James M. Buchanan’s contractarianism and modern liberalism

This paper contrasts Buchanan’s contractarian–constitutional liberalism with Hayek’s evolutionary liberalism and Rothbards free-market liberalism as representative branches of the classical liberal tradition. While Hayek and Rothbard focus on individual liberty as private autonomy, Buchanan posits that individual sovereignty should be recognized as the fundamental normative premise of liberalism. He insists that a consistent application of this premise requires liberals to respect individuals as sovereigns not only in their capacity as private law subjects but also at the constitutional level of choice where, as sovereign citizens, they choose, jointly with their fellow citizens, the rules under which they wish to live. It is argued that by supplementing the notion of individual liberty as private autonomy with the concept of individual sovereignty in constitutional matters Buchanan lays the theoretical foundation for complementing the well-developed liberal theory of the market with a consistent liberal theory of democracy.     

Politics as exchange: the classical liberal economics and politics of James M. Buchanan

James Buchanan advocated the market mechanism for allocating resources because it is based on voluntary exchange. People engage in market transactions only when they believe they benefit from doing so. Buchanan depicted the political process the same way. People engage in collective activities to accomplish together ends that they would be unable to accomplish individually, or through bilateral exchange. Buchanan’s vision of politics as exchange is a normative framework for evaluating the rules within which political activity takes place. Rules that meet the criterion of agreement are desirable constitutional rules, and Buchanan recognized that not all government activity satisfies that criterion. Buchanan is the father of the subdiscipline of constitutional political economy, and his “politics as exchange” approach provides the foundation for much work in that area. Buchanan has created a foundation that is rich in ideas, but leaves behind a number of unanswered questions that point the way toward a further development of the research program in constitutional political economy.     

Buchanan and public finance: The tennessee years

James Buchanan’s views on public finance have already been analyzed and they are quite well known, as are their origins and roots. However, nothing has ever been said about why Buchanan chose public finance in the first place. The first goal of this paper is to show that Buchanan had made this choice before arriving at Chicago. We show how Carlton C. Sims and Charles P. White influenced him. We also show, by analyzing Buchanan’s M.A. thesis, that he was not only interested in public finance but was also primarily concerned by ethical questions and defended a bureaucratic centralized solution to solve the problem he was discussing – how to share the benefits collected from a gasoline tax among Counties. This helps to understand that Buchanan did not choose to study public finance to learn how to fight government intervention. Quite the contrary: it was to legitimate it. Second, we also demonstrate that a lot of the ideas that will matter for Buchanan in his career – the importance of ethics and the principle of an equal treatment for equals, the need to link taxes to benefits, the importance to adapt the scale of provision of a public good to the type of public good – were already present in this first work.

     

Methodological individualism: True and false

I apply Hayek’s distinction between ‘true’ and ‘false’ individualism to methodological individualism. Hayek traced ‘false’ individualism to Cartesian rationalism; Hayek’s rejection of Mises’ praxeology was due to its rationalist underpinnings. The first half of this paper identifies praxeology’s foundational philosophical concepts, emphasising their Cartesian nature, and illustrates how together they constitute a case for methodological individualism: intuition and deduction; reductionism; judgement; dualism. In the second half of this paper, I draw upon philosophy and cognitive science to articulate ‘Hayekian’ (N.B. not Hayek’s) alternatives to these Cartesian concepts. The Hayekian alternative allows a ‘gestalt switch’ from the individual- to the system-level perspective. I therefore suggest that methodological individualism is both true and false: true, in that economic phenomena are grounded in the actions of individuals; false, in that certain problems might be reconceived/discovered at the system-level. I finish by suggesting three avenues of research at system-level: optimisation; stigmergy; computational complexity.     

Constraining Leviathan

This article commemorates James M. Buchanan and his contributions to public choice and constitutional political economy. It focuses on what Buchanan had to say about constraining the State, or as he often referred to it, Leviathan. It concentrates on a handful of his major works that I think capture important elements of his thinking. It discusses Buchanan’s writings on public debt and government deficits; the size of the state; federalism; and taxation, among other things. It is argued that the main emphasis in Buchanan’s work as it pertained to constraining the State was to include provisions in the constitution that could achieve this end. These included a balanced budget amendment, rules governing the expansion of the money supply, constraints on the types of taxes that could be levied, linking expenditure proposals to the taxes that would finance them, earmarked taxes, and a generality principle, which would avoid a majority coalition’s exploitation of a minority. The article also includes a discussion of the current constitutional crisis in the United States.     

Old (Chicago) school,new century: the link between Knight and Simons’ Chicago plan to Buchanan’s constitutional money

James Buchanan had long been a champion of the early Chicago school’s emphasis on the essential role that institutions play in framing the market process. In his post-2009 analysis of the financial crisis, Buchanan echoed his old Chicago mentors like Frank Knight and Henry Simons in arguing that the Great Recession, like all previous financial crises, was primarily a failure of the rules governing our monetary-financial system. This “old Chicago” emphasis on the institutional “rules of the game” formed the basis of his essential post-2009 argument that the financial crisis fundamentally represented not a market failure, per say, but a constitutional failure. In this paper, I connect the dots in Buchanan’s post-2009 analysis of the Great Recession and his reaffirmation of the need for “constitutional money” to his old Chicago mentor’s strikingly similar calls for a radical restructuring of the monetary-financial system in the Chicago Plan of the 1930s. Though Buchanan’s twenty-first century resurrection of these ideas has yet to conjure up the academic support of his predecessors, certain elements of his “old school” monetary-financial reforms have experienced a strong revival since the financial crisis, as has Buchanan’s more general call to “constitutionalize money.”     

Political Learning: The Neglected Precondition of Constitutional Reform

This paper analyses the claim of constitutional economics that liberal economic policy requires far-reaching constitutional reform. The paper starts with a restatement of this claim and reinforces the rationale of the currently most influential variants of constitutional economics as represented by contractarian constitutional economics (Brennan, Buchanan), on the one hand, and Hayek s evolutionary theory, on the other. However, these constitutional proposals have shortcomings because the institutional preconditions of constitutional reform are not sufficiently reflected. Instead, I argue that, in face of economic crisis, a revision of in-period politics requires no more collective rationality than constitutional reform does. As a consequence, the introduction of new constitutional rules depends on political learning. The article concludes that constitutional rules in the sense of CPE can stabilise political learning but they cannot replace it.     

Neoliberalism with a Feminist Face: Crafting a new Hegemony at the World Bank

Neoliberalism has been discredited as a result of proliferating crises (financial, ecological, care) and mounting inequality. This paper examines the growing research on gender at the World Bank as a site for the construction of a new hegemonic consensus around neoliberalism. Drawing on a computer-assisted inductive analysis of thirty-four Bank publications on gender since 2001, the paper documents Bank efforts to establish a positive relationship between gender equality and growth; shows the expansion of the Bank’s definition of equality as equal opportunity; illustrates how the focus on institutions has enabled engagement with core feminist concerns, such as equality in the family; and traces how incorporating notions of women’s empowerment and agency has made possible a focus on domestic violence. The paper concludes by emphasizing the ambiguous effects of the Bank’s new neoliberalism, which continues to use the market as the arbiter of social values while providing openings for feminist agendas.     

Buchanan’s constitutional political economy: exchange vs. choice in economics and in politics

This article discusses the methodological foundations of Buchanan’s constitutional political economy. We argue that Buchanan is a constitutional economist because he is an economist or a political economist. In other words, Buchanan is a constitutional economist—he insists on the necessity of focusing on constitutions and to analyze the “rules of the social game”—because he defines economics as a science of exchange. Buchanan’s definition of economics is not only specific, it is also opposed to the definition of economics that other economists retain and, above all, opposed to the definition of economics that many public choice theorists use. The latter have, in effect, adopted the Robbins 1932 definition of economics as a science of choice that Buchanan criticizes and rejects. Buchanan’s constitutional economics can be a branch of public choice only under certain conditions.

The contractarian constitutional political economy of James Buchanan

Constitutional political economy was the field in which James Buchanan devoted the most effort and to which he made the largest contribution. Although his finely grained arguments cannot be easily summarized, the main developments and central line of reasoning can be covered in a single paper, because his research relied upon a single framework, which continually reappears and is further developed as his thinking matured. The goal of this paper is to analyze how his ideas emerged and were used to develop a very rich constitutional political economy.     

What should classical liberal political economists do?

In 1964 James Buchanan famously asked “What Should Economists Do?” He argued that economists should focus their intellectual attention on exchange and the institutions within which exchange takes place. This paper reflects on Buchanan’s message and looks at the development of that argument, and its implications in the wake of post-socialist political economy on the one hand, and the post-financial crisis of 2008 on the other. Following Buchanan, the paper argues that classical liberal political economists must embrace the intellectual and practical challenges of the day, and bring a robust theory of political economy to bear on questions of justice, questions of freedom and responsibility, and questions concerning the invisible hand and the appropriate institutional framework which results in peaceful social cooperation and productive specialization in a society of free and responsible individuals.     

Reflections on EU Geopolitics: Consolidation,Neighbourhood and Civil Society in the Reordering of European Space

Civil society observations of the EU's geopolitical impacts on its immediate neighbourhood provide a nuanced ‘ground-up’ perspective that eschews historically deterministic interpretations of the EU's role in the world. While this article is limited to Eastern Europe, it nevertheless highlights some of the challenges facing the EU's visions of ‘Neighbourhood’ as multilateral and multilayered regional co-operation. After a brief theoretical introduction, the article first characterizes the EU's geopolitics as a dual project of consolidation and ideational projection; that is as two projects of re-ordering – re-territorializing – interstate relationships. It then addresses three specific and interrelated questions with regard to civil society: 1) how do the EU and its policies affect civil society co-operation agendas and practises, 2) to what extent does civil society participate in the co-development of Neighbourhood Policy and 3) how do civil society actors perceive the role of the EU in promoting cross-border and regional co-operation within the ‘Neighbourhood’? One central issue in developing these questions is that of establishing ‘common’ European values as a condition for successful co-operation. Civil society actors must simultaneously operate within different, often competing, socio-political contexts. A balance between situational ethics and more generally accepted notions of (European) values is thus essential.     

Constitutional Design for a Rent Seeking Society: The Voting Rule Choice Revisited

Buchanan and Tullock's original trade-off model of constitutional design is used to analyze how constitutional design affects post-constitutional rent seeking, and, in turn, how the anticipation of post-constitution rent seeking should lead to modification of constitutional design — specifically with respect to imposing and maintaining effective (composite) supermajority decision rules.     

Homo moralis

This paper is explores the relationship between ethics and liberal market orders both as a form of justifying those orders and as a way of being within such orders. The argument shows that there are a number of tensions and ambiguities between ethics and liberal market orders perhaps best captured as differences between visible and invisible hands. Two prominent attempts to adjudicate these tensions—that of Buchanan and McCloskey—are examined and a matrix for thinking about the relation between ethics and liberal market orders is developed. My own approach to resolving the tension in light of that matrix is outlined, which paradoxically suggests that on the one hand, liberalism is justified for having a certain suspicion of ethics while on the other hand is the political and social theory most encouraging of it.     

The division of labor is limited by the extent of the law

The present paper starts from the observation that there is still no analysis of private law as a basis for international trade, i. e. private transactions between noncompatriots (cf. Schmidt-Trenz 1990). Although authors like Buchanan, Hayek, Williamson, Böhm and Eucken have talked about the significance of a system of private law for the coordination of private transactions, they left out of their analysis the domain of protective state activity in international private business transactions vis-à-vis the multitude of legal orders and national enforcement organs. p ]It is the intention of this paper to focus upon the problems of the coordination of private foreign trade activities in the shadow of the territoriality of law. Specifically, it is asked: What are the causes for the fragmentation of private law in the world, and what are the consequences of the territoriality of law for the coordination of decisions concerning transactions between non-compatriots? The paper also deals with the question of how international coordination-efficiency can be fostered by international constitutional policy.     

Economics in Context

Academic departmentalization has limited the dimensionality and thus the richness of analysis in the social sciences. The author examines the case of a modern economics as an example. He reviews the ideas of Williamson (2000), who cites the limits of scope in the New Institutional Economics; Buchanan, who lays bare the ethical foundations of political economy in his constitutional economics; and Adam Smith, whose moral philosophy reflects a fully dimensional analysis. The author cites examples of how modern economic analysis can be enhanced by a reintegration with the other social sciences.     

Out of a slave contract: the analysis of pre-Hobbesian anarchists in the Old Testament

Buchanan’s constitutional economics takes social conflict (the ‘Hobbesian jungle’, ‘Hobbesian anarchy’) as the starting point for the analysis of social contract. Buchanan argues that in the presence of social conflict either some social contract (e.g. some system of formal laws) or some generally shared moral precepts are needed to resolve the predicament that social conflict presents. The present paper argues that a social conflict model also served the Old Testament as an analytical starting point. However, contrary to both standard theological interpretation and Buchanan’s explicit claims, I argue that the Old Testament had already made an attempt to model ‘Hobbesian anarchy’ in order to approach social conflict in an essentially modern, non-metaphysical manner. I argue that figures like Adam and Eve or Jacob, in the tradition of Hobbesian anarchists, questioned godly authority and the associated imposed, authoritarian, metaphysical social contract. In this way, one can detect a modern, contractarian constitutional economics in pre-Enlightenment literature (and in Genesis, specifically) in direct contrast to Buchanan’s claims.     

Social contracts for real moral agents: a synthesis of public reason and public choice approaches to constitutional design

Citizens in contemporary democratic societies disagree deeply about the nature of the good life, and they disagree just as profoundly about justice. In building a social contract theory for diverse citizens, then, we cannot rely as heavily on the theory of justice as John Rawls did. I contend that Rawlsian liberals should instead focus on developing an account of constitutional choice that does not depend on agreement about justice. I develop such an account by drawing on the contractarian approach to constitutional choice pioneered by public choice theorists, especially James Buchanan. With some modifications, public choice can help identify mutually justifiable constitutional rules based on the extent to which these constitutional rules produce appropriate laws under normal conditions. This new, synthetic approach to constitutional choice also helps to explain the moral significance of contractarian agreement for the public choice theorist.     

Governing the commons: future directions for the Ostrom Project

Now, when longitudinal data are available or soon will be, it is important to carefully consider research strategies for the second phase of the Ostrom Project. I recommend a problem oriented approach aimed at answering questions and solving puzzles that have emerged in the last 25–30 years and a focus on the political dimensions of the commons. Reading Lin’s paper in this issue, I found her proposal valuable but too narrow. I suggest that the longitudinal phase of the Project should deal explicitly with institutions and mechanisms for solving conflicts among local participants over how to divide the costs and benefits of using common resources. I offer, as an illustration, a number of research questions that emphasize institutions in the policy and constitutional spheres rather than in the operational one.