Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

Search


Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

jr_114_9780195367195_bnr

jr_114_9780195383768_bnr

advertise-here4


FC-CO(SS)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • RJ on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Michael H Schneider on Negligent Corpse Mishandling

    • flood pictures on Public opinion on same-sex marriage

    • gtownstudent on And Justache For All at GW Law

    • AF on Ricci and Briscoe as Disparate Impact Cases

    • RJ on Ricci and Briscoe as Disparate Impact Cases

    • Maryland Conservatarian on Ricci: Color-Blind Standards in a Race Conscious Society?

    • Daniel S. Goldberg on Negligent Corpse Mishandling

    • PrometheeFeu on KSM on Trial

    • Tom S. on Negligent Corpse Mishandling

    • Deven on Ozymandias Lessons for Copyright

    • Lawrence Cunningham on Must Law Practice and Scholarship be Exciting?

    • Lawrence Cunningham on And Justache For All at GW Law

    • Joe on At CELS, Hoping to Blog

    • EJFer on And Justache For All at GW Law

  •  

    Site Meter

How Not to Argue Against Inequality

posted by Frank Pasquale

Like his previous work, Robert Frank’s new book Falling Behind makes much of “happiness surveys” to demonstrate that once a country reaches a certain level of prosperity, one’s relative position in the economic hierarchy may do more to determine one’s happiness than one’s absolute level of buying power. As he stated in a 2001 piece coauthored with Cass Sunstein,

Such surveys have found that happiness levels within a country at a given moment are strongly positively correlated with relative position in the country’s income distribution. But the same studies find only weak long-term trends in average reported happiness levels, even for countries whose incomes have been growing steadily over time.

Sunstein and Frank argue that such studies demonstrate the importance of equality, or at least of collective action designed to prevent “arms races” for relative position.

This is perhaps the most controversial of Frank’s arguments for equality, and for good reason. As Gregory Besharov has argued, the most important question here is “what is the relevant group to which people compare themselves?” Certainly I might resent my neighbor’s purchase of a $10,000 gas grill when I can only afford an aluminum charcoal plate on a tripod. But should I really be comparing myself to him? Why not just be grateful that I have a BBQ apparatus at all?

Gregg Easterbrook’s book The Progress Paradox makes that point compellingly:

Our forebears, who worked and sacrificed tirelessly in the hopes their descendants would someday be free, comfortable, healthy and educated, might be dismayed to observe how acidly we deny we now are these things.

In short, mere subjective feelings of resentment oughtn’t count for much in the social calculus–a point Rawls made foundational in his treatment of the original position in A Theory of Justice. Many spiritual traditions counsel against resentment. Though Frank is often at pains to discuss the objective bases of the dismay of those at the bottom of the economic pyramid, those objective problems (such as suffering a higher likelihood of injury in a car crash when they can’t afford the larger cars driven by wealthier drivers) are what really matters. As I have argued elsewhere, the reverse finding–that “happy slaves” are perfectly satisfied with preventable injustices done to them–should not count in favor of a social system.

Ultimately, Frank’s subjectivism is part of a larger, and disturbing, trend in philosophy: an emphasis on brute feelings where our true concern is with the rightness, the appropriateness, of such feelings.


 July 25, 2007 at 2:10 pm   Posted in: Behavioral Law and Economics, Economic Analysis of Law, Philosophy of Social Science   Print This Post Print This Post

Responses (6)

  1. Brett McDonnell - July 25, 2007 at 3:57 pm

    It seems to me that Frank’s argument is still critical if the following three points are true:

    (1) Economists (and fellow travelers) have mainly defended a policy emphasis on encouraging economic growth with arguments based on how growth increases individual welfare conceived of as satisfying personal preferences;

    (2) The economists’ arguments in (1) are the leading and best-developed, albeit not the only, justification for growth-focused policies; and

    (3) The happiness effects Frank discusses have a deep biological basis, so that whether or not they are morally appropriate, they are unavoidable.

    If (3) is right, then the preference-based arguments for growth (point 1), beyond a certain level, are very considerably weakened. If (2) is right, that then means that the prevailing arguments favoring a focus on growth as opposed to other desirable goals, such as reducing inequality, are considerably weaker than we believed. Thus, at a minimum, Frank’s arguments, if true, have an important negative effect of calling into question many of the leading arguments for focusing on economic growth rather than reducing inequality.

  2. Frank - July 25, 2007 at 8:04 pm

    You’re right, the happiness literature must at least be recognized by macroeconomists who axiomatically consider preference satisfaction their summum bonum.

    Your point reminds me of an essay by Dupre & Gagnier called “The Ends of Economics,” where they remark on how bizarre it is that “most economists believe that the core of economics can be developed with no assumptions at all about what an economy should aim to provide.”

  3. Patrick S. O'Donnell - July 26, 2007 at 8:08 am

    Cf. the following from Sen’s essay, “Conceptualizing and Measuring Poverty” in Grusky and Kanbur, eds. Poverty and Inequality (2006):

    “The connection between income and capability is…made more complex by the relevance of relative deprivation. As Adam Smith noted, the social capabilities may depend on a person’s relative income vis-à-vis those of others with whom he or she interacts. A person’s ability to be clothed appropriately (or to have other items of consumption goods that have some visibility or social use), given the standards of the society in which he or she lives, may be crucial for the capability to mix with others in that society. This relates directly to relative income vis-à-vis the general level of prosperity in that community. A relative deprivation in terms of income can, thus, lead to absolute deprivation in terms of capabilities, and in this sense, the problems of poverty and inequality are closely interlinked. For example, being relatively poor in a rich country can be a great capability handicap, even when one’s absolute income is high in world standards. In a generally opulent country, more income is needed to buy enough commodities to achieve the same social functioning. [….]

    Some implications of Smith’s focus on relative income in assessing poverty are worth separating out because of their extensive reach. First, because the absolute deprivation of social capabilities depends on relative deprivation of incomes, clearly the assessment of poverty in the space of capabilities cannot be divorced from the extent of income inequality. This connection indicates that the increasingly common global tendency in public discussion (and sometimes in public policy analysis) to argue in favor of an exclusive concentration on poverty removal, rather than being concerned also about inequality, is intellectually hard to sustain. Although it is easy to see that income poverty and income inequality are distinct phenomena, nevertheless capability poverty relates inseparably to income inequality. An often-articulated political attitude, which takes the form of saying, ‘I do care about poverty, but don’t give a damn about inequality,’ not only reflects a remarkably narrow approach to morality but also raises issues of inconsistency, given the causal linkages that make inequality and poverty interdependent.

    Second, Smithian reasoning indicates why poverty is hard to eradicate just by raising the average level of income, without also addressing issues of inequality of incomes. In particular, the phenomenon of poverty in rich countries can be better understood through the perspective of relative deprivation. Adam Smith analyzed the relevance of relative position vis-à-vis others in society in the following way:

    ‘A linen shirt, for example is, strictly speaking, not a necessity of life. The Greeks and Romans lived, I suppose, very comfortably, though they had no linen. But in present times, through the greater part of Europe, a creditable day-labourer would be ashamed to appear in without linen shirt, the want of which would be supposed to denote that disgraceful degree of poverty which, it is presumed, nobody can well fall into without extreme bad conduct. Custom, in the same manner, had rendered leather shoes a necessity of life in England. The poorest creditable person of either sex would be ashamed to appear in public without them.’

    Similarly, today, a person in New York may well suffer from poverty despite having a level of income that would make him or her immune from poverty in Bangladesh or Ethiopia. This is not only because the capabilities that are taken to be minimally basic tend to change as a country becomes richer, but also because even for the same level of capability, the needed minimal income may itself rise, along with the incomes of others in the community. [….]

    Thus even the same minimal capability has varying commodity demands and divergent requirements of minimal income in different societies, involving systematic connection with incomes of others in the community in which a person lives. One further implication of this linkage is that given the peer pressure that operates in favor of social capabilities (often at the expense of other needs), even physical deprivation, such as undernourishment, can occur in richer countries at levels of family income at which elementary nutritional deprivation would be very rarely seen in poorer countries. [….]

    Third, the pivotal role of the consumption patterns of others in the same community, or in a group with which a person interacts, also indicates why poverty cannot be assessed in purely individual terms. The understanding that no person is an island is quite central to the assessment of poverty, and correspondingly, to the appropriate evaluation of the bite and reach of inequality.”

  4. Patrick S. O'Donnell - July 26, 2007 at 8:08 am

    Cf. the following from Sen’s essay, “Conceptualizing and Measuring Poverty” in Grusky and Kanbur, eds. Poverty and Inequality (2006):

    “The connection between income and capability is…made more complex by the relevance of relative deprivation. As Adam Smith noted, the social capabilities may depend on a person’s relative income vis-à-vis those of others with whom he or she interacts. A person’s ability to be clothed appropriately (or to have other items of consumption goods that have some visibility or social use), given the standards of the society in which he or she lives, may be crucial for the capability to mix with others in that society. This relates directly to relative income vis-à-vis the general level of prosperity in that community. A relative deprivation in terms of income can, thus, lead to absolute deprivation in terms of capabilities, and in this sense, the problems of poverty and inequality are closely interlinked. For example, being relatively poor in a rich country can be a great capability handicap, even when one’s absolute income is high in world standards. In a generally opulent country, more income is needed to buy enough commodities to achieve the same social functioning. [….]

    Some implications of Smith’s focus on relative income in assessing poverty are worth separating out because of their extensive reach. First, because the absolute deprivation of social capabilities depends on relative deprivation of incomes, clearly the assessment of poverty in the space of capabilities cannot be divorced from the extent of income inequality. This connection indicates that the increasingly common global tendency in public discussion (and sometimes in public policy analysis) to argue in favor of an exclusive concentration on poverty removal, rather than being concerned also about inequality, is intellectually hard to sustain. Although it is easy to see that income poverty and income inequality are distinct phenomena, nevertheless capability poverty relates inseparably to income inequality. An often-articulated political attitude, which takes the form of saying, ‘I do care about poverty, but don’t give a damn about inequality,’ not only reflects a remarkably narrow approach to morality but also raises issues of inconsistency, given the causal linkages that make inequality and poverty interdependent.

    Second, Smithian reasoning indicates why poverty is hard to eradicate just by raising the average level of income, without also addressing issues of inequality of incomes. In particular, the phenomenon of poverty in rich countries can be better understood through the perspective of relative deprivation. Adam Smith analyzed the relevance of relative position vis-à-vis others in society in the following way:

    ‘A linen shirt, for example is, strictly speaking, not a necessity of life. The Greeks and Romans lived, I suppose, very comfortably, though they had no linen. But in present times, through the greater part of Europe, a creditable day-labourer would be ashamed to appear in without linen shirt, the want of which would be supposed to denote that disgraceful degree of poverty which, it is presumed, nobody can well fall into without extreme bad conduct. Custom, in the same manner, had rendered leather shoes a necessity of life in England. The poorest creditable person of either sex would be ashamed to appear in public without them.’

    Similarly, today, a person in New York may well suffer from poverty despite having a level of income that would make him or her immune from poverty in Bangladesh or Ethiopia. This is not only because the capabilities that are taken to be minimally basic tend to change as a country becomes richer, but also because even for the same level of capability, the needed minimal income may itself rise, along with the incomes of others in the community. [….]

    Thus even the same minimal capability has varying commodity demands and divergent requirements of minimal income in different societies, involving systematic connection with incomes of others in the community in which a person lives. One further implication of this linkage is that given the peer pressure that operates in favor of social capabilities (often at the expense of other needs), even physical deprivation, such as undernourishment, can occur in richer countries at levels of family income at which elementary nutritional deprivation would be very rarely seen in poorer countries. [….]

    Third, the pivotal role of the consumption patterns of others in the same community, or in a group with which a person interacts, also indicates why poverty cannot be assessed in purely individual terms. The understanding that no person is an island is quite central to the assessment of poverty, and correspondingly, to the appropriate evaluation of the bite and reach of inequality.”

  5. Patrick S. O'Donnell - July 26, 2007 at 8:12 am

    Oops! The quote from Adam Smith should read: ‘…would be ashamed to appear in public without linen shirt….’

  6. Patrick S. O'Donnell - July 26, 2007 at 8:12 am

    Oops! The quote from Adam Smith should read: ‘…would be ashamed to appear in public without linen shirt….’

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove

Website
Understanding Privacy

Kaimipono Wenger

Website
SSRN Page

Dave Hoffman

Website
SSRN Page

Nate Oman

Website
SSRN Page

Frank Pasquale

Website
SSRN Page

Deven Desai

Website
SSRN Page

Danielle Citron

Website
SSRN Page

Lawrence Cunningham

Website
SSRN Page

Sarah Waldeck

Website
SSRN Page

Jaya Ramji-Nogales

Website
SSRN Page

Solangel Maldonado

Website
SSRN Page

Gerard Magliocca

Website
SSRN Page


Guests

Rachel Godsil
Alex Kreit
Anita Krishnakumar
Matthew Sag
Michael Zimmer






Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Sarah Waldeck
Melissa Waters
Alfred Yen
David Zaring
Timothy Zick
Spencer Weber Waller
Howard Wasserman
Frank Wu
Corey Yung
Jonathan Zittrain

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress