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Posner on the 2008-09 Financial Crisis
                       Feb 2012

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Posner’s book The Crisis of Capitalist Democracy (Harvard University Press, 2010) aims to explain to the average reader the collapse in US and global economies in 2008, 2009. A US Court of Appeals Judge, Chicago Law School lecturer and thoughtful progressive, Posner managed to get across some key points.

The 2008 2009 financial collapse was evidently transformative in many ways.  The prior broadcast assumption that the market was self regulating silently disappeared.  Large scale government intervention was suddenly OK. Posner adds insights to all this. But his cool explanations raise questions about an economy driven by private greed which requires people to spend and consume in the name of the common good. Is the logic really OK when it allows for bank CEOs to depart with handsome payoffs while the unemployed workforce finds itself with no pension?

Posner describes the important role banking and forms of securities play in a modern economy. From 2000, the inflationary “bubble” in housing mortgages went largely unnoticed. Raising interest rates normally controls inflation, but too little too gradually begun in 2004 had no effect on the housing bubble. Regulating banks is possible, but was not tried. When this bubble burst it had an unforeseen major impact on the banks because their capital was heavily in housing mortgages. “We needed sound monetary policy or effective regulation of banking. We got neither” (page39). The depression was the consequence of a governmental failure to regulate through bodies such as the US Federal Reserve.

The book falls into sections. The first thoroughly covers events in a series of time periods, the first from December 2007 to September 2008, the last June 2009 to December 2009 and a final “Depression and Aftershock 2007 –.“  Posner introduces instruction on some economic matter in the course of several of these periods. The second section considers lessons learned. Basically, finance is fragile, must be regulated, Keynes needs to be taken seriously and economists need to rethink macroeconomics with bias toward objective realities rather than mathematical formulae and their personal political preferences. The third section considers the way forward and sets out a list of things to be done.

It was reading Posner’s reinforcement of the relevance of Keynes and what stems from Keynes when I first worried about the wider morality of the economical world being accepted as the norm. Posner reinforces the thinking of Keyne’s The General Theory of Employment, Interest and Money, 1936 for the very good reason that, unlike other theories,  it can predict depressions and respond to them. Keynes based his economic thinking on the facts – for example the way people in fact behave rather than the way a rational person might.  Within this thinking on the economic facts, Keynes was concerned, as is many a Western nation, with employment – or rather the lack of it. Posner gives principles which emerge. The first key principle of the realistic Keynes approach is that consumption is the sole end and object of all economic activity. The second is the importance of not hoarding, but rather enabling future productive investments which produce goods and services for consumption. Spending is income to someone else. The third principle is the inherent uncertainty in economics (pages 277 281). Posner does point out some flaws in the otherwise helpful thinking of Keynes.

As an old timer who admired Schumacher’s book Small is Beautiful, I was happy to find that Keynes does not exclude the possibility of reductions in consumption. When there is no longer involuntary unemployment, further efforts to stimulate demand will merely cause inflation. Unfortunately, the world has so far always had a population of unhappy potentially dangerous unemployed. The burley beggars in medieval times have become, according to the epilogue in Judt’s book (see my earlier article), under-employed angry populations in de-industrialized former urban centres.

Posner reinforces Keynes: consumption is good for society – saving per se is not. We can’t get upset with bankers for taking risks and for requiring huge salaries even when they cause a public economic disaster because they were doing what society has set them up to do – take risks to make money for bank share holders. US bankers had to get into novel complex bundled securities to compete with UK bankers who were playing with them.  To interfere and require lower pay for the bank CEO when the government bails out some bank reduces that bank’s ability to attract the “best” talent and impairs its ability to make profits for its shareholders.  Posner’s reasoning is valid and he is right to point all this out to us. But the result is unreasonable.  To be fair, his key suggestions in the Chapter “Reform you can believe in” make sense: find out what happened, tidy up financial regulation agencies, “regulate off balance sheet contingent liabilities,” reform credit rating, return to the Galss-Steagall Act. These are not big picture reforms and they are parochially US.

To give him his due, Posner is aware of a wider world even though he does not look for global solutions. He considers the role of the European social security net to mitigate unemployment and notes it makes business operations less open to risk hiring. The role of the Chinese economic policy and the role of Chinese buying of US securities in the bank crisis is considered. Indeed his final chapter considers America in a world economy, but it focuses on the US and ends with a worrying US structural problem around politics in the US form of democracy and a mounting deficit. There is no room for international banking reforms and measures such as the Tobin tax on international financial transactions. Similarly, the global climate change and environment crisis is touched on, but remains largely an externality rather than a challenge to be incorporated in solutions to the economic crisis. The role of ever more costly oil in the current economy does not arise. That is presumably something economics leaves to the newly saved auto makers.

I have always had a problem with the broad sweep structural arrangement that allows corporate leaders associated with a corporation gone bankrupt to drive home to their large houses and keep their yachts at one of their beachfront condos while the unemployed workforce struggles to collect some pension dues. It seems more galling when the government has had to step in with public funds to sort out the mess. I know that in the current economy I too am personally involved in the corporate status quo – albeit indirectly - because my pension savings over the years were put in a pension plan which invests in various corporate securities. Perhaps the government should have a role in ensuring a pension in an (un)employment corporate disaster? But doesn’t that just raise questions about the structure of corporate pensions?  

So to repeat, Posner’s reasoning works.  I just question the result which is tuned up status quo.  On social justice and maintaining social peace grounds I want the rules to be improved in the direction of greater equity.  According to Judt in Postwar, the 20th century taught us that democracy is sacred. If competition and large degrees of commercial freedom are also valuable, as Posner implies, then the answer is to work to find more equitable arrangements that will provide a new framework governing all banks and other large corporations - initially for the biggest economies, but eventually internationally.


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