David Henderson writes,
A problem that any stock exchange must deal with is enforcement of contracts. Imagine, for example, that someone sells a stock short, but contrary to his expectations the stock price rises, and he must satisfy his contract by buying the shares come settlement time. What if the short seller balks and doesn’t stick to his agreement? This did not happen often, writes Stringham, because traders had to worry about their reputations.
But couldn’t those who were cheated by short sellers have gone to the government to make the short sellers keep their word? They could not, and the reason is simple. Stringham points out that short selling was illegal and, therefore, going to the government was futile. If anything, those who had wanted to renege on their short-selling contracts could have gone to the government to get it to support their reneging. But Stringham quotes an analyst of the time pointing out that this didn’t happen much. People were expected to keep their commitments and largely did.
This is strong evidence against the claim that complex market transactions between strangers need some form of external government enforcement.
Some remarks.
I am not claiming that private governance in the absence of government support is impossible. I am claiming that it is costly. In this example, my claim would be that short selling is more costly when it is illegal than when it is legal, because short-sale contracts are perceived to be more difficult to enforce when they are illegal. That claim may be incorrect, of course. But I would bet that if you compare markets where short-selling is legal with markets where short-selling is illegal, the transaction costs will be lower in the former.
Also, consider alcohol and drug prohibition. Both of these almost surely raised the costs of transactions, and in both cases violence plays a role in market governance.
Having said that, I would point out that examples of markets that the government treats as illegal are not good examples to prove my point. When government makes something illegal, it artificially raises transaction costs in those markets, because people fear prosecution. So even if costs turn out to be higher in illegal markets, I cannot argue that this is due to absence of government. It may be due to the hostile presence of government.
As far as I can tell, we are left with purely hypothetical thought experiments. Take an example of a complex economic activity that involves a lot of specialization and trade. The famous pencil, or a toaster, or an I-phone. The parties involves in the process of assembling such goods involves do not know one another. They cannot gauge reputations, nor can they even know whether other parties care about their reputations. Now, remove all government enforcement of contracts, and imagine what happens.
What I imagine is that the parties have to come up with multi-layered contractual arrangements and enforcement mechanisms that are incentive compatible and fully state-contingent, so that everyone can be sure that disputes won’t erupt into violence. I am not arguing that this cannot be done. What I am claiming is that these transaction costs will be lower when in the back of everyone’s mind there is the understanding that there are government courts that have coercive powers to enforce decisions.
Government does not provide optimally or costlessly the legal infrastructure that facilitates complex trade among strangers. However, my intuition is that in the absence of government such infrastructure would cost much more to put in place.