The idea of having government regulate systemic risks is akin to trying to put out a fire by dousing it with jet fuel. I explain in this letter:
Editor, The Wall Street Journal
To the Editor:
Peter Wallison masterfully exposes the pitfalls in Rep. Barney Frank's proposal to create a "systemic risk regulator" ("Congress Is the Real Systemic Risk,"
March 17). But it's worth emphasizing that we already have an excellent
regulator of systemic risks: the market. Because participation in any
aspect of the market is voluntary, each individual – risking only his
or her own assets – chooses how, and how much, to participate. The
competition, personal responsibility, and inherent decentralization
characteristic of the market keep systemic risks small.
Large
systemic risks are created only when competition is replaced by
monopoly power, when decentralization is supplanted by centralized
decision-making, and when personal responsibility gives way to
socialized 'sharing' of costs and benefits. Government is the one
institution capable of achieving this troika of troublesomeness.
Monopoly control over the money supply is only the most devious of the
countless ways that government dangerously intrudes itself
systemically, and with no competition, into market transactions.
Sincerely,
Donald J. Boudreaux









{ 49 comments }
"Large systemic risks are created only when competition is replaced by monopoly power, when decentralization is supplanted by centralized decision-making, and when personal responsibility gives way to socialized 'sharing' of costs and benefits."
Don – a very nice letter.
But wouldn't you say that this is a sufficient, although not a necessary precondition for systematic risk? I guess what I'm saying is that I'd take issue with your use of the word 'only' in this sentence. We all know that never is a very strong word to use… I would say that 'only' is as well.
I would agree with the use of the word 'only' because monopoly, centralization, and involuntary socialized 'sharing' require the use of force, and force is a power given to just one institution: government.
Daniel Kuehn,
I'll go ahead and ask the next question.
Can you describe other possible scenarios for creating systemic risks in as varied and dispersed an economy as ours? It seems to me that decisions about to be made by Obama and company are the only ones that could lead to systemic collapse. Don't see how companies or banks, without government backing, could inflict damage on so great a scale as to be labeled systemic.
What I was disputing was that that is the "only" thing which can cause systematic risk.
There is a good case to be made AGAINST using the government to regulate systematic risk, and Don does a good job at making that case.
In my opinion, he does a very poor job at explaining why systematic risk ONLY emerges "when competition is replaced by monopoly power, when decentralization is supplanted by centralized decision-making, and when personal responsibility gives way to socialized 'sharing' of costs and benefits."
, he does a very poor job at explaining why systematic risk ONLY emerges
If it is such POOR job, the reasons must be so obvious to you. So enlighten us. I don't see any other way, so help me out here.
Listen guys – I am no finance expert (case in point – it seems I used the word "systematic" instead of "systemic" in my original post). I don't know what else may cause it, but it seems to me that all you need for systemic risk is considerable interdepencies.
I am not the one that used such declarative language – Don used it. The burden is not on me to refute that language because I didn't choose it in the first place.
Don said that (1.) centralized decision making, and (2.) socialized costs and benefits are the "only" causes of systemic risk. If he was the one that said it, he clearly knows why there are absolutely no other causes.
I'm curious about why he's so declarative without producing a shred of evidence for being so declarative – I never claimed to have an answer.
He did a "poor" job because he didn't even attempt it justify it. I'm not saying he's not capable of doing a good job. I'm just saying the job he did was poor.
Daniel,
I'm serious. Not trying to be argumentative for it's own sake. I'm a non-academic, non-economist. Trying to educate myself and strengthen my own arguments. The ideas that Dr. Boudreaux put forth in his letter seem clear to me. You challenged the use of "only" in relation to the creation of systemic risk. Can you offer examples?
Thanks
RickC -
I'm serious as well. I'm not a finance expert. I absolutely cannot provide you with a solid example, and I don't think my question obligated me to. However, my understanding is that systemic risk essentially requires strong interdependencies of financial institutions. If that's what is at the heart of systemic risk I see absolutely zero reason why Don would be so restrictive in listing it's causes. Can I give you a specific example? No. Don seems to know why there is no other way, though – so it might be worth him commenting.
He does make a very good case against government regulation. I want to try to challenge the conventional wisdom in some circles that "Government is always the problem". I don't think it's always the problem. That doesn't mean I believe the converse – that "government is always the solution". I'm very suspicious of state interventions – I think that's our birthright as Americans. And I will say I think Don did a good job explaining why a state intervention could be like throwing gas on the fire.
But I find his unbridled faith in the market grating – and that's what I'm trying to address.
"But it's worth emphasizing that we already have an excellent regulator of systemic risks: the market". The fact that this regulator didn't work is obvious.
For the markets to work as a systemic risk regulator, the actual players in the market have to have real downside consequences along with the upside benefits. Wall Street had all upside benefits and limited downside risks. If traders in other peoples money and futures risked everything, perhaps they wouldn't have believed the ratings on CDO's. The bankers need more real skin in the game. Perhaps, they may need physical punishments for poor decisions, not just smaller windfalls on the upside.
"Monopoly control over the money supply is only the most devious of the countless ways that government dangerously intrudes itself systemically…"
I'm still waiting with bated breath to see what alternative to our current monetary system that Don and Russ would prefer and how they might envision us getting from what we have currently to that alternative. It's hard for me to take such statements seriously until I know what the alternative is.
OK, delete "only".
I think what remains will suffice.
Kudos Bret!
I think the Ron Paul types frame the whole monetary system debate all wrong. Yes the Fed inflates away the value of the dollar over time. We all know that – it's not that big of an insight.
The question is – do the benefits of central control outweigh the costs of that inflation? Does the benefit of escaping the violent pre-Fed swings between rapid deflation and inflation outweigh the cost of the steady inflation we can expect from the Fed? It is, like so many things, a tradeoff.
I'm not an expert on monetary economics either – I've been fairly happy living under the Fed in my lifetime and I suspect it's worth the cost.
But I do always wonder why Ron Paul and others never seem to frame this as a tradeoff, and always seem to frame it as a decisive answer. If you don't frame it as a tradeoff, I suspect you really don't understand the issue at hand.
In my opinion, he does a very poor job at explaining why systematic risk ONLY emerges "when competition is replaced by monopoly power, when decentralization is supplanted by centralized decision-making, and when personal responsibility gives way to socialized 'sharing' of costs and benefits."
Daniel,
The effects of diversification.
Regulation creates barriers to entry for competitors. This means that activities and their associated risks are concentrated in the unnaturally small and unnaturally large companies that arise within the iron walls of regulation. Risk becomes consolidated instead of spread out over many more and smaller companies.
Without regulation, many more companies would exist because there would be lower barriers to entry. A larger number of competitors would mean that the risk is more diversified among them, making it unlikely that any one company could grow so large as to precipitate a failure of the entire system should it fail.
Another way to frame it is by drawing an analogy to a portfolio. The expected volatility of a portfolio of three assets is greater than the expected volatility of a portfolio of ten assets. In a three asset portfolio, the loss of one asset has a much greater effect than the loss of a single asset in a ten asset portfolio. Regulation and government interference limits the number of
"assets" in the portfolio by increasing barriers to entry.
Socializing risk means that these companies, now protected from competition and from the consequences of their own actions, can take a very relaxed attitude toward risk, which is also now dangerously concentrated.
I don't know if that's what Don had in mind, of course.
For those really interested in theories of systemic risk that don't involve government intervention, here is a paper you might be interested in.
Agency Costs, Collateral, and Business Fluctuations by Bernanke and Gertler
Abstract:
"Bad economic times are typically associated with a high incidence of financial distress, e.g., insolvency and bankruptcy. This paper studies the role of changes in borrower solvency in the initiation and propagation of the business cycle. We first develop a model of the process of financing real investment projects under asymmetric information, extending work by Robert Townsend. A major conclusion here is that when the entrepreneurs who borrow to finance projects are more solvent (have more "collateral"), the deadweight agency costs of investment finance are lower. This model of investment finance is then embedded in a dynamic macroeconomic setting. We show that, first, since reductions in collateral in bad times increase the agency costs of borrowing, which in turn depress the demand for investment, the presence of these financial factors will tend to amplify swings in real output. Second, we find that autonomous factors which affect the collateral of borrowers (as in a "debt-deflation") can actually initiate cycles in output."
It was published in the AER under a slightly different title, but I remember the NBER version being better bc it has a section on policy implications.
There are more such papers you could find on google scholar. The bottom line is that if you write a model with a non-trivial financial sector with asymetric information in financing projects and acquiring capital, you can get heavy systemic risk.
Thank you Charlie.
Methinks – I'm not disputing any of that. Of course diversification and decentralization protect against systemic risk. I'm not saying the market does a bad job at it! It does quite well. I'm just not convinced it could never happen in a free market.
Charlie – be careful quoting things like that on this blog. Keynesians had a pretty big role to play in promoting asymmetric information as a possible microfoundation for Keynesian macroeconomics. You're in dangerous territory for even bringing it up!
Daniel,
Okay, then you'll have to make a case for how competition is replaced by monopoly power, risks are socialized and centralized decision making supplants competition in the absence of government power.
Don never claimed there is no systemic risk without government intervention. He merely stated that the natural consequences inherent in the market do a better job of regulating systemic risk than top-down government intervention. Since you don't deny that government intervention causes the aforementioned problems, I don't understand your disagreement.
Sam –
I missed that comment up there!
Yes, if you delete "only" I think it would suffice just fine! But there's no fun in keeping the solution that simple! I had to make a scene over it!
In seriousness, though, there was another reason to make a scene over it. I don't think Don's inclusion of "only" was just a casual mistake. I think there are a lot of people in the world – and a huge majority or people on this blog, who operate on the assumption that collectives can do no right and (perhaps even more dangerously) individuals can do no wrong.
I won't sugar coat it – that is a stupid, petty, destructive assumption to make. Don made that assumption by including the word "only" in his letter to the editor – and I do think it was an intended, if not entirely conscious word choice on his part.
But yes, Sam – drop the word "only" and I think it is a superb word of caution from the professor.
Methinks –
I never claimed he said that government intervention is the only cause of systemic risk. I specifically listed the two conditions that he listed:
(1.) centralized decision making, and
(2.) socialized costs and benefits are the "only" causes of systemic risk.
And my criticism was – how do you justify that those are the ONLY two causes of systemic risk.
a huge majority or people on this blog, who operate on the assumption that collectives can do no right and (perhaps even more dangerously) individuals can do no wrong.
Okay, straw man slayer, point to where the huge majority on this blog think the individual can do no wrong. Also, point out how the specific problems Don mentions arise without government power.
It's so much easier to make sweeping statements and build straw men than it is to provide evidence and arguments, isn't it. I won't sugar-coat it – that's stupid petty and destructive.
We did talk about government and markets – and I said that his use of the word "only" seemed to be symptomatic of a naive trust in markets and a naive distrust in government. If I overanalyzed his position, I may be wrong about that.
But I was very specific about the conditions that he listed and I still don't know why he justifies it.
By the way – random thought on "regulations centralize and consolidate markets"… what about antitrust? If the state can inefficiently concentrate markets by fiat, why can't it in inefficiently disperse markets by fiat?
close tag
Methinks -
I like that
"Strawman slayer"
I actually wish I had rephrased that before I posted it. I wanted to retract "individual" and insert "market". I think it is probably more accurate to say that a large majority here think that "the market" can do no wrong. And as you point out, obviously that's a straw man too. I probably should have said that a "majority on this blog think that the market is a guaranteed way of obtaining an optimal solution, given the set of feasible courses of action". That last one is probably closer to the truth. Is that still too accusatory? If it is let me know – I think it's fine and I'll assert it.
I'm not saying that those two conditions can arise without government power. I wouldn't be surprised if they can – but that's not what I claimed. What I claimed was that those two things are not the ONLY cause of systemic risk.
Take a look at Charlie's post of Bernanke's NBER working paper. Asymmetric information in a free market. The government didn't do that. Centralized decision making and socialized costs and benefits didn't do that either – and that's a cause of systemic risk.
Thanks for keeping me honest on what I said about people on this blog – feel free to point out other straw men I set up.
And as I said before – I feel zero obligation to present evidence or arguments. Don is the one making the unfounded statements. All I'm asking for is a little foundation. I don't have to prove myself as a precursor to questioning his declaration.
Daniel: (1.) centralized decision making, and
(2.) socialized costs and benefits are the "only" causes of systemic risk.
Don:"Large systemic risks are created only when competition is replaced by monopoly power, when decentralization is supplanted by centralized decision-making, and when personal responsibility gives way to socialized 'sharing' of costs and benefits. Government is the one institution capable of achieving this troika of troublesomeness.
Emphasis added.
LARGE systemic risk, is what Don said. Ostensibly larger than otherwise would exist.
I said that his use of the word "only" seemed to be symptomatic of a naive trust in markets and a naive distrust in government.
No, you clearly said: "a huge majority or people on this blog, who operate on the assumption that collectives can do no right and (perhaps even more dangerously) individuals can do no wrong."
1.) Those to statements are not the same thing and insulting the intelligence of the readers and hosts on this blog by denying what you said when the evidence is before us is just makes you look like a troll.
2.) Why is it naive to believe that bottoms up markets produce better results than top down government? I've lived in a command economy before and in the hodge podge of Western Europe as well, so I'm particularly curious why you believe it is less naive to believe in the mighty power of government over markets to achieve a more favourable result.
OK wait a minute – when I extrapolated from Don's use of the word "only" I was making a statement just about Don. Then I made an additional observation about people on this blog. Those two statements are not the same thing – but I didn't deny anything. In fact I accepted what I said about people on this blog, and revised it when you pointed out I was wrong. I didn't mean to insult anybody's intelligence – if you took it as an insult then maybe I'll phrase it more delicately next time.
On your #2 point – I agree that generally speaking, bottom up markets produce better results than top down government. Why would you assume that I would believe anything other than that?
On "large" vs. other systemic risks… First, if a systemic risk isn't large, it probably doesn't really count as a systemic risk, right? Second – how in the world does that change things? He is still narrowly defining what could cause a systemic risk – large or small – and he's still doing it without evidence.
And let me say one more thing – I know it was just a letter to the editor. I know it was not a format conducive to providing evidence. But in that case, I think he ought to have just left off the word "only" like Sam suggested and I would have been fine with it!
Here is a non-gated version of the article that appeared in AER, still don't think it is as good as the working paper version. Link
There is a taste of what is interesting in the working paper from the conclusion, "Issues of efficiency and policy are taken up at greater length in our 1987 paper. In particular, that paper discusses whether a policy of "debtor bailouts" (redistributions from lenders to borrowers) may be desirable when borrower net worth is low. Also addressed there is the issue of whether agency costs typically lead to "under" or "over" – investment on average."
Most will find this paper way too technical, but it is a flavor of what economist's due.
Thanks again Charlie.
Don – we have yet to hear from you. Was "only" an overreach or do you stand by it?
Milton Friedman was a monetarist, but later on, he had second thoughts about the costs of paper money.
In essence, the equation must include human factors. Politicians face certain incentives denied (rightfully) to the rest of us.
I like to think his monetarist, life-time consumption, natural rate years were his better years – but perhaps he would have challenged me on that
Another disclaimer – haven't really read any of what Friedman actually wrote at this point, but his Monetary History is next on my reading list after I finish off what I'm currently reading. My lack of direct experience with that work has been eating away at me since everything went to hell this past Fall.
I stand by "only" — but point out that Methinks is correct to note that I also said "large".
Don
Daniel,
our posts are out of order a bit, causing some confusion.
You don't have to phrase things delicately, just accurately to avoid confusion. Glad you like "straw man slayer". You'd like it even better if you could see my mental image of a straw man slayer
"a majority on this blog think that the market is a guaranteed way of obtaining an optimal solution, given the set of feasible courses of action"
I don't think you were being accusatory, just inaccurate. I'm not sure this statement is accurate either. I can't speak for everyone, but I would reject it for myself because I don't believe that we can 'guarantee' anything. I would say that a bottoms up approach gives us the highest probability of obtaining an optimal result in most cases.
I also think government is more efficient for certain things like providing for the common defense, redistributing some wealth (negative income tax is my preference), running the court system, maintaining rule of law and protecting the interests of the mentally insane, incompetent and minors. Although, I've had sufficient experience with the last function to know exactly how poorly the government acts in that capacity. I just haven't thought enough about it to come up with a better solution.
WRT systemic risk: Actually, now that I'm not posting between actual work activity and I've thought about it some more…we might be misusing terms.
Isn't "systemic risk" the risk we end with after diversification? That is "systemic risk" = "undiversifiable risk". If that's true then government can't reduce systemic risk. Regulation arbitrage simply moves the risk from more regulated industries to less regulated industries or segments of industries, but it remains in the economy. If government regulation engulfs the entire economy, then the systemic risks moves to the black market, no? Meanwhile, the economy stagnates. The cost of reducing and undiversifiable risk is greater than the benefit.
If government can't reduce systemic risk by definition, then it can only impose unnecessary costs to maintain systemic risk with the large potential for introducing new risks – diversifiable risk.
I don't think about these things regularly. Feedback would be appreciated.
Methinks -
Commonly that is referred to as "systematic risk". Although there is certainly overlap, I suspect that systemic risk is intended to refer to something different. The example that comes to mind of systemic risk is the hypothesized large-scale collapse of financial institutions due to overlapping credit exposures should one fail; The so-called 'domino effect'. I would also note that it was widely believed that the failure of Enron would have led to just such a collapse among their counterparties. In the event, it turned out that their counterparties were not as dim-witted as the markets' critics imagined they would be and no one failed. A lesson to be learned? Apparently not.
Jl,
Thank you for your response. It was also believed that hedge funds posed systemic risk, yet they have been blowing up every day without blowing up the system.
Systemic risk results from interdependence. Without interdependence, there can be no cascade effect or "systemic risk". With or without a Fed, an SEC, a FINRA, an FDIC the institutions trade with each other and overlapping credit exposures will always exist. Thus, I'm wondering just how controllable that risk is. In other words, is systemic risk in this sense very different from undiversifiable risk in securities?
I'm learning a ton here, and most of the discussion is about things that I have much to learn about – so I've kept quiet and watched the show.
I do have to step into Daniel's statement, "a huge majority of people on this blog, who operate on the assumption that collectives can do no right…"
If you had stated that, "a huge majority on this blog operate on the assumption that a forced collective can do little right", I would have easily agreed with that statement.
"Isn't "systemic risk" the risk we end with after diversification? That is "systemic risk" = "undiversifiable risk"."
I think you are still confounding two types of risk. I would analogize it to driving through a city, where traffic is coordinated by a series of traffic lights. Obviously, the cars will always face some undiversifiable risk, no matter what some cars will get in wrecks. But suppose all of the traffic lights were connected, so that one wreck in the intersection that destroyed a light took all of the others off-line. The wreck has a cost to the people involved, but the damage of the light caused a huge amount of additional damage as the coordination of the whole city was compromised.
It is possible that such an arragement could arise even from private provision of the lights. Perhaps, the first entepreneurs intersection reached such a mass of traffic that he built light, the next wanted his light coordinated with the first for convenience…etc. Even if there is a strong incentive to keep your traffic light working, one obviously wouldn't bear all of the cost for the discoordination that would be caused by the rest of the system going down.
I think this is the problem with systemic risk. There are two functions of the financial system the first you mention is diversifying rent, but the second is possibly more important providing a mechanism for borrowers and lenders, risk-takers and risk-averters to be brought together. It is this coordination effort that could be taken down by systemic risk.
Good thoughts, jl, Methinks, and Charlie –
I appreciate them.
brotio -
I would agree with that statement too (ie – I would agree that the majority of people here believe that), but I don't think it stops there. As an outsider looking in – and I don't mean this in an insulting way – this blog comes across as being very naive about the potential built in instabilities of the market. And you don't have to be "anti-market" to recognize those instabilities. Maybe you guys really do accept that they're out there, and appreciate the impact of "market failures". That would be great – but it doesn't really come across at all.
Don -
I read "large". I fail to see how that changes things. I can still imagine large systemic risks emerging outside of the conditions you apply. What's most troubling to me about your insistence is that you had a fundamentally good argument and deleting "only" would do nothing to diminish that argument.
Won't be posting for the next couple of days – at a conference. This was fun, thanks.
Daniel, I think many people assume that statements along the lines of "Government does extremely little right" implies "Markets can do no wrong." That is of course false, and Don (and others here) have noted that markets are not perfect. Don makes a point to say so in many EconTalks as well, I have noticed.
I think most people that you refer to here in the Cafe would agree that the Market is not perfect, but is in fact vastly superior to the government in nearly all endeavours. It is not a question of which is perfect, but which produces the better results.
"a huge majority on this blog operate on the assumption that a forced collective can do little right"
There is a reason for the coercion, to induce people to go against their own judgment in favor of the judgment of some other party.
This may be justified in aid of people of poor judgment, but then the justification holds as well in the case of people with
very good judgment.
As coercion is substituted for persuasion, it is often the case that those with poor judgment override those with good judgment, otherwise persuasion would more likely be used.
"a huge majority on this blog operate on the assumption that a forced collective can do little right"
There is a reason for the coercion, to induce people to go against their own judgment in favor of the judgment of some other party.
This may be justified in aid of people of poor judgment, but then the justification holds as well in the case of people with
very good judgment.
As coercion is substituted for persuasion, it is often the case that those with poor judgment override those with good judgment, otherwise persuasion would more likely be used.
I take issue with the use of terms such as "market failure" or "the market is imperfect".
The market is not a creature of design or agency, or even of purpose. As such, the market cannot fail or succeed. The market is a feedback system.
If you ignore of interfere with the feedback function, you are likely to suffer worse consequences than otherwise.
In fact, one of our complaints about political intervention in the market is that it tends to interfere with the feedback function.
Now people, as beings of agency, can succeed and fail in the market, and things that we design and create can work and fail. The market does not have such characteristics.
When we speak of the market we must always do so with the understanding that "the market" is not really a "the" kind of thing.
Maybe I'll eventually figure out how to say that better.
"I take issue with the use of terms such as "market failure" or "the market is imperfect".
The market is not a creature of design or agency, or even of purpose. As such, the market cannot fail or succeed. The market is a feedback system."
I think of the goal of a market as organizing goods efficently or Pareto Optimally. That is a market is failing when there is some other allocation that can make everyone better off (or more correctly make at least one person better off without making anyone else worse off).
In that light, I think market failure is a useful term that belongs in the vernacular. Certainly, it is a useful concept.
That is a market is failing when there is some other allocation that can make everyone better off (or more correctly make at least one person better off without making anyone else worse off).
Then that is a failure of market actors. They should be getting the appropriate feedback. The function of profits is to entice market actors into discovering that other allocation. This is the role of entrepreneurs.
The market is a dynamic system and there will always be some allocation that will improve things. If we take this as market failure, then we must take the position that the market is in a state of constant failure.
The problem with thinking of the market as a thing is that some people think they can "fix" it. In doing so, they inevitably interfere with the feedback function and obstruct discovery.
I think a more useful term would be "intervention failure".
I think of the goal of a market as organizing goods efficently or Pareto Optimally. That is a market is failing when there is some other allocation that can make everyone better off (or more correctly make at least one person better off without making anyone else worse off).
Markets don't have goals.
There is no reason to believe and there is no empirical evidence to support the fantasy that a central body is more capable if efficiently allocating resources and achieve pareto optimal allocation. I'm not sure pareto optimal is achievable for the simple reason that "better off" is subjective.
There is plenty of empirical evidence that interference with markets (that is, uncoerced private transactions between people) causes severe inefficiencies. We are living through the consequences of one such inefficiency now.
It is this coordination effort that could be taken down by systemic risk.
Charlie, unless I misunderstand you, there is no coordinated effort on the part of the industry apart from the coordinated effort effected by the regulator. There is a lot of interdependence. That interdependence causes systemic risk (potential cascade effect). There is nothing the regulator can do to prevent that risk except to loosen regulations to allow companies to become more diversified.
The only thing I can think of that the regulator can potentially do is to limit leverage so that losses aren't as magnified. But, regulators were already closely regulating leverage. All the banks were compliant with Basil II.
"The problem with thinking of the market as a thing is that some people think they can "fix" it. In doing so, they inevitably interfere with the feedback function and obstruct discovery."
But it is something that people can fix at least in principle by altering institutions. That's the whole point. If peoples' cars pollute my air, I would gladly pay them to stop if I could, but there is no market for it. In principle, we could form an institution where I am taxed and they compensated for polluting less, where we are both better off.
The point is that there are things that affect well-being that won't ever be fed back through markets, because private property rights don't exist or because contingent contracts can't be written, so the feedback loop is flawed.
"Markets don't have goals."
If we can't rank markets by how well they allocate resources, it should put libertarians at ease. Then we don't have to worry about bad regulations or institutions, since all markets would be created equal. I don't think it is really a defensible position though.
"There is nothing the regulator can do to prevent that risk except to loosen regulations to allow companies to become more diversified."
Not necessarily, suppose due to scale effects it is good for a financial company to become larger, but suppose when a large company fails it inflicts a much larger coordination cost than when a small company fails. In principle, the market actors could make everyone better off by the small companies paying the big companies not to become large, but the market won't exist for this (everyone would pretend to be about to become large). A regulator could potentially fix the problem by taxing size and dispersing it.
Methinks, Going back to my example about stop lights, it might make sense to pass a law or a tax to limit interconnectivity of traffic lights, even if that was the market outcome. It is incorrect to assume that regulation can only prevent diversification.
The point is that there are things that affect well-being that won't ever be fed back through markets, because private property rights don't exist or because contingent contracts can't be written, so the feedback loop is flawed.
Ever is a long time.
Why don't property rights exist?
An early pollution case involved a orchard framer suing the railroad because the emissions from steam engines were damaging his trees. The court ruled for the railroad proclaiming that "we can let property rights stand in the way of progress."
That's why I think "intervention failure" is a more useful term.
If there are problems because of a lack of property rights, it's likely because intervention has prevented their application.
I don't see these problems as "market failure", I think it's a problem with market actors.
A judge may have written these words, but the court actually ruled that the farmer's property in his land and trees didn't entitle him to compensation from the railroad for damage allegedly caused by train exhaust.
It's absurd to say that the court "intervened" in the farmer's property right. The court rather established the legal limit of the right. Without the court, the right doesn't exist at all. Rights are not whatever you imagine them to be.
A market is a place where property holders exchange their property. Property itself is a forcible monopoly established by a state. "Market" means nothing without these forcible proprieties, and the effect of market organization is inextricably linked to the particular forcible monopolies that a state establishes.
Presumably, if you exercised state authority, you would have granted compensation to this farmer from the railroad proprietor, i.e you would have established "property" differently, thus making the farmer richer compared with the railroad proprietor.
Your preference for your decision over the court precedent you cite, and you may defend it here against contrary assertions of propriety, but your disagreement with the court has nothing to do with the market. It has to do with particular rights that the farmer and the railroad proprietor may exchange in a market.
After all, farmers could pay railroad proprietors to add filters to their smokestacks, if they expect this filtering to add value to their trees.