availability. They are free gifts that can be shared the world over. How important are these goods? Given that they are inclusive of all information, art, know-how, and anything else that can be possessed and copied without displacement, they are hugely important. Without these gifts, the whole of learning, imitation, and world culture would come crashing down.

We are not truly human without being part of human civilization; and there can be no civilization and progress without the spread, dissemination, and accumulation of knowledge. To be human is to be part of a learning society, a communicating society, an information-sharing society. Society is emulation-based.

As it stands, the existence of the nonscarce good is the basis of all intellectual progress, the foundation of technological and artistic progress, and thereby a boon to civilization. It is also at the core of enterprise. Entrepreneurs succeed by imitating others who have succeeded. Their nonscarce experience and ideas are first copied and then improved, with the goal of profit. The example of success that entrepreneurs follow is itself a nonscarce good. Anyone with the means to do so is free to copy the successful idea and replicate it. The nonscarce good is the fuel of the competitive process. 4

and

It is obscene to undermine the glorious operation of the market in producing wealth and abundance by imposing artificial scarcity on human knowledge and learning…. Learning, emulation, and information are good. It is good that information can be reproduced, retained, spread, and taught and learned and communicated so easily. Granted, we cannot say that it is bad that the world of physical resources is one of scarcity—this is the way reality is, after all—but it is certainly a challenge, and it makes life a struggle. It is suicidal and foolish to try to hamper one of our most important tools—learning, emulation, knowledge—by imposing scarcity on it. Intellectual property is theft. Intellectual property is statism. Intellectual property is death. Give us intellectual freedom instead! 5

***

Archived version with comments:

  • Person

    Stupid question: what about the supplement of the prices in futures markets? Combining those with spot prices does seem to convey the information about whether the cause of the price shifts are transient or more fundamental and long-term. This is useful information for the entrepreneur. And if he buys a futures contract, he can’t “guess wrong” because he gets paid damages if those goods aren’t delivered. This fact coincides with the emphasis in Hayek’s work on, not action coordination, but pattern coordination. While these prices can’t tell one the optimum action given the values of other agents, they can specify, in general terms, what must be done to better coordinate with the plans of other agents.

    Bonus point to the first person call this question stupid.

    Published: July 12, 2006 12:15 AM

  • Paul Edwards

    Person,

    You’re the first person to call your question stupid. 🙂

    Published: July 12, 2006 12:33 AM

  • cynical

    Person,

    I would say that, too, is an interesting tangent, ala the Hayekian tradition. I don’t, however, think that it takes away from the correctness of the Rothbard/Salerno/Hoppe position on what Mises meant by “the calculation problem”.

    Published: July 12, 2006 2:02 AM

  • zuzu

    Although I could say this about myself as much as anyone else, I think Mises requires significantly multiple readings of his voluminous output before lumping him and Rothbard together so quickly.

    (Yes, Rothbard was Mises protege or whatever, but Rothbard took a much more modernish social-science flavor to his descriptions and analysis. I do agree with lumping Rothbard and Hoppe together for this reason.)

    From an interdisciplinary perspective, Mises’ “human action” methodology derives from what many would now, with the gift of hindsight, call a branch of cognitive science.

    Likewise from that same perspective, Hayek’s analysis follows more of a graph and information theory methodology.

    Much of the same ground has been tread in swarms, complexity, combinatorial optimization, network theory, immunological computation, biosemiotics, and other such sub-disciplines studied at the Santa Fe Institute.

    Although both Mises and Hayek concerned themselves with epistemology, the distinction I would make between Mises and Hayek has to do with scope… as in, beware the fallacies of composition and division. Mises addressed how the individual gathers information and acts on that information. Whereas Hayek addressed how the distributed computation between actors provides more useful information faster to each node than a centralized computation network could.

    Published: July 12, 2006 7:17 PM

  • Dennis Sperduto

    Below are a few observations regarding this informative posting, which is a good summary of an important issue.

    Despite the views of some others, I believe it is clear from reading pages 695-715 (1966 edition) of Human Action that Mises himself considered the calculation problem, and not the knowledge issue, to be socialism’s fundamental (and insurmountable) obstacle. In this discussion, Mises went to considerable length to differentiate the two issues, even conceding for argument purposes only, that the socialist planners did have full knowledge of all relevant data.

    The differences Mises and Hayek regarding economic calculation in a socialist state may arise from a more fundamental difference: Specifically, the epistemological status of the general equilibrium framework. Mises firmly and consistently rejected the general equilibrium construct except as a mental tool for understanding the incessant change of the real world, while some have argued that Hayek can be viewed as a “proximal equilibrium�? theorist. Interestingly, Hayek’s emphasis on the knowledge issue in the socialist calculation debate was a response to the proposals of the mathematical, general equilibrium socialists.

    Finally, I believe that Professor Herbener’s article “Calculation and the Question of Arithmetic�? [RAE Vol. 9, No. 1 (1996)] should also be considered a significant contribution to the literature. In particular, he discusses an important aspect of Mises’s argument, specifically, that the cardinal numbers that constitute money prices enable entrepreneurs to appraise, using a common denominator, disparate factors of production. Without the common denominator of money prices, appraisement and calculation are not possible. While some may consider this a trivial insight, it is nonetheless powerful and critical to Mises’s argument that denies the possibility of economic calculation in a socialist state.

    Published: July 12, 2006 8:01 PM

  • Stephan Kinsella

    Dennis: quite right about Herbener’s seminal piece; I have added it to the main entry.

    Zuzu: I confess to not being quite clear as to what you are trying to say. In any event, you have no basis for concluding that I lumped in Mises and Rothbard “quickly”.

    Published: July 12, 2006 8:30 PM

  • Dennis Sperduto

    One other point, related to the following quote of Steve Horowitz: “The ‘de-homogenizers’ have … correctly identified microfoundations [including] the importance of monetary calculation and Mises’s concept of ‘appraisement,’ but … they ignore what seems to be the obvious relationship between those microfoundations and Hayek’s vision of the social order. That is, they ignore that the outcome of the use of economic calculation by individual entrepreneurial actors and by firms and households is precisely the ‘use of knowledge in society’ that characterizes the Hayekian spontaneous market order.”

    The reason I believe that Misesians “ignore” the Hayekian concept of the spontaneous market order is that for Mises the key societal concept is human cooperation under the division of labor. Society, the “social order”, is most accurately characterized, if not defined, as interpersonal cooperation under the division of labor. In Mises view, material economic progress and the advancement of civilization are the result of expanding and deepening the division of labor.

    Published: July 13, 2006 10:58 AM

  • Curt Howland

    Person, it may be true that the buyer of a futures contract cannot be making an “error”, but the seller certainly can. The futures contract does communicate information, but it is the information of the educated guess.

    Peoples preferences can still fluctuate in the ensuing time period, which is why “futures” were created in the first place, to dampen such changes’ effects on prices.

     

    Published: July 14, 2006 9:27 AM

  1. See Hoppe’s “Introduction” to Democracy: The God That Failed (Transaction, 2001). []
  2. Hans-Hermann Hoppe, “From the Malthusian Trap to the Industrial Revolution: An Explanation of Social Evolution,” in The Great Fiction: Property, Economy, Society, and the Politics of Decline, Second Expanded Edition (Auburn, Ala.: Mises Institute, 2021); see also idem, “PFP041 | Hans-Hermann Hoppe, From the Malthusian Trap to the Industrial Revolution: An Explanation of Social Evolution (PFS 2009),” Property and Freedom Podcast (Jan. 20, 2022). []
  3. See Kinsella, “Hayek’s Views on Intellectual Property,” C4SIF Blog (Aug. 2, 2013); idem, “Intellectual Property and the Structure of Human Action,” StephanKinsella.com (Jan. 6, 2010). See also Kinsella, “Tucker, ‘Knowledge Is as Valuable as Physical Capital,’” C4SIF Blog (March 27, 2017) and George Reisman, “Progress In a Free Economy,” The Freeman (July 1, 1980). See also Julio H. Cole, “Patents and Copyrights: Do the Benefits Exceed the Costs?”, J. Libertarian Stud. 15, no. 4 (Fall 2001): 79–105, p. 84 et seq., discussing the importance of technical progress (not to be confused with patents) to economic growth. Cole cites several studies in n.12. []
  4. Kinsella, “Goods, Scarce and Nonscarce,” LFFS, text at n.24, footnote omitted. []
  5. Kinsella, “Against Intellectual Property After Twenty Years: Looking Back and Looking Forward,” in LFFS, at n.59. []
Share
{ 6 comments }

Book Banning Courtesy of Copyright Law

In Reason: Copyright Should Last Half A Century I mentioned libertarian writer Cathy Young’s advocacy of a 50-year copyright term in discussing the looming book-banning of a Catcher in the Rye sequel based on copyright [see her article: Intellectual Property vs. Creative Freedom: Can J.D. Salinger stop a Catcher in the Rye sequel?,  Reason.com, 6.25.2009] . Well, the judge has made her decision and banned the book. Yep. Here, in America, land of the free, home of the brave, we are literally banning books–and what’s worse, this is due to a law that many libertarians support.

Congratulations, Ms. Young, and other pro-IP libertarians. Shame, shame.

Question: if being pro-war is not enough to revoke your libertarian credentials–how about book-banning?

Update: On Masnick’s blog, someone recommended Eugene Volokh and Mark Lemley’s “Freedom of Speech and Injunctions in Intellectual Property Cases” (which I have not yet read).

[LRC cross-post]

Update: see here, about how copyright law has caused the banning or censorship of various biographies of Salinger.

Share
{ 1 comment }

[From my Webnote series]

From Mises blog: Happy We-Should-Restore-The-Monarchy-And-Rejoin-Britain Day! [archived comments below]

See also Down with the Fourth of July

The celebration of the 4th of July as if it’s a libertarian holiday is a bit much to bear. Secession from Britain was a mistake. It’s easy enough to realize that the Constitution was not some libertarian achievement as conservatives and libertarians delude themselves into thinking. The Declaration of Independence in 1776 led to all the standard evils of war and raising an army–in the words of Jeff Hummel, “unfunded government debt, paper money, skyrocketing inflation, price controls, legal tender laws, direct impressment of supplies and wide-spread conscription.” Hmm, doesn’t sound very libertarian to me. (See also below on the language of the Declaration.) Stealing, conscripting, enslaving, murdering. The glorification of democracy. The expansion of empire. The entrenching of corporatist interests with the state. The substitution of traditional order with worship of the democratic state.

Monarchy isn’t perfect, as Hoppe argues, but the move from monarchy to democracy was not “progress” as even some libertarians have mistakenly believed (as Hoppe notes, “although aware of the economic and ethical deficiencies of democracy, both Mises and Rothbard had a soft spot for democracy and tended to view the transition from monarchy to democracy as progress”). When I suggest it was a mistake to secede from Britain, libertarians–brainwashed by both Saturday morning Schoolhouse Rock propaganda (No More Kings; Fireworks; Three-Ring Government; The Preamble; Let Freedom Ring) and Randian pro-America mythology–freak out. “You want us to have a king? How terrible?!” or “But Britain is more socialist than we are!” Well, first, I don’t want us to have a king. I’d prefer we have no state: no kings or congresscritters or revenuers. But we have a king now, under another name; he can tax and murder us, just like the dreaded monarchian boogey-man; the state is overlord of all our property, as in feudalism. And rejoining socialist Britain now would be terrible–but would the European monarchies have become democratic socialist states if America had never left Britain? Our secession led to a constructivist new utopian order based on a “rational, scientific” paper document and the rejection of traditional, unwritten, limits on state power, thus setting the world on the path of democracy and democratic tyranny, and all the evils of the 20th Century–WWI, WWII, the Holocaust, the Cold War, Communism, Naziism, Fascism, Great Depressions I and II (see Goodbye 1776, 1789, Tom for links). America’s reckless utopianism corrupted its mother state, rendering it unfit to rejoin. But had we never left? One percent tax paid to a distant King over the ocean sound appealing, anyone? (See Would YOU sign the Declaration of Independence?)

If I didn’t hate states and flags so much I might just fly the ole Union Jack this Saturday!

[continue reading…]

Share
{ 10 comments }

The 15 Creepiest Vintage Ads Of All Time

The 15 Creepiest Vintage Ads Of All Time

What do murder, pedophilia, suicide and a baby tiger have in common? They have all been used to sell stuff in these amazingly disturbing vintage ads!

These are real, untouched advertisements from the good old days. It doesn’t matter if it’s lovely ladies or adorable clowns, somehow these old-time ad wizards found ways to traumatize us while pedaling everyday products.

Enjoy them now, call your therapist later!

15. White Bread Demon
“Bread is swell, but what I’m really excited about is eating jelly made from the blood of the innocent!”

[continue reading…]

Share
{ 21 comments }

Study Finds Patent Systems May Not Be an Effective Incentive to Encourage Invention of New Technologies reports:

A new study published in The Columbia Science and Technology Law Review challenges the traditional view that patents foster innovation, suggesting instead that patents may harm new technology, economic activity, and societal wealth. These results may have important policy implications because many countries count on patent systems to spur new technology and promote economic growth.

The study is: Patents and the Regress of Useful Arts, by Dr. Andrew W. Torrance & Dr. Bill Tomlinson, Colum. Sci. & Tech. L. Rev. 10 (2009): 130 (Published May 15, 2009).

[Update: See also Study: Free Markets Superior to Patent Monopolies, discussing this Science article]

As those familiar with my libertarian and IP views know, I’m not a utilitarian (see my There’s No Such Thing As A Free Patent; Against Intellectual Property); but almost all IP proponents are, and claim that IP is “worth it” because it generates additional innovation the value of which is implicitly presumed to be obviously much greater than the relatively trivial cost of having an IP system. So it is striking that there seems to be no empirical studies or analyses providing conclusive evidence that an IP system is indeed worth the cost. Every study I have ever seen is either neutral or ambivalent, or ends up condemning part or all of IP systems. Utilitarian IP advocates remind of the welfarist liberals skewered by Thomas Sowell in his The Vision of the Anointed: Self-Congratulation as a Basis for Social Policy–liberals continue to advocate policies long after there is overwhelming evidence these policies do not work, even by the naive, socialistic standards of their proponents; likewise, utilitarians keep repeating the mantra that we need patent and copyright to stimulate innovation and creativity, even though every study continues to find the opposite.

[continue reading…]

Share
{ 15 comments }

Richman on the 4th of July and American Independence

My comment:

Sheldon, given your endorsement of Hummel’s great piece on the squalid process that led to the Constitution itself, I’m surprised to see you endorsing (or at least being neutral about) the Declaration and American secession from Britain. Surely we libertarians should not be conned by the mythology about this event either? It was a mistake, no? Maybe not as squalid as the Constitution, but it led to it.

Share
{ 4 comments }

On J. Neil Schulman’s Logorights

From Mises blog. Archived comments below.

On GMO patent infestation, Kent Hastings comments on my IP views and those of J. Neil Schulman. Schulman responded:

My article “Informational Property: Logorights” begins by specifically disclaiming any state grants of monopoly. The concept stands or falls on its natural-property-rights arguments. Neither Samuel Edward Konkin III or Stephan Kinsella or anyone else has ever successfully answered the challenge I raised in my article, that without the identity of a thing being real enough to make it claimable as property, there would be nothing identifiable existing to be copied in the first place.

This is not arcane. It’s just being pointedly ignored — and Kinsella’s attempts to change the subject don’t make me forget what I wrote.

My response is as follows:

Neil, I said your term “logorights” is somewhat arcane, not your theory, and there was no disrespect implied.

I think you are just wrong to assume that “having an identity” is a sufficient condition for being subject to property rights.

Consider: one has no property right the value of one’s property, as Hoppe and Rothbard have argued (see Sheldon Richman on Intellectual Property versus Liberty); and likewise, one has no property right in the “identity” of one’s property.

The reason is that owning value, patterns, identify gives you an ownership right in others’ already-owned property. Saying you own the “identity” of a thing you own is another way of saying you own the pattern by which it is arranged–which is a disguised way of saying you have ownership rights in things everyone else owns. The standard Lockean account of property accepted by most libertarians says that the person who appropriates a previously unowned scarce resource becomes its owner. The IP advocate, of which you are one, says that if A thinks of a unique way to use his property or a unique pattern to impose on his own property, this act of intellectual innovation magically gives him partial ownership rights in property already owned by others. It lets you tell B how he can use his own property, even though B is the appropriator and by Lockean principles only B should be the owner. Granting A an IP right just means some of B’s rights of control are transferred to A–it’s a transfer of wealth or property, and it’s incompatible with libertarian property rights.

The mistake Rand made was thinking “anything you create” is property, without first asking if the thing created is the type of thing that is subject to property in the first place. In fact, creation is neither necessary nor sufficient since if you create some new pattern using others’ property you are not its owner; and if you impose a new pattern on property you own, then you own the transformed thing since you already owned the stuff of which it’s made. A focus on creation as a source of ownership is the mistake made here. Creation is a source of wealth, sure, but not of ownership, since you can only create using things you already own.

Tibor Machan makes a similar mistake to your “identify” view when he assumes that many “ontological” types of things can be property–the mistake is in assuming that the way we conceptually and terminologically understand the world has some metaphysical basis that translates into property rights. By this view any concept we come up with to “identify” things that is successful, has magically created a new class of property. I find the concept “poem” useful–it is conceptually valid.. poems “have” “identity”–voila, they must be property!

I don’t agree with this way of making rights depend on what concepts we have or how we identify and understand things in the world. Just because we can call something by a word, or call it a “thing,” does not mean it is ownable. In fact, all ownership rights are enforced in physical terms against scarce resources; which means that granting rights in anything else has to undermine and dilute real rights in real things.

For a further explanation of what is wrong with Schulman’s “logorights” theory and why it is contrary to libertarian property rights, see text at notes 48-49 et pass. to my Against Intellectual Property; see also the following posts, which point out various errors in the Randian “creationist” approach to IP (and apply more or  less to Schulman’s logorights idea too):

Articles:

Media:

Blog posts:

[Cross-posted on Against Monopoly and Mises Blog.]

Archived comments:

{ 9 comments… read them below or add one }

Stephan Kinsella July 2, 2009 at 10:57 am

Schulman replied on Facebook thusly (he said he had posted it here but I don’t see it yet so here it is):

Objections already overcome in my original article.

A book cover says “ATLAS SHRUGGED by Ayn Rand.” The first sentence is, “It was the best of times, it was the worst of times.”

What you bought has everything that makes a book a book: a binding, hundreds of sheets of paper with printed ink impressions on it, and a cover…. Read More

The book has the same number of pages, the same dimensions and weight, the same binding and style of printing as the book with the composition called ATLAS SHRUGGED. Do you have any just cause of complaint if the composition of words inside the book turns out to be something other than what the cover says? If you answer no, then you got everything you paid for. If you answer yes, then you are saying that the composition of words makes this book a different commodity from the book you thought you were buying, and therefore you are rightfully entitled to a copy of the composition of words labeled ATLAS SHRUGGED.

That’s material identity.

My response is that I do not think this is a good argument for IP. So what if you prove that the “identity” of a particular impatterned object includes the pattern? This does not prove patterns are ownable in and of themselves. A book also has a color–can you own color? It has a weight. Can you own its weight? Part of its identity also is its location, and the time that it exists–do you own locations, or time spans?

REPLY

Michael A. Clem July 2, 2009 at 11:45 am

Creation is a Person’s action which imposes that Person’s logos on something which exists to give that thing a unique identity it did not previously have.
Another quote from Schulman’s logorights article. Besides the fact that he’s assuming property is “creation”, the simple fact is that it is the labor involved that gives property rights, not its unique identity. If a person builds a house and fences in a particular piece of previously unowned land, it doesn’t matter if the house is unique, or identical to thousands of other houses that have been built–it is merely the fact that he has built the house on the land that gives him property rights in the house and land.

REPLY

David Spellman July 2, 2009 at 1:05 pm

“A focus on creation as a source of ownership is the mistake made here. Creation is a source of wealth, sure, but not of ownership, since you can only create using things you already own.”

Well, this argument throws all property out the window. The origin of property is based on homesteading–mixing your effort with previously unowned resources. Why does the anti-IP argument use lines of attack that are incompatible with defense of real property? I find it amusing to substitute the words like “land” for “intellectual property” and see how absurd the reasoning becomes.

All legitimate forms of property exist independent of the State. Anti-IP arguments should not reference State granted monopoly since Pro-IP arguments are not based upon State granted monopoly. A glaring problem with much of the Anti-IP dogma is the inability to divide State enforced rent-seeking from the debate about whether IP exists as an immutable class of property. It is like arguing that land ownership is invalid because the government practices eminent domain to seize property and give it to favored classes.

Mr. Kinsella argues ad nauseam that IP rights consist of nothing more than giving unjust ownership over everyone else’s property because IP is nothing more than an arrangement of atoms or thoughts. The pro-IP argument is clearly in disagreement with this axiom and posits that IP is more because it represents mixing of one’s effort with previously unworked veins of intellectual achievement.

Note that this is much different than color, weight, or time which do not have specific identities. Decrying the possibility of claiming ownership over these attributes as an attack on IP is an ignoratio elenchi.

Going back to the original quote, “A focus on creation as a source of ownership is the mistake made here,” I would say that this is not a mistake, but rather the crux of the discussion. The concept of IP revolves around the idea that if you spend the time and effort to create something no one else has done, you deserve to own it. If you homestead virgin land by fencing it and planting a crop, you have established ownership. If you homestead patterns and designs by spending time, money, and effort, you have established ownership.

Arguing against IP because it might lead to a maze of impediments to progress is like arguing against privatizing roads because it might lead to a maze of toll roads. In a truly free, privatized market, we expect that private roads will reach an equilibrium of travel cost versus mobility and that whatever that quiescent point turns out to be, it is just. How is it that we cannot apply the same faith to the world of idea ownership? Why do we have a Marxist mentality about mental labor? Do we honestly believe that devaluating thought is liberating thought?

Yes, there are many problems to be worked out with the malignancy of State sponsored intellectual property. There are serious problems to be worked out with practically everything in life due to State intervention. The question is whether we will see more progress by recognizing or denying an ownership interest in one’s intellectual achievements. Intellectual products are valuable–the question is who should reap the profits, the talented creators or the users who are not capable of creating what they want to use.

REPLY

Alpheus February 15, 2011 at 5:39 pm

When I build a fence around a plot of land, it’s clear that the land is fenced off. But how do I build a fence around an idea?

This is why I am anti-IP: ideas exist in a world separate from the physical ones. As you say, you own an idea by spending time, money, and effort in coming to understand it. But, once you own an idea, you *cannot* build a fence around it, and then expect me, who may be *completely unaware* of your existence, to be able to respect your claim to that idea. I can still study the subject at hand, and come to own an idea for myself.

Ah, but you might argue that copyright and patents are “fences”! Of course, legally they try to be…but they cannot succeed: no system of “idea fences” can prevent me from “trespassing”, or even knowing I am “trespassing”, on a given idea. While highly improbable, I can *in theory* write “Atlas Shrugged” without having ever read a single word of it. That may sound absurd–but when we’re talking about physics, or computer software, or chemistry, possibilities are much more limited, and people independently coming to the same idea, at about the same time, happens surprisingly frequently!

REPLY

Stephan Kinsella July 2, 2009 at 2:34 pm

Clem: great post.

Spellman:

“A focus on creation as a source of ownership is the mistake made here. Creation is a source of wealth, sure, but not of ownership, since you can only create using things you already own.”

Well, this argument throws all property out the window.

Nonsense.

The origin of property is based on homesteading–mixing your effort with previously unowned resources.

Yes, as I have written in detail. See e.g. How We Come To Own Ourselves.

Why does the anti-IP argument use lines of attack that are incompatible with defense of real property?

It’s not. It’s IP arguments that are incompatible with ownership of scarce resources.

All legitimate forms of property exist independent of the State. Anti-IP arguments should not reference State granted monopoly since Pro-IP arguments are not based upon State granted monopoly.

Pro-IP libertarians OPPOSE efforts to abolish IP law, so they ARe in favor of it. If they are in favor of some other scheme, the onus is on them to spell out exactly what they favor, instead of puning to future legal experts and judges. If they don’t know what they are talking about, perhaps they should remain silent.

A glaring problem with much of the Anti-IP dogma is the inability to divide State enforced rent-seeking from the debate about whether IP exists as an immutable class of property.

As opposed to “mutable”? What does this hocus-pocus type term add?

The pro-IP argument is clearly in disagreement with this axiom and posits that IP is more because it represents mixing of one’s effort with previously unworked veins of intellectual achievement.

If you use your labor to transform an object you own, you own the transformed object because you already owned the underlying material. If you use your labor to transform someone else’s property, it doesn’t give you ownership of it.

The concept of IP revolves around the idea that if you spend the time and effort to create something no one else has done, you deserve to own it.

And the assumption here is that any “thing” that you can conceptually conceive of is ownable property. Nonsense. You can’t own patterns of information.

If you homestead virgin land by fencing it and planting a crop, you have established ownership. If you homestead patterns and designs by spending time, money, and effort, you have established ownership.

Equivocation, and terrible argument. To homestead a tract of land means that (a) it was a scarce resource over which (b) conflict is possible and which you (c) were the first to appropriate it, demonstrating a better cliam than latecomers. That is, given that only one person can have the land, it has to be awarded to someone–and the earlier user has a better claim to it than a latecomer.

But for a pattern, latecomers who “use” the pattern don’t take your pattern from you. Conflict is not even possible.

REPLY

FTG July 2, 2009 at 4:01 pm

Car repairmen do not pay the authors of repair manuals one penny, despite the fact that their own efforts are physical reproductions of the ideas displayed in such manuals. Yet, even i the face of this lack of revenue, repair manuals are not lacking in the marketplace, nor are repairmen held in jail for not giving royalties to the manual writers. If a manual indicates that to repair fault A in car B you follow C and D, and the mechanic follows the procedure exactly, then he IS reproducing the idea in a physical form, without compensating the manual writer.

Of course the counterargument would be that copyright refers only to the right to copy the written material into similar media to make a profit, but that invalidates the reasoning behind IP since it makes it contingent to re-established laws and provisos, leading to question begging – i.e. it is valid because the law makes it valid, or it is limited to A and not B because the law says it is limited to A.

REPLY

Russ July 2, 2009 at 9:46 pm

David Spellman wrote:
“Well, this argument throws all property out the window.”

Incorrect.

Stephen Kinsella wrote:
“The mistake Rand made was thinking “anything you create” is property, without first asking if the thing created is the type of thing that is subject to property in the first place.”

So, Kinsella is saying that although your labor makes property (i.e. a scarce or economic good) into your property, it doesn’t make information your property. This is because information is not a scarce or economic good by nature, and thus is not subject to the concept of ownership. At least, that’s what I think he’s saying.

REPLY

Mark Jones July 3, 2009 at 10:09 pm

I’m going to try using html tags here, as it seems they may be accepted. Apologies if it comes out wrong. The comment form should mention what’s acceptable.

Spellman:

The origin of property is based on homesteading–mixing your effort with previously unowned resources.

….

The pro-IP argument is clearly in disagreement with this axiom and posits that IP is more because it represents mixing of one’s effort with previously unworked veins of intellectual achievement.

You appear to misunderstand what is meant by resources. The term is not inclusive of “unworked veins of intellectual achievement.” Knowing this, I suppose you may reconsider your first statement; though, I hope you continue to agree with it.

It is with utmost incredulity that I read rebuttals of the very natural, plain arguments that Mr. Kinsella and others, including myself, proffer. “How can these fallacies stand in the face of this?”, I ask. Nevertheless, despite my continuing surprise, the rebuttals continue.

I am happy to announce, though, that by granting this idea of logorights, they may be utterly confounded. For, to lay any claim, in the way put forth, to a pattern, one must cause all those informed to infringe said claim. Certainly, there can be no class of property for which that is true.

It’s analagous to Clinton’s infamous “That depends on what your definition of is is” line.

If this sounds too absurd to be true, allow me to explain. To claim a pattern or configuration, one must inform others of this claim. However, by informing others, you have caused them to hold this pattern in their mind. Not only is it in their memory, but insofar as they may consider one’s claim, they must use the tools of their mind to, again, produce for themselves a configuration corresponding to this pattern.

You may snort, “But they can not use this ‘configuration!’”. Ah, but they can and must. They must use it to compare to the typical forms which one thought one was claiming ownership over; they may use it to consider other ideas or improvements; they may use it to produce in their minds the products of its actions (if it were a machine); etc.

Neither can the retort stand that this is only an “imaginary” manifestation. My thoughts are as real as the keyboard I am using, and they have various, real effects. Indeed, in this scheme, one may patent, or claim logorights over, that which never exists beyond a thought. Also, the medium for my thoughts — my brain — consists altogether of real components. So, any patterns in my thoughts, are some projection of the patterns which exist in the configuration of my atoms and other components.

Of course, this argument is wholly superfluous if one understands the previously presented argument: rights derive from and find their extense in the ownership of property; ownership of property derives from the transfer or home-steading (the originating method of derivation) of unowned resources; and home-steading involves the working of scarce resources and results in the ownership of the same resources in their new configuration.

Now, perhaps there is some form of intangible resource which is capable of being owned. But, whatever that may be, rights over it can not conflict with the rights of owners of tangible property, unless you are able to prove the derivation of those rights, as just presented, to be incorrect. And proving a fallacy is a mighty task…

Perhaps my alternate refutation will convince those who are thus far unwilling or unable to understand the more general argument.

REPLY

Nuke Gray July 5, 2009 at 9:40 pm

Kinsella, stop wasting your time in arguments- write “Stephen Shrugged”, a massive tome that will become the soul of Anarcho-Capitalism! Novels are the way to convey ideas these days! Even if the book then gets hi-jacked by Hellywood, and made into a complete reversal of what you meant, your ideas will still perculate through!
Go for it!
I have no idea what plot you could use- why not get ahead of the curve and have a robot trying to free itself in a humano-centric society? Whatever, good luck, and I might even buy a copy!

Share
{ 10 comments }

Annoying word: troops

Another one for my list of annoying words: troops, to mean several soldiers, which is also what troop means. An individual soldier is a trooper, not a troop. So shouldn’t it be trooper is singular, and troopers is plural; or, if troops has to mean plural, then troop should be singular, not plural too!

Share
{ 1 comment }

Sheldon Richman is right when he says:

On the Constitution, I strongly suggest you read Jeff Hummel’s “The Constitution as a Counter-Revolution” (pdf). When you know the real story of the Constitution, you will not want to go back to its original intent.

What a great piece by Hummel. It only reinforces my growing anti-constitutional sentimentalism that I wrote about in Goodbye 1776, 1789, Tom.

Share
{ 6 comments }

Why Can Candidates “Concede”?

I’ve never understood why it matters if the “losing” side in a contested election “concedes.” Why does the candidate have this power?  I mean what if you get 51% and it’s contested, and you “concede”–why do you have the power to put the 49% loser into office? Or if it’s uncertain, why does either candidate have the authority to decide this?

And what exactly is a concession–? Does it have to be in writing? Filed somewhere? How does the candidate make it “official”? What if he changes his mind?

Share
{ 0 comments }

Centocor v. Abbott: Biggest Patent Verdict Ever.

From a post by Joe Mullin: Centocor v. Abbott: Biggest Patent Verdict Ever.:

This afternoon, a jury in Marshall, Texas, awarded the largest patent verdict in history: Abbott Laboratories must pay $1.67 billion to Centocor, a subsidiary of Johnson & Johnson, because its Humira arthritis treatment infringes U.S. Patent No. 7,070,775. … The jury deliberated for five hours before issuing the verdict, which specifies $1.17 billion for lost profits and $504 million as a reasonable royalty.

As I noted here, referring to a $1.92 million verdict against Jammie Thomas for “illegally” sharing 24 songs, “The pro-IP libertarians ought to hang their heads in shame. If they support this result, it’s unthinkably evil. If they oppose it–well, they really can’t, can they, since this is the result of having a state-run IP system–of having a state at all.”

[Cross-posted at Mises blog and AgainstMonopoly]

Share
{ 3 comments }

The following was passed on to me by one of my favorite writers, John C. Wright (whose work I have commended before) — it’s a comment by Catholic writer John Zmirak:

… Leave aside any libertarian arguments about the proper limits of the State; this State, our State, is relentlessly secular. Its version of secularism is almost devoid of a true understanding of the Natural Law. Ironically, Natural Law–our notion of the truths and goods knowable even to pagans–is rejected out of hand by pretty much everyone but Catholics. Which renders Natural Law arguments pretty much . . . useless. In America, State action will be secular in spirit, utilitarian in execution, and in the service of the modern culture of death. Until and unless we can evangelize and overtly Christianize the State–I’m not holding my breath–we are morally obliged to shrink it, squeeze it, entangle in complications and starve it of funds however we can. We are obliged to be libertarians for the duration.

What this means is that the daydream of so many Catholics nostalgic for the “good old days” of FDR and Monsignor Ryan (the “Right Reverend New Dealer,” as he called himself), the fantasy of a pro-life Democratic party, is in fact a toxic fantasy. It’s an impure thought, to be banished the old-fashioned way: with cold showers and exercise. The proper place of Catholics, for the foreseeable future, is alongside the people at Tea Parties, supporting candidates like Ron Paul–even if some of our fellow travelers are packing heat or smell of weed.

Share
{ 1 comment }
Creative Commons License
Except where otherwise noted, the content on this site is licensed under a Creative Commons CC0 Universal Public Domain Dedication License.