Innovation in Consumption Goods will Never Stagnate

Was there a Great Stagnation in technological development? Definitely maybe! Are we still in one? Definitely maybe not! Am I the correct person to adjudicate such things? Absolutely not.

When we talk about stagnation, we focus on the sort of innovation that is most pertinent to economic growth, which means technology as it relates to production. More than just important, with any small amount of reflection on the human condition and how far we have come as a species, in a certain light the technology underlying production is very nearly the only thing that matters.

Only, in a far more comfortable and modern way, it’s not. With all due respect to the protests of those who used to hike 10 miles to three jobs, uphill all 4 ways, every day through the snow, our lives are about consumption. And before you cast me into The Pit of a Thousand Shopping Malls, I mean consumption in a very broad sense. Consumption of time with family and friends; consumption of the 5 senses; of active introspection and passive entertainment; of every new Zelda game they can possibly create.

And all I’d really like to do today is cheer you with a delightful reminder that there will never be a great stagnation of consumption goods. There really won’t be! Not because human genius is unlimited (though maybe it is, if you include exponential AI learning). Rather, it is because our wants are infinite, and from those wants we can fabricate a cheery synthesis of Say’s Law and the unrelenting optimism of Endogenous Technical Change – that Demand Creates its Own Innovation.

That might be overly cute, but I’m not taking the “infinity” in play here lightly. That infinity of wants is not a product of our imagination or the broad dimensions in which we can consume. That infinity is born of our capacity for niche refinement, for variation. If you don’t believe me, go a farmers market. Go a Wegmans. Go to your local Asian grocery store. Google “heirloom tomatoes.”

Our consumptive lives will never stop improving because each new good brings with it the infinite possibilities of small changes, of bigger/narrower/weirder/quieter/redder/hotter/faster/easier/drowsier/friendlier/adjective/adjective… And with each new variation comes a roll of the dice that just might send us down forking paths of inspiration and radical departure from past convention, toward that new way of living our lives that no one had thought possible before.

There was a time when we didn’t have enough calories, so we innovated ways to make more calories. Once we had enough calories, we invented better calories. Then we invented foods. Then meals. Then experiences. Then stories. Then identities. Each stage of innovation brings with it not the disappearing of low-hanging fruit, but an expanding horizon of all the possible ways our life-sustaining caloric consumption goods might evolve, and the infinite stories they might help us tell through the lives we live. And we will never run out of stories to tell.

Three Things I Have Learned About Growing Sprouts

Last month, we visited my daughter and her family, which includes a three-year-old and a six-year-old. We were only there for a week, so I thought a neat activity which we could complete in that timeframe would be to grow some sprouts to eat. It turns out I didn’t really know what I was getting into. My idea of sprouts was the light, crunchy bundle of hair-like alfalfa sprouts that nearly all of us have garnished a salad or a sandwich with at some point in our lives.

I did a quick read-up on sprout growing. The basic mechanics are quite simple: get some sort of screened or mesh lid for a Mason jar, put a couple tablespoons of sprouting seeds in there, cover them with a couple inches of water, and let them sit overnight. Then pour that water off, and every morning and every night run some fresh water in through the mesh, swirl it around a little bit to moisten the seeds and wash off bacteria, and pour that new water off. Keep the jars inverted, but a little tilted, so air can get in through the mesh. Keep the jars out of direct or reflected light. In about three days total you are done.

What could possibly go wrong, you ask? Well, I got seduced by all the glowing claims and enthusiastic comments online by sprout devotees about various types of seeds for sprouting. Instead of sticking to just plain alfalfa, I ended up buying a suite of sprouting seed mixtures which was highly rated on Amazon. What came was about 20 little plastic bags, each with a mixture of seeds for sprouting.

Continue reading

It’s a Trap!

When I was 22 I applied to the MFA programs in creative writing at the Iowa Writers Workshop and Columbia. They summarily rejected me with a minimum of fuss. They were right to do so, but it is also without question one of the greatest pieces of good fortune to ever befall me.

Let’s talk about “trap” degrees – expensive, often multi-year endeavors that rarely lead to salaries commensurate with the investment and arguably carry negative signal value in the labor market. We could all dunk on the aspiring filmmakers and puppeteers who look as though they were sent from central casting to play exactly the sort of dude who forks over >$100K for the shortest path to becoming the next Spielberg without doing all the messy fundraising, friend-haranguing, lighting improvising, actor recruiting, writing, and film festival peddling that looks an awful lot like high-risk hard work. We could dunk on them, but…but I can’t think of a way to finish that sentence that isn’t arrogant and condescending.

Anyway, we really should put aside the “they did this to themselves” schadenfreude, at least for a second, because regardless of blame, a lot of high opportunity cost human life years are being scammed with the siren song of “look at this great investment in yourself that will feel just like consumption while you are doing it!” There’s nothing new here, mind you. “Eat yourself thin” diets cycle through the zeitgeist with regularity, conveniently next to the book/video/3-week courses that will help you get rich in real estate with no money down. But we should be concerned when an entire sub-industry appears to be selling a human capital investment with negative real value. They may not be the modal or flagship product of higher education, but neither was the Pinto.

There’s similarly no shortage of people eager to point out that a lot of undergraduate education looks like a 4 year cruise, a pretirement if you’ll excuse a shameless attempt at coining unnecessarily cute terminology. We shouldn’t be shocked that purveyors are bundling consumption within an investment where, by design, the check-writers face high monitoring costs — part of the point of college is leaving the nest, right? Think about it from the other side of the equation– higher education is a scammer’s dream. The money folks are out of sight and desperately credulous to believe their child is on the path to status and financial independence. The customer is naïve and unworldly, eager to follow any external entity (other than their parents) that will do their decision-making for them. But the best part is the con’s mark won’t know for sure they’ve been scammed until well after the check is cleared (but not before they’ll receive their first solicitation for alumni donations).

But, you might be saying, graduate and professional schools are meant to be different. This is focused preparation for a narrow field of endeavor. These programs are decidedly not pretirement cruises. This is training. Why would anyone pay for training in something that has no payoff? I’ll offer a couple possibilities:

  1. This isn’t training, it’s consumption, and the buyers are fully aware of it.

I’m sure this accounts for a fair amount of fine arts training, particularly for retirees and hobbyists attending local community colleges, as well on the children of wealthy parents who have no intention of ever pursuing a vocation. More on them in a second.

2. This is training for aspiring men and women of leisure.

Remember gentlemen and ladies of leisure? They used to have their own Census occupation code! This might seem redundant with the previous point, but if your intention is to hob-nob with the rich and more-rich, there is something very much to be said for being able to discuss certain artistic fields at more esoteric levels. There’s also a modern middle-class version of this as well, what in an earlier, more coldly misogynistic, male-dominated time would have been referred to as an “MRS” degree. I imagine there are plenty of men and women who view school as a way of biding their time until a partner emerges who will be the primary earner. Match.com profiles and fix-ups are likely to be more economically fruitful for students mid-pursuit of a graduate degree than those working unimpressive jobs.

We also shouldn’t dismiss those opting for a graceful slide down the economic ladder. Generous families, perhaps a universal basic income, a rich artistic education, and comfortably living in a bohemian southern university town are for many the formula for a quiet, comfortable life unencumbered by the toils of a career. I’ve always enjoyed the company of such folks, at least until they try to tell me how the economy really works. Never follow these people to a second location.

3. This is a scam, and one with potentially far reaching costs.

Like so many scams, you could write a pithy story about well-dressed con-artists who open a “college” in an abandoned strip mall, throw on a coat of paint, and scam the spoiled children of upper-middle class social climbers by offering fake degrees that promise a shortcut to white collar riches and bohemian prestige. It’d be a two-act romp followed by a third where everyone ends up ok and kids learn the value of hard work.

In reality, though, no small number of the victims will be kids from higher education information deserts, who emerge from their undergraduate years with a relatively weak career they were guided towards after they struggled their first semester. Facing grim job prospects, they’re hoping two more years will thin the competition in the rarefied air of the applicants with “graduate education”. It is for these students that I fear the most.

It gives me pause when I see overly narrow masters’ programs that target a specific job rather than training in a set of tools. In service to my own cowardice, I won’t name specific programs, but suggest caution when considering a degree where the only job you’ll be qualified for is in the name of the degree.

I similarly worry about third- and fourth-tier MBA programs (especially if your employer isn’t paying for it). So much of the value of an MBA is the social network it will wire you into. If your parents haven’t heard of the school, it’s probably not much of a network.

Aspiring masters degree students, my advice is this: look up the individual courses you’ll be taking and then explain to the mirror what you’ll learn in each one and the market in which those skills are in demand. If you can’t do that, I advise reconsideration.


That’s all great, but what should we do?

I have no policy solutions, but I do have a piece of pedagogical advice. We need to update the standard operating procedure of guidance counselors in schools everywhere. We’ve been working so hard to convince kids they should go to college, we forgot to teach them how to be discerning customers of higher education. I’m all about caveat emptor as life advice, but if we want to hit people with it as an ex post I-told-you-so, we have to teach it to them ex ante, especially when we’re talking about 17-year-old and (ahem, perhaps mildly infantilized) 21-year-old kids. Just because you’ll walk away with a degree doesn’t mean that degree will be worth the time and tuition.

My guess is that we should up the status of community college, technical certificates, and not going to college at all. At the same time, we should probably lower the status of arts degrees for for artistic fields that are better suited to learning by doing and autodidacts.

Or maybe we just need guidance counselors to bring college seniors on field trips to carnivals across the country. Nothing will teach you the cold truth of scams faster than losing your last 20 bucks pursuing a fluffy bit of googly-eyed asbestos shooting on a bent basketball hoop in front of someone you planned on asking to prom but could never see value in you again after missing 10 shots in a row.

Trust me, that’ll stick with them.

Condo Building Collapse in Miami: Causes and Consequences

Everyone has heard of the terrible tragedy in Surfside, a suburb of Miami, where a large portion of a twelve-story beachfront condominium building suddenly collapsed. As of July 5, 32 people were confirmed dead, with over 100 still missing and likely dead in the rubble. As an engineer (not a structural engineer) I am interested in what caused this structural failure. I’ll share what seems to be the latest intelligence on that. I will also offer a speculation on possible economic ripples of this event: what if confidence is lost in the structural integrity of other Miami beachfront condos?

Here is the before:

Source: Wikipedia

Continue reading

Steve Horwitz on “The Graduate Student Disease”

On Sunday the world lost a great teacher, economist, and all-around fantastic person in Steve Horwitz. If you don’t know about Steve, I recommend reading the tributes from Pete Boettke and Art Carden.

Pete and Art speak to Steve’s overall legacy and greatness. But I will tell you about a very specific piece of advice that Steve gave me about teaching undergrads.

Steve called it “the graduate student disease.” By this he meant the tendency of newly minted PhD economists to teach undergraduate courses as if they were mini versions of graduate courses. Steve insisted this was the wrong approach.

Continue reading

1970’s SNL on the Problem of Inflation

Any student of economics knows that inflation emerged as a big issue in the late 1970’s, first under the presidency of Jimmy Carter. The newly minted Saturday Night Live rose to the occasion. First, Dan Akroyd as Jimmy Carter proposed that that every American take 8 per cent of his or her money and burn it (Season 3, Episode 17, 4/15/1978), to reduce the money supply.

The President demonstrated leadership here by burning 8% of the $12.50 in his daughter’s little peanut bank:

A few months later (Season 4, Episode 4, 11/4/1978), the President changed his mind. Since austerity did not seem to be working, he offered a new approach – –  “Inflation is our friend”:

Continue reading

Rudyard Kipling As Macroeconomic Commentator

In a random article I read on investing the author cited (in defense of commonsense finance versus novel economic flimflam) the following passage by Rudyard Kipling:

And that after this is accomplished, and the brave new world begins

When all men are paid for existing and no man must pay for his sins,

As surely as Water will wet us, as surely as Fire will burn,

The Gods of the Copybook Headings with terror and slaughter return!

I was vaguely familiar with Kipling as an author of children’s stories like The Jungle Book and for writing poems celebrating British imperialism, but this seemed like some sort of macroeconomic commentary. “All men are paid for existing” sounds very much like Universal Basic Income, and “no man must pay for his sins” is consistent with a culture of blame-shifting. I was not aware of Kipling-as-economist, so I looked up the reference here.

This verse is the closing stanza of Kipling’s “The Gods of the Copybook Headings”. He penned this in 1919, as an expression of concern over trends in post-WWI Anglo-European society. “Copybook Headings” were maxims which appeared at the top of schoolchildrens’ copybooks in nineteenth-century Britain and America; the pupils would learn penmanship, vocabulary, spelling, and hopefully socially-useful values by copying these sayings over and over down the page. These maxims were based on traditional morals or on Bible sayings, like “A stitch in time saves nine” or “If a man will not work, let him not eat”.

I found that other investing advisers, such as John Bogle, also cited this poem in support of value-oriented financial strategies and claimed that it “beautifully captur[ed] the thinking of Schumpeter and Keynes”. Kipling felt that the old time-tested values were being replaced by trendy, flashy fads, but society would come to grief by rejecting the old common-sense virtues.  Eventually the “Gods of the [innovative] Market” would tumble, their “smooth-tongued wizards” would be silenced, and the public would realize that it is still the case that “Two and Two make Four.”

Without further ado, here is the complete poem:

The Gods of the Copybook Headings

AS I PASS through my incarnations in every age and race,

I make my proper prostrations to the Gods of the Market Place.

Peering through reverent fingers I watch them flourish and fall,

And the Gods of the Copybook Headings, I notice, outlast them all.

~

We were living in trees when they met us. They showed us each in turn

That Water would certainly wet us, as Fire would certainly burn:

But we found them lacking in Uplift, Vision and Breadth of Mind,

So we left them to teach the Gorillas while we followed the March of Mankind.

~

We moved as the Spirit listed. They never altered their pace,

Being neither cloud nor wind-borne like the Gods of the Market Place,

But they always caught up with our progress, and presently word would come

That a tribe had been wiped off its icefield, or the lights had gone out in Rome.

~

With the Hopes that our World is built on they were utterly out of touch,

They denied that the Moon was Stilton; they denied she was even Dutch;

They denied that Wishes were Horses; they denied that a Pig had Wings;

So we worshipped the Gods of the Market Who promised these beautiful things.

~

When the Cambrian measures were forming, They promised perpetual peace.

They swore, if we gave them our weapons, that the wars of the tribes would cease.

But when we disarmed They sold us and delivered us bound to our foe,

And the Gods of the Copybook Headings said: “Stick to the Devil you know.”

~

On the first Feminian Sandstones we were promised the Fuller Life

(Which started by loving our neighbour and ended by loving his wife)

Till our women had no more children and the men lost reason and faith,

And the Gods of the Copybook Headings said: “The Wages of Sin is Death.”

~

In the Carboniferous Epoch we were promised abundance for all,

By robbing selected Peter to pay for collective Paul;

But, though we had plenty of money, there was nothing our money could buy,

And the Gods of the Copybook Headings said: “If you don’t work you die.”

~

Then the Gods of the Market tumbled, and their smooth-tongued wizards withdrew

And the hearts of the meanest were humbled and began to believe it was true

That All is not Gold that Glitters, and Two and Two make Four

And the Gods of the Copybook Headings limped up to explain it once more.

~

As it will be in the future, it was at the birth of Man

There are only four things certain since Social Progress began.

That the Dog returns to his Vomit and the Sow returns to her Mire,

And the burnt Fool’s bandaged finger goes wabbling back to the Fire;

~

And that after this is accomplished, and the brave new world begins

When all men are paid for existing and no man must pay for his sins,

As surely as Water will wet us, as surely as Fire will burn,

The Gods of the Copybook Headings with terror and slaughter return!

Commentary:

This poem made little sense to me until I read some commentary by the Kipling Society. I’ll reproduce just a few excerpts here. Everything below is taken verbatim from that commentary except a couple of my side comments in square brackets:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Against the fundamental, unchanging values of life – the “Copybook Headings” which a child was expected to imbibe while learning to write – Kipling sets the transient, fashionable “Gods of the Market-Place”, which can be taken to refer to both trendy attitudes and the public figures associated with them.

Kipling argues that throughout the ages mankind has always been jostled between wisdom and foolishness. The references to past periods of time appear to reinforce the air of an historical survey, but the geological terms are fake, and Kipling’s concern is not with the past, but with post-war Britain. In the final two stanzas of the poem, the knockabout satire is replaced by a sterner prophetic tone:

As surely as Water will wet us, as surely as Fire will burn,
The Gods of the Copybook Headings with terror and slaughter return!

Notes on the text
[Verse 2]

living in trees Kipling starts his story with the first human ancestors.

Uplift, Vision and Breadth of Mind the capitals emphasize the trendy empty terms used by the Gods of the Market-Place [as evolving human society tries to transcend the elementary facts of nature such as water wets and fire burns, which even the gorillas honor].

[Verse 3]

word would come That a tribe had been wiped off its icefield When the Gods of the Copybook Headings are ignored, retribution follows, whether among savage tribes or in the heart of civilisation

[Verse 4]

Wishes were Horses ‘If wishes were horses, beggars would ride’ and a Pig had Wings ‘If a pig had wings it would fly’. Both these traditional sayings pour scorn on wishful thinking.

[Verse 5]

Cambrian a real geological period. Here, as Keating points out, it stands for the Welshman Lloyd George, who was Prime-Minister for much of the Great War. (Cambria is the Latin name for Wales). Lloyd George was the chief British negotiator for the Treaty of Versailes in 1919 which officially ended the War. This disarmed Germany but pledged all the Great Powers to disarm themselves progressively. Kipling strongly disapproved of Lloyd George, the Liberals, and the Treaty.

‘Stick to the Devil you know.’ The usual form of this saying is ‘better the Devil you know than the one you don’t.’ Here it means that being prepared for war is better than being disarmed and defenceless.

[Verse 6]

Feminian a made-up term which sounds suitably geological. It refers to the emancipation of women, a lively issue at the time [and perhaps to the new morality which increasingly separated sexual activity from committed marriage; the result being a decrease in child-bearing and an increase in infidelity].

‘The Wages of Sin is Death.’ See Paul’s Epistle to the Romans 6,23.

[Verse 7]

Carboniferous Another genuine geological period, in which coal measures were formed. Here it stands for the increasing power of trade unions, particularly the coal-miners.

robbing selected Peter to pay for collective Paul ‘Robbing Peter to pay Paul’ is a traditional phrase, usually meaning borrowing money to pay off debt. Here it means taxing the productive part of the population to support the idle. [This is a live issue in 2021…]

Information Deserts

I am a tenured professor at an R1 research department who gets to work every day with scholars at universities all over the world. In 2002, when I applied to get my PhD at a local school, I did not know how grad school, academia, or research worked. More importantly, I didn’t know that I didn’t know, so I didn’t try to find out. I tell you this only to illustrate, via personal example, the depth of ignorance that is possible among exactly the people who, in theory, should be be the most informed, or at least trying the hardest to become informed. 1

When you spend enough time with the same group of people, there is a tendency to treat shared in-group knowledge as universally common knowledge. I don’t think this tendency is unique, or even especially strong, among academics, but it is something I am acutely aware of when discussions turn to higher education. The paper linked to in the tweet below reports the results of a field experiment where subjects in the treatment group received a packet of information regarding the availability of financial support to attend the University of Michigan for qualified applicants. It was impeccably designed and well-funded, and included the composition of informational materials rivaling any educational marketing I have ever seen. Go read the paper yourself, but the punchline is that the exogenous shock of information mattered, significantly increasing applications and subsequent matriculation to the University by students from economically disadvantaged backgrounds.

The results did not surprise me in the slightest (that is not a dig at the paper, which is tremendous). What surprised me when I saw the paper presented was the shock expressed by so many fellow members in the audience, who simply could not reconcile the implication that students (and their families) were unaware that college education was accessible to them. How did they not know? How could they not know? The information was everywhere.

Ivory tower academics live in bubble, yeah yeah. Shrug. I don’t think this is an ivory tower phenomenon, to be honest. This is, instead, a story about information deserts. Food deserts, yeah they’re not real. But information deserts, in my carefully cultivated opinion very much are. Academics expressing shock that people don’t know how much financial aid is available, that Harvard of all places is entirely “need-blind” in their application process (and to be clear, every university with a multi-billion endowment should be ashamed to not be need-blind in their application process). It’s easy to forget that the majority of people don’t get an undergraduate degree. They don’t interact with the aid process, it’s not something that people discuss with their neighbors. I don’t buy a lot “economic class as causal mechanism” theorizing, but there is something to be said for the fact that, culturally, we don’t discuss money with our friends. We don’t talk about our salaries and loans, how we are paying for education or how your kid might be able to pay for theirs. It’s simply not the kind of information that fills the air, doubly so in communities where most of the parents never attended college. Compounded the with greater urgency of day-to-day living for poor families, there just aren’t a lot of channels through which students can get a first moment’s traction to start asking the question about how they can go to college, let alone arrive at answers.

When smart and good technocrats like me are looking for policies that can stand up to the rigors of cost-benefit analysis from skeptics, information campaigns manage to be some of the very worst and very best ideas out there. When they’re bad, they talk down to disadvantaged communities with condescending messages filled with information they already have (crack is bad!), common sense everyone has (guns are dangerous!), or the kind of avuncular suburban conservative wisdom that leaves no one an ounce more informed.

But, when they’re good, they’re great. Information campaigns scale, with manageable marginal costs and often zero downside risk. They provide a very specific kind of information– information you didn’t even know you were missing, often answers to questions you didn’t know you should be asking. Did you know there was a Hepatitis vaccine? Did you know that you can save for our kid’s college education tax free? Did you know you qualify for the EITC and if you file your taxes you’ll get a check for $4,600? Did you know the flagship university of the state, one of the very best in the world, guarantees sufficient financial support to allow 100% of admitted students to attend without being financially crippled for life?

Rather than focus on what you think people know and don’t know, just start from the basics. What is the information that you relied on when making the biggest decisions in your life? Do other people have that information?

Are you sure?


1 I’ll abstain from telling the long version here, but I had absolutely no clue how graduate school and academia worked when I applied to a PhD program. I was a public high school teacher, I thought I’d work hard, write a dissertation, and make 50k a year teaching in a local community college. It’s funny in hindsight because what was then an ocean of unknowns is now the entirety of our academic working lives. Being told that families don’t know how college works is can feel like being told people don’t know the water we live in is wet.

The Internet Knows Everything

About ten years ago, movers showed up to pack up and move our worldly goods across town. Because this was a short move, we went with some local, low-priced labor, instead of name-brand professionals. From a previous move, we knew that the legs of our baby grand piano could and should be removed for transport. Unfortunately, none of the movers knew how to detach the legs, and neither did I. I squirmed underneath and looked up, and did not see how to do it. I only saw some massive screws that looked like they were not about to move.

The internet to the rescue – – a quick search led to a YouTube video showing somebody moving a piano like ours, and just reaching under and knocking something with a rubber mallet, and voila, off came the legs. I could not see exactly what they did, but when I crawled under the piano again to look for something easily knocked aside, which had to be there, it was obvious what to do.

Continue reading

Rules, Discretion, and Privilege

I’m often wary of personal stories that illustrate an idea too perfectly, but here we go.

I was in a small local grocer purchasing tonic water, which elicited a comment from a White middle-aged man about the importance of never running out of tonic when there is gin to drink, followed quickly by an unsolicited story of his drinking and driving, only to get pulled over by a police officer and be told to “Go straight home, I don’t want to see this car on the road the rest of the night.” This prompted innocent confusion on the part of the young Black cashier, who asked

“Wait, were you drunk?”

“Oh yeah, I was completely hammered”

That’s it, that’s the whole story. The young woman was flabbergasted that an officer would pull over a clearly drunk driver and let them off the hook. I doubt she was unaware of the concept of White Privilege, but rather I suspect she was shocked to find it extended to something as socially stigmatized as drunk driving. She rang up my bill, her face frozen in a “Really?” that for all I know she is still wearing to this day.

The optimal balance of unbending rule adherence/enforcement versus pure discretion in judgement/enforcement will always be an open debate at the level of macro institutions and the day-to-day micro decisions of the agents presiding over our lives. Rather than further adjudicate how much discretion is optimal, I ask that you only grant me that the median voter in nearly every context demands that discretion remains > 0.

In the context of law enforcement, what I would like to contend is that we have chosen the wrong kind of discretion. Or, perhaps more precisely, the emphasized discretion in the wrong direction. With rare exception, our rules dictate overly-harsh punishments, and it is in the agents of enforcements that we have both imbued, and burdened, the power of discretionary lenience. The officer can let you off with a warning or record a speed below a key punishment threshold, the judge can sentence you to probation instead of jail time or suspend your sentence entirely. We are, many of us, comfortable with this construct because at some level we have faith in the humanity, the sympathy, of the enforcer.

This construct has consequences. Most obviously, it means the system will be harsher on groups of people with whom the enforcing agents have less sympathy, in whom they see less in of themselves (or their children). Showing how ticket speeds “bunch” on different sides of a punishment threshold for white and black drivers, Goncalves and Mello neatly show officer discrimination, not in the form of targeting black drivers with additional cruelty, but rather in excluding them from the relief afforded White drivers from a harsh system of rules.

This is an important distinction. In a system with gentle rules, the burden is placed upon the discretionary agent to ensure punishment is sufficient to the transgression. They have to bear the burden of what happens to the punished; they have to be the villain in that person’s story. When the rules are cruel and the system allows for sympathetic lenience, they get to be that person’s hero. Even for those humans with whom officers have less sympathy, it will still be easier for guilt averse officers to fail to be someone’s hero than opt to be their villain. Perhaps most importantly, it displaces accountability for punishment outcomes from the discretionary agent to the system as a whole. Few will ever be fired or shunned for failing to intervene on behalf of a transgressor, but those who opt to dispense additional punishment may be asked to defend their choice. If you want accountability, strictness has to be someone’s choice.

How did we end up with a variety of brutal punishments that we count on discretionary agents to protect us from? I can imagine a variety of origin stories. When Nixon sold White Southern voters on “Law and Order” it was by design a promise to lock away the Black men that White southerners were terrified of. White southerners had every reason to believe they, and more importantly their sons, would be protected from draconian drug laws by, what were then, almost exclusively White officers and judges. I also don’t think we should underestimate how the median American views the prospect of being arrested as something that happens to other people. Strict punishments are exactly what criminals deserve. In the unlikely event you interact with the system, the professionals in the system will quickly see their error or, at worse, will see you as someone who doesn’t deserve to be punished harshly. Discretion will save you.

Lastly, harsh punishments and discretionary lenience allows observers from the privileged group off the psychological hook with a simple bit of reasoning: “They broke the rules, that’s the punishment according to the rules. They made their choice.” But is that the line of reasoning you follow when you interact with an officer?

When you see red and blue flashing lights in your rearview, what runs through your mind? Do you plan your story– the job interview you’re rushing to, the bathroom emergency you’re in the midst of? Do you prime your system for the Stanislavskian production of tears? Or do you get out your license and registration, put them in your left hand, roll down your window, and place both hands squarely at the top of the steering wheel hoping desperately not to spook the officer you expect will unbutton their sidearm as soon as they see the color of your skin?


A post script

When racial discrimination and White privilege are levied as explanations of social phenomena, even though the two are, for all intents and purposes, outcome equivalent, I often can’t help but think that the wrong rhetorical option is chosen. If and when employers discriminate against Black job applicants, this privileges White applicants, but those White applicants don’t actually observe the discrimination first hand. To frame this as an example of White privilege is to tell them they don’t deserve the job they’ve worked hard to acquire– their resistance to the explanation maybe shouldn’t be so surprising. Discrimination, not privilege, is the easier rhetorical sell because you are telling them a story about something negative that happened to someone else that they had no direct part in– they don’t have to be the villain in the story, they simply have to accept the evidence put before them and sympathize with those being harmed.

Conversely, stories of positive discrimination, such as the criminal justice system extending greater lenience to White citizens, are precisely examples of privilege. No one should feel unjustly villainized simply because they are receiving additional benefits when they did in fact break the rules. Furthermore, the policy goal to be pursued here is not to eliminate the privilege of lenience enjoyed by one group, but to extend that lenience to everybody else.

When framed as such – that negative discrimination is something to be eliminated, while positive privilege is something to be expanded, it becomes easier to persuade people because you’re never asking them to give something up or confess to a transgression they don’t recall committing. You’re letting everyone remain a hero in the story they tell themselves everyday.

Unless, of course, they’re just racist and want to use the government and market institutions we live within to cause as much harm as possible to others. There’s no rhetorical fix for that; they’re going to fight the rest of us every step of the way no matter how much evidence is found or how it is presented. But then again, they don’t really matter in this story, do they? They’re just inframarginal obstacles in our quest to persuade the median voter to accept the evidence of positive and negative discrimination, and work together to make the world just a little better, one policy at a time.