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Source link: http://blog.mises.org/6113/white-vs-de-soto/

White vs. de Soto

January 8, 2007 by

Larry White reviews and takes issue with de Soto’s book.

{ 31 comments }

TGGP January 8, 2007 at 12:48 pm

If I think it is a good idea to lend a bank some money under the expectation that the bank could fail but that otherwise I will receive interest, why should any libertarian take issue with that?

kurtbattais January 8, 2007 at 2:25 pm

How can a 100% reserve bank ever accept notes from a fractional reserve bank, and still be a 100% reserve bank? Once they exchange notes, the earlier receipts from the 100% reserve bank will not be backed for a full 100% anymore. So even if White is correct in saying that customers can agree to fractional reserves, they will only be able to use these notes in their own economy, away from those economies that use 100% reserve notes. So I doubt any advanced economy can intertwine 100% reserve notes with fractional reserve ones.

RogerM January 8, 2007 at 2:41 pm

I read White’s critique of de Soto, as well as his three installments on free banking. It seems to me that his critique is very technical, focusing on whether checking accounts are callable loans or not. He doesn’t address whether or not checking accounts should be callable loans. It seems to me that de Soto is arguing that checking accounts should not be considered callable loans, not that they can’t exist.

Checking accounts do act as callable loans under a fractional reserve banking system and that’s the problem. The “callable” aspect of the loans allows them to act as available cash to the lender. Then, when the bank loans the deposit to another customer, two people have a claim to the same money, which means that the banker has created money (essentially counterfeited it) and loaned it to a customer.

White seems to think that free banking, with gold as money, would solve all monetary problems. Those banks that held too few reserves would go bankrupt. He seems to be confident that the threat of runs would keep banks from maintaining insufficient reserves. But history shows that from the beginning of fractional reserve banking, it takes just a few bad bankers to ruin a lot of good banks, and they did so frequently. It was the few bad bankers who caused panics and sharp reductions in the money supply that caused people to agree to the Federal Reserve.

The problem with free banking is that panics are very contagious. If only the bad bankers and their customers suffered, I would have no problem with it. But good bankers, and their customers, suffer just as much from the resulting panic. As the panic spreads, good banks have to call in loans to cover withdrawals, and so cause good businesses to fail. That has been the history of free banking as I know it.

It seems the only solution is to require time commitments on loans, as de Soto argues and to force banks to not treat checking accounts as callable loans, but as a warehousing contract.

Doug M January 8, 2007 at 2:43 pm

I have only read the first 700 pages of de Soto’s book but I think that Prof. White misses de Soto’s most persuasive legal argument against fractional reserve banking. De Soto makes the point that modern checking and savings accounts (my interpretation of what he means by “irregular- deposit contracts”) are warehouse contracts from the depositor’s point of view and loan contracts from the borrower’s point of view. The depositor expects to have funds from these accounts at any moment (and contrary to White, with ATMs, this is literal with respect to bank accounts). Meanwhile, the bank expects to use these funds for its own investments. Although most people are aware that banks lend the funds that they deposit, just about all of them would get very angry if they bounced a check or could not withdraw all of the funds that they have on deposit at any time because the bank had excessive loans outstanding.

The home mortgages and student loans that White refers to may have prepayment options but they also have fixed terms.

Finally, White makes no effort to address de Soto’s economic arguments against fractional reserve banking, which comprise 70% of the content of the book.

flix January 8, 2007 at 2:50 pm

I agree with White, 100% reserve banks and fractional reserve banks could coexist in a free banking system. Obviuosly 100% banks could not admit FR Bank notes, and obviously in the financial markets FR notes would trade at a discount. So what? Think bond ratings.

I like De Soto and often agree with him. Why he would abandon libertarian principles to advocate the prohibition of freely entered into FR banking contracts is a mystery to me.

flix January 8, 2007 at 3:01 pm

By the way panics and run on banks (plural) first appear historically when money is centralised after the civil war.
Runs on particular banks without a loss of confidence in the banking system in general were not uncommon before the greenback.

People knew that the trustworthiness of a wilcat bank in colorado did not reflect on a big and conservative NY bank.

flix January 8, 2007 at 3:05 pm

Sorry to go on, but just think of it like this:

Does the untrustworthiness of the USDollar make it less safe to use e-gold? Or is it an argument for doing precisely that?

RogerM January 8, 2007 at 4:26 pm

flix: “By the way panics and run on banks (plural) first appear historically when money is centralised after the civil war.”

I think you’ll find that panics and runs existed much earlier, as the book “Manias, Panics, and Crashes: A History of Financial Crises” (Wiley Investment Classics) by Charles P. Kindleberger shows.

Peter January 8, 2007 at 5:17 pm

and obviously in the financial markets FR notes would trade at a discount. So what? Think bond ratings.

So they’re not money substitutes! Just like bonds are not money substitutes.

Paul Edwards January 8, 2007 at 7:31 pm

“So even if White is correct in saying that customers can agree to fractional reserves, they will only be able to use these notes in their own economy, away from those economies that use 100% reserve notes.”

Yes. And the corollary to this is that if we find that FR notes do weave their way into the general economy or especially if they are treated as or replace money, we can know that this necessarily occurred through fraudulent means. And this is precisely because FR notes are “not money substitutes! Just like bonds are not money substitutes.”

Pete Canning January 8, 2007 at 7:32 pm

100% reserve banks could absolutely accept fractional notes. The bank would clear the notes (send them back to the issuing bank) and claim the gold they are entitled.

The clearing system is a central part of any free banking system, no matter the reserve requirement.

N. Joseph Potts January 8, 2007 at 8:40 pm

Before the Bank Holiday of 1933, there were a substantial number of solid banks that continued to honor all their customers’ withdrawal requests without noticeable difficulty right up to the moment FDR shut them ALL down together, rendering them indistinguishable from that point forward.

He did so (and governments have always done so) at the behest of politically connected bankers who were insolvent.

George Gaskell January 8, 2007 at 10:57 pm

I haven’t read DeSoto’s book (yet), but Dr. White’s discussion of it, for some reason, focuses entirely on what he calls the “need to consider whether people who have opened checking accounts might have wanted and agreed to something other than a warehousing contract, such as a callable loan contract.”

I find it strange that he only discusses the bargain between the bank and its customer, and not the set of promises and warranties that are inherent in passing the negotiable instrument — the paper bank note — through many hands throughout the economy.

In other words, the concern over the fraud of fractional reserve banking is not limited to the agreement between the bank and its customer, but between the customer and the person the customer pays with that bank’s “money.” And the person he pays with it. And so on.

Unless the bank is willing to disclose, to anyone who is even considering accepting that bank’s note, the extent and nature of the reserve assets that back all of the notes in circulation, how would anyone in the economy know the real value of those bills?

Maybe some form of enforceable, written disclosure on the face of every note, declaring the minimum fraction in reserve, would help mitigate the fraud to downstream holders of the notes.

Fully-backed notes, I am sure, would trade at greater value than those that are more fractional, so to speak.

Nick Bradley January 9, 2007 at 4:11 am

I don’t see why customers couldn’t enter into a contract with a fractional reserve bank. What if the FRB agrees to keep reserves above 90 – 95%, and in exchange does not charge warehousing fees?

Sam January 9, 2007 at 4:55 am

Even if banks used 100% reserve, doesn’t that still rely on the Government having a monopoly to issue the dollar bills? Since the issue of inflation is based around the Government having the ability to print money, wouldn’t using coins made of a known content of gold and/or silver (even platinum?) be better? The Government may issue the basic standard of denomination and what the content of precious metal for each denomination would be, but it’d be up to private minting business to actually mould the coins with the intended purity? Hoping that competition amongst minters should insure against low quality coinage?

Naturally coins last longer than paper money (the fact that gold coins minted in the B.C. era are still around is obvious proof). And I’d sure we’d all feel better about the prospect of inflation insurance because the coins we were exchanging had their face value determined by their precious metal content and not by fiat?

George Gaskell January 9, 2007 at 8:41 am

Nick, it’s not all about the bank and the customer. They can make whatever agreement they want.

But you can’t legally sell junk bonds while claiming that they are AAA-rated. So, you shouldn’t be able to pass 8%-backed banknotes as though they are deposit-backed money substitutes.

In every other area of commercial life, disclosure of important facts concerning the risk of default is required to avoid fraud. Banks, for some reason, are allowed to pretend that their negotiable instruments are backs by “deposits,” when in fact they are backed only by a shell game of loans from customers and to borrowers.

George Gaskell January 9, 2007 at 8:53 am

Even if banks used 100% reserve, doesn’t that still rely on the Government having a monopoly to issue the dollar bills? Since the issue of inflation is based around the Government having the ability to print money, wouldn’t using coins made of a known content of gold and/or silver (even platinum?) be better?

Yes, metal (commodity) money is “better” at reducing inflation than paper money.

Or, put another way, central banking’s paper, fiat money was invented by government in order to make inflation easier.

Otherwise, governments have to go to the trouble of debasing (diluting) the precious metal content of coins, which is much more cumbersome. The Romans still managed to do it, though, right up to the part where it wrecked their economy and plunged the West into 1000 years of hardship.

There are several separate but inter-related issues here:
1. Fractional reserve banking (i.e., fraud);
2. Government declaration of currency value (i.e., value dictated by fiat);
3. Central (i.e., government-run) banking;
4. Government-mandated exclusion of metals in favor of paper notes and/or bookkeeping entries.

Even in an otherwise private banking and monetary system, fractional reserves are still a problem. Government’s use of central banks and paper is another layer of fraud and theft on top of that.

flix January 9, 2007 at 10:10 am

“But you can’t legally sell junk bonds while claiming that they are AAA-rated. So, you shouldn’t be able to pass 8%-backed banknotes as though they are deposit-backed money substitutes.”

You seem to imply that if FR notes had a “8% backed by gold” printed on them, they’d be alright? or maybe “50% deposits” label…

George Gaskell January 9, 2007 at 12:37 pm

You seem to imply that if FR notes had a “8% backed by gold” printed on them, they’d be alright?

My problem with Federal Reserve notes goes beyond fractional reserve banking. In fact, since Nixon, the fraction that’s in reserve is effectively zero. So, even if they said “8%” on them, even that would be a lie.

But if we abolished the Federal Reserve and returned to non-socialist, private banking, then the reserve fraction disclaimer would be relevant and, I think, useful.

I’m not sure that it would solve the problem completely. I’m just saying it would help. The crux of the problem with fraud, in any context, is the adequacy of disclosure.

When you are dealing with bonds, for example, the people who trade in them have access to ratings information. The entities that issue the bonds make the disclosures to the ratings agencies, who then compiles the data.

With paper money, however, it’s impractical to have to rely on a third-party rating system. Some people won’t have access to the information. It’s time-consuming, whereas the whole idea of paper notes is convenience. That’s why I think that putting the most critical back-up data on the face of the bank note itself seems like a good idea.

Come to think of it, I wouldn’t mind seeing such data on our current Federal Reserve Notes. It would have to go something like this: “This note is backed by nothing but the US government’s ability to forcibly extract a portion of the value of your productivity. And we can print as many of them as we want, so it might be worthless before too long. Who knows?”

RogerM January 9, 2007 at 12:59 pm

Check out this article on digital gold as the future of international currencies: http://www.cfr.org/publication/12346/

Maybe there’s hope after all!

David White January 9, 2007 at 1:16 pm

RogerM:

If you like that article, you’ll love this one, which I have posted several times previously:

http://www.cipe.org/publications/ert/e32/e32_2.pdf

And digital gold is already making headway:

http://indomitus.net/2004status.html

RogerM January 9, 2007 at 2:42 pm

David,
Those are great! Thanks!
It’s interesting that more and more economists are calling for an international currency to stabilize fx fluctuations, while we have had just such an international currency for centuries–gold! The market to the rescue!

Björn Lundahl January 9, 2007 at 5:01 pm

RogerM

Your above post regarding fractional reserve banking is a good one.

RogerM “It seems the only solution is to require time commitments on loans, as de Soto argues and to force banks to not treat checking accounts as callable loans, but as a warehousing contract.”

True, very true!

Björn Lundahl
Göteborg, Sweden

David White January 9, 2007 at 5:24 pm

RogerM:

With the exception of the Austrians, economists are statist boobs who wouldn’t know a free market from an Idaho potato. So it’s no surprise that they would call for a currency with a global monopoly on credit expansion.

Which is to say that the LAST thing they would want is a return to sound money, as this would result in the drastic reduction in the state power that Sir Alan so eloquently described back when he was a lowly but principled commoner:

http://www.usagold.com/gildedopinion/Greenspan.html

Sadly, then, the market isn’t going to come to the rescue so much as it’s going to try to pick up the pieces after The Mother of All Bubbles bursts:

http://www.financialsense.com/fsu/editorials/martenson/2007/0108.html

So git you some shiny while the gittin’s good.

Peter January 9, 2007 at 6:30 pm

You seem to imply that if FR notes had a “8% backed by gold” printed on them, they’d be alright? or maybe “50% deposits” label…

If they have WiFi access and can automatically update the number shown, maybe. Otherwise, if they just say “8% backed by gold” and the issuing bank has a million dollars in notes in circulation, and a few people turn up and take out $125,000 in real money, the bank now has $725,000 in circulating notes with no available backing at all. (If the note could update itself as each note-holder takes out real money, people could spend all day watching the number tick down and racing to the bank to get their gold before it hit zero – imagine the traffic jams!)

Björn Lundahl January 10, 2007 at 12:11 am

100 percent gold reserve money standard

I quote from America’s Great Depression, by Murray Rothbard:

Preventing Depressions

“Private banks, it is true, can themselves inflate the money supply by issuing more claims to standard money (whether gold or government paper) than they could possibly redeem. A bank deposit is equivalent to a warehouse receipt for cash, a receipt which the bank pledges to redeem at any time the customer wishes to take his money out of the bank’s vaults. The whole system of “fractional-reserve banking” involves the issuance of receipts which cannot possibly be redeemed”.

And:

“But a 100 percent gold reserve requirement would not be just another administrative control by government; it would be part and parcel of the general libertarian legal prohibition against fraud. Everyone except absolute pacifists concedes that violence against person and property should be outlawed, and that agencies, operating under this general law, should defend person and property against attack. Libertarians, advocates of laissez-faire, believe that “governments” should confine themselves to being defense agencies only. Fraud is equivalent to theft, for fraud is committed when one part of an exchange contract is deliberately not fulfilled after the other’s property has been taken. Banks that issue receipts to non-existent gold are really committing fraud, because it is then impossible for all property owners (of claims to gold) to claim their rightful property. Therefore, prohibition of such practices would not be an act of government intervention in the free market; it would be part of the general legal defense of property against attack which a free market requires.[28], [29] .”

http://mises.org/rothbard/agd/chapter1.asp#preventing_depressions

Björn Lundahl
Göteborg, Sweden

Björn Lundahl January 10, 2007 at 6:18 am

Money must develop out of a commodity with a previously existing purchasing power, such as gold and silver had.

Man, Economy, and State, by Murray Rothbard:

“One of the important achievements of the regression theory is its establishment of the fact that money must arise in the manner described in chapter 3, i.e., it must develop out of a commodity already in demand for direct use, the commodity then being used as a more and more general medium of exchange. Demand for a good as a medium of exchange must be predicated on a previously existing array of prices in terms of other goods. A medium of exchange can therefore originate only according to our previous description and the foregoing diagram; it can arise only out of a commodity previously used directly in a barter situation, and therefore having had an array of prices in terms of other goods. Money must develop out of a commodity with a previously existing purchasing power, such as gold and silver had. It cannot be created out of thin air by any sudden “social compact” or edict of government.”

http://mises.org/rothbard/mes/chap4b.asp#5B._Money_Regression

As demand deposits functions as monies, they should also be what monies logically therefore are supposed to be, and those are only compositions of certain amounts of weights in gold, silver or other monies developed out of commodities through the market process.

Björn Lundahl
Göteborg, Sweden

Sam January 10, 2007 at 6:33 am

Huh? Björn Lundahl? Gold and silver only started off as currency when enough people agreed that these two metals fulfilled enough criteria for a medium of exchange. It doesn’t stand to reason that gold or silver have any magical properties that define them to be currency rather their two main properties are their relative rarities and the ability not to have easy-to-fool fakes. The fact that people have also used salt and cowrie shells as currencies mean actually enough people agreeing on a particular object or substance IS enough to create a currency.

David White January 10, 2007 at 7:20 am

All money is faith-based; it’s just a question of much faith there in it and for how long.

Irredeemable currencies have never stood the test of time or even come close, while gold has stood it for millennia. So once this latest and greatest fiat fraud comes crashing down, these wise words from a traitor to them will ring true yet again:

“Gold still represents the ultimate form of payment in the world. Fiat money, in extremis, is accepted by nobody. Gold is always accepted.” — Alan Greenspan, testifying before Congress in 1999

RogerM January 10, 2007 at 8:32 am

I agree that White seems to be missing de Soto’s main points while quibbling over small technicalities like callable loans. If I take out two loans from separate banks on my home, each for the full value of the property, and get caught, I’ll go to jail. But bankers commit a similar offense when they loan out more money than they have as deposits; they’re creating multiple claims on the same deposits. If the required reserves are 20%, a bank can lend the same dollar deposit to five people; each of those five having a claim on the same dollar, just as two banks would have a claim on my property. But fractional reserve banking is considered good business, when it should be considered fraud.

Björn Lundahl January 10, 2007 at 8:56 am

As Rothbard wrote “it (money) cannot be created out of thin air by any sudden “social compact” or edict of government.”

The regression theory is a logical conclusion on how money must originally emerge and therefore, also, has emerged.

It has nothing to do with that “people agreed that this or that is money”, money emerged through a market process at a certain point in time when it was easier to sell a good for money than to trade a good without the use of money (barter).

Markets have universally found gold or silver to be the best standards whenever they are available.

That can, in a pure free economy, change. That is also why I wrote “or other monies developed out of commodities through the market process.”

Björn Lundahl

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