Nola_Lifer wrote:Why are you blaming the government for these regulations? Do you know why they had to regulate pillows and mattress? Because the manufactures(also know as businesses) were stuffing them with whichever kind of material they decided to put in there. Dead rat? Why not? STUFF IT! So then the government stepped in a said hey you can't do that, so those little tags you see is to make sure businesses are honest. Don't blame government when businesses are doing the wrong things.
(and to answer Andy's question)
Why must the government monopolize regulation?The government, primarily through its politicians and chief bureaucrats, has the incentive to monopolize regulation, so that all credit can go toward itself, thus allowing the government to capture more votes which will be used to justify any increase in its revenues through taxation and deficit spending. The government can continue its means of extracting wealth from the people in a "justifiable" manner while shifting all blame to the market for any failures caused by the unintended consequences of its own public policy. It's a great system for them, but not for consumers and honest businesses, and we see this game being played all the time (e.g. the 2008 depression, bailouts, etc.).
Now these regulatory services are necessary, but it doesn't follow that the government must monopolize regulation because there are alternatives.
What are the alternatives?A legal system should protect the rights of its own citizens, and when some businesses violate such rights (through fraud and by creating harmful products), then they should be punished. However, over time, we have seen limited liability become shortened for the businesses.
Over time, certain economic interest groups have appealed to the government to promote limited liability for superficial reasons (e.g. stimulate more growth, create jobs, more wealth, etc.). These superficial reasons get politicians elected, so they definitely agree to this advice. However, the underlying reason of promoting shorter limited liability was to ensure that business stakeholders would now legally suffer less consequences for their illegal actions. This is the essence of crony capitalism/political capitalism.
Their efforts have resulted in an (un)intended consequence which has undermined the effectiveness of legal institutions in protecting the consumers because a more extensive liability would hit the pockets of the stakeholders significantly harder for the "mistakes" caused by the business. Limited liability laws have benefited the politicians and economic interest groups who secured this state-granted privilege while the consumers pay the costs.
Why not have competitive regulatory agencies, or rather certification agencies, fulfill this role? Although trademarks signal to consumers the relative quality of the products of producers, regulatory agencies could also behave in the same manner. With the state-granted monopolies abolished, the current bureaucratic regulatory agencies would have to compete with other regulatory agencies on the market. And, if any of those regulatory agencies fail in their job, guess what? They'll be taken to court, and will tend to have their profit margin reduced for operating poorly.
With monopolized regulation, the regulatory bodies don't have profit and loss incentives; they face bureaucratic incentives. When FEMA failed New Orleans, did FEMA go bankrupt? What about the Army Corps of Engineers who built the levees? Did they go bankrupt? No! But this is absurd because the threat of bankruptcy and profit and loss incentives maintain a tendency for businesses (such as competitive reg. agencies) to adhere to the preferences of their consumers while being held accountable for their own actions.
Are you interested in learning more?Public Choice:
See James Buchanan, Gordon Tullock (who are the founders)
A wiki search will lead to more recent articles. Search journal databases for articles of interest.
Political Capitalism/Crony Capitalism:
See also George Selgin's "regulatory capture"
Gabriel Kolko's Triumph of Conservatism
Regarding law and democracy:
James Buchanan
Vincent Ostrom
Peter Schumpeter
Bruce Benson - The Enterprise of Law
All of the above blend on the topics I discussed in my post. If you had to read one book, I'd recommend Triumph of Conservatism. It's written by a neo-Marxist too!
If not that, then Bruce Benson's is excellent.