Publicly built highways are not an expression of the free market

(posted by jackson)

My friend Alex Marshall, in his newest post up on Governing magazine, asks “What’s up with groups that argue for less government but see publicly built highways as an expression of the free market?” Alex is highly critical of right-wing libertarians whose policy preferences are a simple Rorschach test of their own personal biases - people who label their preferences with the language of freedom, individualism and happiness, whereas any policy they dislike is labeled “socialism” or “tyranny”. Thus, if these people like to drive big cars, then any government action that supports their ability to drive big cars is a bold stroke for glorious emancipation, whereas any policy that interferes with their ability to drive big cars is a form of Stalinism so black that even Stalin himself would have thought it excessive. I encourage you to read the whole post. This is how it starts:

Building a road is a manifestation of power, particularly state power. Carving a road across multiple jurisdictions and property lines — not to mention varying terrain — can be done only by an institution that can override the wishes of any one individual.

This was true in the days of the Roman Empire, when mighty roads were built so well that many of them still exist. And it’s true today. In the exercise of that authority, local, state and federal governments spent more than $150 billion on roads in 2005, according to the most recent federal Highway Statistics report. That’s comparable to what we spend annually on waging war in Iraq.

Given all this, I find it exceedingly strange that a group of conservative and libertarian-oriented think tanks — groups that argue for less government — have embraced highways and roads as a solution to traffic congestion and a general boon to living. In the same breath, they usually attack mass-transit spending, particularly on trains. They seem to see a highway as an expression of the free market and of American individualism, and a rail line as an example of government meddling and creeping socialism.

I should add, Alex is the author of “How Cities Work : Suburbs, Sprawl, and the Roads Not Taken“. Chapter Six of this book will have especial interest for anyone who reads Art Of The Possible. This chapter, titled “The Master Hand“, focuses on the role that government plays in shaping cities:

How Cities Work, a book by Alex Marshall

Americans tend to think of government as something outside themselves, a kind of regulatory body that interferes with the working of both an economy and the development of places. According to this view, the shapers of cities and the creators of wealth are the individual actors: the developer, the house builder, the company owner.

But government–that is, us–almost always lays down the concrete slab that economies and places are built upon. Government not only creates the laws, and operates the courts and the police, it then lays down the roads and builds the schools. In a modern economy, it then proceeds to set up a Federal Reserve System, a Securities and Exchange Commission, the International Monetary Fund, and other more elaborate financial infrastructure.

I sense that most people do not understand this, and the reason can be laid at the feet of an insidious idea called “the free market.” We tend to think that places and economies just happen, built by the invisible hand of Adam Smith if by anyone. In our mind’s eye, we tend to see supermarkets and subdivisions proliferating across the countryside, driven by consumer choice and the decisions of banks to finance them. We tend not to see the government’s prior decision to build an Interstate through the area that made the whole thing possible.

The intersection of place and economics is often in transportation. The decision of what transportation system to build, something almost always done by government, tends to create both an economy for an area or metropolis, and a particular physical framework organized around that infrastructure. So when Denver builds a big airport, it also creates the loose physical structure of warehouses, offices, and shopping centers that proliferates around airports. When New York City built its subway system (which was nominally private but steered and aided by government), it also created the possibility of the dense networks of skyscrapers that would follow. The Interstate Highway System created both a new economics of transportation and a new lifestyle organized around suburban living.

I should add, before I read this book I already had a keen understanding of the extent to which cities were shaped by their economies, and I appreciated the irony of the saying that all cities are similar yet each is historically unique and a product of circumstance. However, this book brought home to me the extent to which every era has its dominant modes of transportation, and how cities are very much shaped by the constraints and possibilities of those modes. Alex puts the issue well in the concluding chapter:

Of all the public decisions that go into place-making, the most important is what type of transportation systems to use. They will determine the character of the city and much of its economy. Do we pave roads or lay down tracks? Do we fund buses or subsidize cars? Do we lay down bike paths or more highway lanes? Do we build airports or high-speed train lines?

What is transportation for? That’s the essential question Lewis Mumford asked forty years ago.

In the first place, it’s for building the economy of a city. A city’s external links to the outside world, its freeways, train lines, airports, ports, and others, will determine the potential of its industry and people. The big links a city has to the outside world determine its economic potential, something most people do not grasp. Thus, people should think hard about, and usually be ready to fund, the new airport, the new train lines, the new port, and even the new Interstate if it actually travels somewhere new, though this is not likely these days.

As these external links are established, attention can be paid to the internal transportation network. We should recognize that the internal transportation serves a different purpose than the external transportation systems of a city. The layout of a region’s internal transportation will determine how people get to work, how they shop, how they recreate, how they live. The standard choice today of lacing a metropolitan area with big freeways for purely internal travel means we will have a sprawling, formless environment. Simply getting rid of the freeways–forget mass transit–would establish a more neighborhood-centered economy and dynamic. But we don’t have to forget mass transit. Laying out train lines, streetcar tracks, bus lanes, bike paths, and sidewalks–and forgoing freeways and big roads–will mean a more place-oriented form of living. Both the drawbacks and the benefits of such a style dwell in its more communal, group-oriented form of living. You will have the option of not using a car. But to get this option, you have to accept that using a car will be more difficult.

Transportation is not the only public decision. Policies on growth and development can help implement a transportation policy. Such policies are far less important than usually thought, however. The major transportation systems dictate the pattern and style of developments. Once those are established, ways will be found over and around zoning and land-use laws to build the type of development that fits with a big highway or train line.

In his post over at Governing magazine, Alex is critical of the Reason Foundation’s love affair with the automobile:

Some typical highway-oriented papers on Reason’s Web site include “How to Build Our Way Out of Congestion” and “Private Tollways: How States Can Leverage Federal Highway Funds.” Rail transit is taken on in papers with titles such as “Myths of Light Rail Transit,” and “Rethinking Transit ‘Dollars & Sense’: Unearthing the True Cost of Public Transit.” I didn’t see any papers about unearthing the true cost of our public highway network.

These are the “the autonomists”, that is, “libertarians who have embraced highway spending”. Of course, there is nothing fundamentally wrong with a group that calls itself “libertarian” trying to decipher the best of two competing policies. It is common, nowadays, to use the word “libertarian” to mean “someone loyal to the classical liberal tradition”, and there is a strain of thought in classical liberalism, going back to Jeremy Bentham’s work on social utility, that laws should do the greatest good for the greatest number. Put another way, government exists to serve the people. The construction of infrastructure, or the provision of a public service, is one of the ways in which government can be useful to the general public. But why would the Reason Foundation suggest that a system of transportation which revolves around cars involves less government support than a system of transportation that revolves around trains?

Alex, in his current post on Governing magazine, is critical of those libertarians who have a blind spot regarding their own dependence on government (or rather, those libertarians who have a blind spot about how much government is involved in the particular solution that they favor). They (those particular libertarians) sometimes sound as if their favored solution is individualistic, whereas everyone else’s solution is socialism. Isn’t there something juvenile about depending on someone (or some institution) yet denigrating their (its) value?

We might ask if there is even any truth to the basic premises from which the Reason Foundation seems to proceed when addressig transportation issues. Is it correct to suggest that mass transit forecludes private-sector competition, whereas solutions that favor automobiles foster competition? Is regional transportation systems even a type of activity in which private-sector competition will be more effective than government action? There are, of course, many instances where government action creates disutility (the War On Drugs destroys people’s lives), but there are also cases where government action offers clear benefits to the vast majority of a population. The point can be made more clear with a quote from Friedrich Hayek’s book, “The Road To Serfdom“. This is from pages 41-44:

It is important not to confuse opposition against this kind of [socialist] planning with a dogmatic laissez faire attitude. The liberal argument is in favor of making the best possible use of the forces of competition as a means of co-ordinating human efforts, not an argument for leaving things just as they are. It is based on the conviction that, where effective competition can be created, it is a better way of guiding individual efforts than any other. It does not deny, but even emphasizes, that, in order that competition should work beneficially, a carefully thought-out legal framework is required and that neither the existing nor the past legal rules are free from grave defects. Nor does it deny that, where it is impossible to create the conditions necessary to make competition effective, we must resort to other methods of guiding economic activity. Economic liberalism is opposed, however, to competition’s being supplanted by inferior methods of co-ordinating individual efforts. And it regards competition as superior not only because it is in most circumstances the most efficient method known but even more because it is the only method by which our activities can be adjusted to each other without coercive or arbitrary intervention of authority. Indeed, one of the main arguments in favor of competition is that it dispenses with the need for “conscious social control” and that it gives the individuals a chance to decide whether the prospects of a particular occupation are sufficient to compensate for the disadvantages and risks connected with it.

The successful use of competition as the principle of social organization precludes certain types of coercive interference with economic life, but it admits of others which sometimes may very considerably assist its work and even requires certain kinds of government action. But there is good reason why the negative requirements, the points where coercion must not be used, have been particularly stressed. It is necessary in the first instance that the parties in the market should be free to sell and buy at any prices at which they can find a partner to the transaction and that that anybody should be free to produce, sell and buy anything that may be produced at all. And it is essential that the entry into the different trades should be open to all on equal terms and the law should not tolerate any attempts by individuals or groups to restrict this entry by open or concealed force. Any attempt to control prices or quantities of particular commodities deprives competition of its power of bring about an effective co-ordination of individual efforts, because price changes then cease to register all the relevant changes in circumstances and no longer provide a reliable guide for the individual’s actions.

This is not necessarily true, however, of measures merely restricting the allowed methods of production, so long as these restrictions effect all potential producers equally and are not used as an indirect way of controlling prices and quantities. Though all such controls of the methods of production impose extra costs (i.e., make it necessary to use more resources to produce a given output), they may well be worthwhile. To prohibit the use of certain poisonous substances or to require special precautions in their use, to limit working hours or to require certain sanitary arrangements, is fully compatible with the preservation of competition. The only question here is whether in the particular instance the advantages gained are greater than social costs which they impose. Nor is the preservation of competition incompatible with an extensive system of social services – so long as the organization of these services is not designed in such a way as to make competition ineffective over wide fields.

…There are, finally, undoubted fields where no legal arrangements can create the main condition on which the usefulness of the system of competition and private property depends: namely, that the owner benefits from all the useful services rendered by his property and suffers for all the damages caused to others by its use. Where, for example, it is impracticable to make the enjoyment of certain services dependent on the payment of a price, competition will not produce the services; and the price system becomes similarly ineffective when the damage caused to others by certain uses of property cannot be effectively charged to the owner of that property. In all these instances there is a divergence between the items which enter into private calculation and those which affect social welfare; and, whenever this divergence becomes important, some method other than competition may have to be found to supply the services in question. Thus, neither the provision of signposts on the roads nor, in most circumstances, that of the roads themselves, can be paid for by every individual user. Nor can certain harmful effects of deforestation, of some methods of farming, or of the smoke and noise of factories be confined to the owner of the property in question or to those who are willing to submit to the damage for an agreed compensation. In such instances we must find some substitute for the regulation by the price mechanism. But the fact that we have to resort to the substitution of direct regulation by authority where the conditions for the proper working of competition cannot be created does not prove that we should suppress competition where it can be made to function.

To create conditions in which competition will be as effective as possible, to supplement it where it cannot be made effective, to provide the services which, in the words of Adam Smith, “though they may be in the highest degree advantageous to a great society, are, however, of such a nature, that the profit could never repay the expense to any individual or small number of individuals” - these tasks provide, indeed, a wide and unquestioned field for state activity. In no system that could be rationally defended would the state just do nothing. An effective competitive system needs an intelligently designed and continuously adjust legal framework as much as any other. Even the most essential prerequisite of its proper functioning, the prevention of fraud and deception (including exploitation of ignorance), provides a great and by no means yet fully accomplished object of legislative activity.

Do systems of regional transportation meet the requirements that Hayek sets out here for “conditions in which competition will be effective”?

I have to admit, I am puzzled by the intensity with which the crew at the Reason Foundation seems to want to see private-sector roads come into existence in the US. Hayek wrote that where “it is impracticable to make the enjoyment of certain services dependent on the payment of a price, competition will not produce the services”. The folks at the Reason Foundation seem to want to jump through a great many hoops so that America can have private sector roads. In my opinion, this is an area of policy where government action is clearly more practical than any attempt to arrange circumstances so as to allow private-sector actors to take control of the provisioning of services. For that matter, I can more easily imagine competing train services offering mass transit than I can imagine competing roads offering some benefit to those in a region who need to use that region’s system of transportation. The only purpose that I can see for allowing private-sector actors to gain control over the roads is to allow a few businesses to enrich themselves, in near monopoly conditions, at the general expense.


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15 Responses to “Publicly built highways are not an expression of the free market”

  1. quasibill Says:

    Excellent post.

    It’s important to point out that these assets (the roads) in large part would not have been built absent state coercion (a similar point can be made about electricity transmission grids). People were forced to become dependent on the asset, and in return received a promise of collective ownership (at least nominally owned by them in the collective capacity). “Privatization” of these assets involves breaching the original ‘contracts’ that these assets were produced from.

    As for the Hayek quote, I think he focuses on “competition” too much. It’s not competition per se that produces the benefit, it is “voluntariness” - and voluntariness encompasses cooperation as well as competition within a set rule frame (in fact, the competition he praises pre-supposes cooperation under a rule of law).

  2. kevin_carson Says:

    Bravo, jackson. And it’s nice to see the reference to Mumford–he’s like a god to me.

    I never cease to be amazed by “libertarian” apologists for urban sprawl and the car culture who also whine about subsidies to mass transit and Amtrak.

    The car culture is the product of a seventy-year experiment in government social engineering. As Ivan Illich put it, subsidized roads only generate distance between things, so that you’re no longer able to live without a car. But with Peak Oil, and with highways and bridges deteriorating several times faster than money can be appropriated to repair them, I suspect we’ll see a reversal of that transformation–in a lot less than seventy years.

    Back in the oil crisis of the seventies, Warren Johnson wrote a book called Muddling Toward Frugality that predicted the same thing. With skyrocketing fuel prices, the interstates would fall into disrepair and big airports would fall out of use, what long-distance trade remained would use the railroads, communities would become a lot more demographically stable with diversified economies, and we’d be buying most of our food and consumer goods from small factories close to where we lived.

  3. kevin_carson Says:

    P.S. You might enjoy this libertarian critique of the local “growth machines”: “Tibor Machan. “On Airports and Individual Rights.” Money quote:

    …in a system of private property rights the use of a parcel of land as an airport may not place unwanted burdens on third parties—just as you may not dump trash on your neighbor’s property. Thus, the operators of the airport may use it only in ways consistent with the equal property rights of their neighbors. Among other things, that means the operators will have to avoid impositions on their neighbors or offer them satisfactory compensation for the hardships.

    One way to violate rights is to impose unreasonable noise on others. Serious noise during the night, for example, when folks are reasonably expected to be getting their rest, is a violation of individual rights. During the day the same degree of noise would not be a violation because nearly everyone is making noise as they go about their business.

    Or take air pollution. At a certain level, “polluting” the atmosphere is normal—living itself produces waste that cannot be avoided. Yet to dump excessive, unreasonable levels of air pollution on third parties—levels not normal within a given realm—is to violate their rights. The details may be difficult to ascertain. But that’s why we have courts and arbitration groups.

    Some people will say that stringent protection of rights would lead to small airports, at best, and many constraints on construction. Of course—but what’s so wrong with that?

    Perhaps the worst thing about modern industrial life has been the power of political authorities to grant special privileges to some enterprises to violate the rights of third parties whose permission would be too expensive to obtain. The need to obtain that permission would indeed seriously impede what most environmentalists see as rampant—indeed, reckless—industrialization. But it could also significantly impede environmental enthusiasts who gladly violate other people’s rights in striving for their objectives (which at times involve returning to a pre-industrial age).

    The system of private property rights—in which building, traveling, farming, woodcutting, and all other kinds of other human activity must be conducted within one’s own realm except where cooperation from others has been gained voluntarily—is the greatest moderator of human aspirations, keeping them in balance with the diverse and reasonable aspirations of all others. In short, people may reach goals they aren’t able to reach with their own resources only by convincing others, through arguments and fair exchanges, to cooperate.

  4. TGGP Says:

    I think Walter Block is working on a book attacking the public road system.

    I don’t think there’s anything objectionable from a libertarian point of view when the Reason foundation endorses a privately owned toll road created without public funds. As for why they don’t do the same for rails, my guess is that their comparative unpopularity in America precludes it from ever entering into their minds.

    Here’s an article on the expansion of rail roads, of course with lots of government funding.

  5. Dain Says:

    I would second TGGP, but only note that I believe Reason also endorses privatizing currently government owned roadways. I can’t say I’m for this, for Randall Holcombe reasons on the illegitimacy of privatizing something that’s already been appropriated by the public at large.

    I DO think, for consequentialist reasons, that the state needs to move to congestion based pricing (which would also help inhibit carbon pollution), but that hardly means selling the roads to the highest bidder.

    (And I’ve brought this up with Kevin before: If it’s illegitimate to privatize things already appropriated by the public - a simply very large collection of “private” owners as far as I’m concerned - what does this mean for decentralization?)

  6. Dain Says:

    Uh, I think I just needlessly used the word “consequentialist”.

  7. kevin_carson Says:

    Dain,

    I’m not sure I understand what you’re asking. I don’t oppose privatization in principle. I think the most just way of privatizing government property, in most cases, is to treat it as the private property of those who are actually occupying and using it. As this affects roads, I recall seeing a suggestion by somebody (forget who) that a state highway system be transformed into a nonprofit corporation owned by the highway users, and funded entirely by tolls on the users. I don’t have any problem with your treating the public as a large collection of private users; that’s essentially how a village common was owned.

  8. Angelica Says:

    Jackson,
    Great post. The affinity of right-libertarians for cars and their disdain for rail really speaks to the underlying conservatism of their supposed libertarianism. Who cares that the highways are state supported? Don’t you know that cars are great metaphors for individualism?

  9. kevin_carson Says:

    Angelica,

    Speaking of state-supported metaphors for individualism, shortly after 9-11 I saw some Randroid celebrating the WTC as a monument to the glory of “Man” and free enterprise. He demanded it be immediately rebuilt as a symbol of defiance. He left out a few details, like it was a crony capitalist deal cooked up between David Rockefeller and the Port Authority, and that involved using eminent domain to raze the Syrian neighborhood that was there before.

  10. TGGP Says:

    As a free trader, I’ve always wondered why world trade needs a “center” or “organization”.

  11. mtraven Says:

    Why does world trade need centers and organizations? Because trade, like any other complex human activity, doesn’t just happen, it is organized by means of complex institutions. The WTC is just a bunch of buildings, but they are buildings in Manhattan which is a center of world trade and finance. The WTO sets standards and rules for trade, which makes it easier for international transactions to take place. Opinions differ about whether this is a good or bad thing, whether the WTO is creating market efficiencies for the benefit of all or is an unelected legislature that represents the power of capital at the expense of labor and the environment. My only point here is that real capitalism is done via real social institutions with political consequences, and the libertarian view of trade as something that happens in some abstract, spontaneous, and depoliticized space is wrong.

    Or, to put it another way: the WTO exists because it is in the interests of various powerful groups to have it exist. These are, in the main, real capitalists and their political allies (neoliberals, etc). It is opposed by people who have opposing interests, such as labor and environmental groups (and anarchist/punk types who find it sufficiently creepy that they can organize against it). Where do libertarians fit into this? Which side are you on?

  12. kevin_carson Says:

    mtraven,

    IMO “free trade” simply means allowing Americans, without tariffs or other interference, to do business with anyone in the world who is willing to do business with them, on whatever terms they can negotiate. It also means letting them do so entirely on their own nickel, and assume all the costs and risks of their own activity along with the benefits.

    The “powerful groups” you mention support neoliberal institutions as a way of obtaining subsidies and getting protection from genuine market competition.

    A good example is the IP provisions of the Uruguay Round of GATT. The profitable corporate sectors in the global economy, for the most part, are those relying most heavily on IP: software, entertainment, electronics, biotech and drugs. (That’s leaving aside those that depend on direct subsidies, like arms and agribusiness). IP serves exactly the same protectionist function on a global scale that tariffs did in the old national economy. IP now, like the tariff then, is the “mother of cartels.”

    Another good example is the role of foreign aid and World Bank loans in providing corporate welfare. Since its institution, the WB’s main function has been to subsidize the transportation and utility infrastructure without which Western overseas capital investment couldn’t be profitable. In so doing, it has also subsidized a model of development based on large-scale production of cash crops and consumer goods for the export market (and for the tiny native comprador bourgeoisie), rather than local production for the needs of small towns and villages.

  13. Dain Says:

    Kevin,

    Can you give me some sources for the history of World Bank and corporate collusion? I’m writing a paper on that, actually.

    I’ve got a book called The Soft War about USAID and latin america that is quite interesting, but the World Bank isn’t a big player in that narrative.

  14. kevin_carson Says:

    Dain,

    Below is a relevant passage from Chapter Seven of Studies in Mutualist Political Economy, with footnotes:

    According to Gabriel Kolko’s 1988 estimate, almost two thirds of the World Bank’s loans since its inception had gone to transportation and power infrastructure.28 A laudatory Treasury Department report referred to such infrastructure projects (comprising some 48% of lending in FY 1980) as “externalities” to business, and spoke glowingly of the benefits of such projects in promoting the expansion of business into large market areas and the consolidation and commercialization of agriculture.29

    Besides the benefit of building “an internal infrastructure which is a vital prerequisite for the development of resources and direct United States private investments,” such banks (because they must be repaid in U.S. dollars) require the borrowing nations “to export goods capable of earning them, which is to say, raw materials….”30

    28. Gabriel Kolko, Confronting the Third World: United States Foreign Policy 1945-1980 (New York: Pantheon Books, 1988) 120.

    29. United States Participation in the Multilateral Development Banks in the 1980s. Department of the Treasury (Washingon, DC: 1982) 9.

    30. Gabriel Kolko, The Roots of American Foreign Policy: An Analysis of Power and Purpose (Boston: Beacon Press, 1969) 72.

  15. Dain Says:

    Thanks Kevin.

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