Showing posts with label politics. Show all posts
Showing posts with label politics. Show all posts

Monday, November 20, 2023

Do clinical delusions have anything in common with a mythology mindset?

 


In my discussion of Steven Pinker’s book, Rationality, I referred to his observation that people tend to have a reality mindset in the world of immediate experience and a mythology mindset when discussing issues in the public sphere. Although that is an accurate observation about a general tendency, delusions are also fairly common in the world of immediate experience.

The delusions that most of us experience are fairly harmless. For example, it may not do you much harm to believe that you are happier than average, even if you aren’t. That common delusion may help to explain why so many people walk around with smiles on their faces.

For some unfortunate people, however, the world of immediate experience includes delusional beliefs that are symptomatic of mental ill-health. These are referred to as clinical delusions.


The question I ask above has been prompted by my reading of Lisa Bortolotti’s recent book, Why Delusions Matter. Lisa Bortolotti is a philosopher who specializes in the philosophy of the cognitive sciences, including issues relating to mental illness. She observes that there is a strong overlap between clinical and non-clinical delusional beliefs. The non-clinical delusional beliefs that she discusses include beliefs that Pinker would associate with a mythology mindset.

A conversation context

Bortolotti notes that in any discussion between two people, you have a speaker and an interpreter swapping roles as the conversation proceeds. The speaker says something and the interpreter listens, making inferences about the speaker’s beliefs, desires, feelings, hopes and intentions on the basis of the speaker’s words, facial expression, tone of voice, previous behaviour and so on.

Interpretation becomes challenging when the interpreter suspects that the speaker may be delusional. The interpreter rarely has the information needed to assess that the speaker’s beliefs are false, so falsity cannot be a necessary condition for attribution of delusionality.

Three elements are often involved when the interpreter judges the speaker to be delusional:

  • Implausibility: The interpreter finds the speaker’s beliefs to be implausible.
  • Unshakeability: Speakers do not give up their beliefs in the face of counterarguments and counterevidence.
  • Identity: The beliefs seem important to the image that speakers have of themselves.

Clinical delusions

Bortolotti offers what she describes as an “agency-in-context” model to explain clinical delusions. She explains:

“The adoption and maintenance of delusional beliefs are due to many factors combining aspects of who you are and what your story is (your genes, reasoning biases, personality, lack of scientific literacy, etc.) and aspects of how epistemic practices operate in the society where you live.”

The epistemic practices she refers to include what we learn at school about knowledge acquisition, and the stigma that makes it difficult for people with delusional beliefs to participate fully in public life.

There is no doubt that persecutory delusions are harmful to the speaker and others. They undermine the ability of speakers to respond appropriately to events, and often erode their relationships with others.

However, Lisa Bortolotti suggests that it is important for interpreters to understand that most delusions offer some benefits for speakers. Delusions “let speakers see the world as they want the world to be; make speakers feel important and interesting; or give meaning to speakers’ lives, configuring exciting missions for them to accomplish”.

Interpreters also need to understand that the underlying problems of speakers don’t disappear when they obtain insight about their delusions. They may become depressed when they approach reality without the filter of their delusional beliefs.

There is not much to be gained by attempting to reason with people whose beliefs are unshakeable. Bortolotti suggests that it is probably more productive for the interpreter and speaker to share stories rather than exchanging reasons for beliefs. Exchanging stories can show how delusional beliefs emerged as reactions to situations that were difficult to manage. While sharing stories, interpreters have opportunities “to practice curiosity and empathy in finding out more” about underlying problems.

Conspiracy delusions

From an interpreter’s viewpoint, a speaker’s beliefs about the existence of conspiracies often have similar characteristics to clinical delusions. They are implausible, unshakeable, and closely tied to the speaker’s self-image.

Bortolotti emphasizes that those who hold conspiracy delusions often claim to have special knowledge of events – they claim to be experts, or to know who the real experts are. Identifying as a member of a group is often also important. Non-members often refer to members of such groups in a derogatory way e.g. QAnon supporters and anti-vaxxers. However, people are often attracted to conspiracy delusions promoted by like-minded people whom they trust. The act of sharing a delusional story can be a signal of commitment to a particular group.

Comments

Lisa Bortolotti’s book has improved my understanding of delusions in a couple of different ways. First, it has given me a better appreciation that delusions offer some benefits to the people who hold them, and those benefits help to explain the unshakeability of delusional beliefs.

Second, viewing delusions within the context of a conversation between a speaker and an interpreter is helpful in drawing attention to the value judgements involved in assessing whether the speaker’s beliefs are delusional.

My main criticism of the book is that the author seems to me to be biased in favour of “the official version” of events, even though she acknowledges that contrary beliefs are sometimes vindicated. The most obvious example bias is her apparent reluctance to give credence to the possibility that Covid19 may have originated in a lab in Wuhan.

I am pleased that my reading of the book did not leave me with the impression that the author believes that it is delusional to have an unshakeable belief in the importance of the search for truth. In emphasizing that value judgements are involved in assessing whether beliefs are delusional, Lisa Bortolotti seems to me to be providing readers with a better understanding of the meaning attached to the concept of delusion in clinical and non-clinical settings, rather than casting doubt on the existence of reality.


Monday, February 27, 2023

How authoritarian are American political leaders?

 


A few days ago, I took the Political Compass test for a second time. The test, devised by politicalcompass.org , requires individuals to respond to questions which indicate where their views place them on scales labelled Authoritarian - Libertarian and Left - Right. My position had not changed since I last took the test 7 years ago (see below) but as I looked around the site, I noticed the chart (reproduced above) which suggests that the main contenders in the U.S. 2020 election held relatively authoritarian and right wing views (with Biden somewhat less authoritarian than Trump).



Does the political compass make sense?  The horizonal axis measures economic freedom, with people at the right end favoring more economic freedom. That corresponds, more or less, to the conventional left-right spectrum. The vertical axis measures personal freedom, with people whose views place them at the top end favoring greater restriction of personal freedom. It seems to me that the positioning of a person on a political compass incorporating a personal freedom axis is much more informative than attempting to position them on only one axis.  However, the labelling adopted is not ideal. To be considered a libertarian, in my view it is necessary to advocate economic freedom as well as personal freedom.

I was somewhat surprised by the placement of both Biden and Trump as favoring a relatively high level of restrictions on personal freedom. I don’t follow American politics closely enough to dispute how accurate that placement might be within that context.

However, by international standards, it would make little sense to view Biden or Trump as advocates of authoritarian policies. The policies they have advocated in their efforts to win votes have not been greatly different from those currently prevailing in the United States. By international standards, people in the U.S. have relatively high levels of personal and economic freedom.

The results of the latest Human Freedom Index, published by Cato and the Fraser Institute, can be used to illustrate the point. The Human Freedom Index is the result of painstaking efforts to compile a vast amount of data relating to economic freedom and personal freedom in 165 countries.

It is interesting to see the relative position of various countries in a comparable scatter diagram showing economic freedom and the x axis and personal freedom on the y axis. In the diagram below, which I have labelled “Ideological Map of the World”, the values on the personal freedom axis are in reverse order to make it comparable to the political compass. The horizontal and vertical lines drawn on the diagram are positioned at median levels of economic and personal freedom.



The position of the U.S. is clear from the chart. The levels of both personal freedom and economic freedom in the U.S. are comparable to those of other liberal democracies, and far greater than in China or Russia.

My libertarian friends in the U.S. may have good reasons to view their national political leaders as excessively authoritarian, but they are competing for the votes of people who, by international standards, enjoy relatively high levels of personal and economic freedom.

Monday, November 21, 2022

Does voting just encourage them?

 

A couple of weeks ago the thought struck me that it was about time I wrote something about the personal ethics of voting. That turned out to be more difficult than I had anticipated.

At first, I thought that I should argue that it is unethical to vote because politics is a dirty business. As a person who often espouses principles of libertarianism and decentralism (see the preceding post on this blog) I see voting as akin to online shopping with known fraudsters – you know that the package of goods they deliver will never be the same as the one you thought you were buying. You should avoid shopping with known fraudsters, and you should avoid voting because whoever you vote for a politician will be elected.

Then I thought of some problems with that analogy. What happens if you really need the goods that the politicians are advertising? Who will mend the potholes in your road if you don’t vote for a politician who promises to get it done? Perhaps you might tell me that you and your neighbours could organise a working bee and do it yourself. Good idea!

However, if you don’t vote, who will restrain government spending? I expect that the more cynical among you will respond that no-one will restrain government spending, irrespective of whether you vote, or who you vote for.


When my reasoning took me to that point, I couldn’t immediately think of an appropriate response. That was when I decided that to bring clarity to my mind I should read again the book, “Don’t Vote – It just encourages the bastards, by the late, great P J O’Rourke.  My discussion of the book provides only a small sample of the humor and wisdom in it. Despite having been written over 12 years ago, the book contains insightful comments about people who are still on the political stage in America, including Donald Trump. However, that is somewhat tangential to the focus of this article.

You might think that this book would make a strong case against voting, but the old saying about not judging a book by its cover does seems to apply in this instance. O’Rourke suggests that voting does have a purpose: “We vote to throw the bastards out”.  The problem, as I see it, is that when enough voters manage to persuade each other to vote to throw politicians out of office, that doesn’t establish a regime of peaceful human flourishing without any interfering politicians. Voters throw out one lot of politicians by voting another lot into office.

One of the funniest parts of the book is a listing of the personality characteristics of people who are drawn to politics. The first item on the list is “A pervasive pattern of grandiosity”. After listing 9 other characteristics, O’Rourke acknowledges that he has just quoted from the American Psychiatric Association’s diagnostic criteria for narcissistic personality disorder.

Nevertheless, O’Rourke acknowledges that “individual politicians are, after all, individuals like the rest of us and should be judged individually”:

“It would be wrong—very tempting, but wrong—to think of them all as simply bastards”.

He elaborates:

“I’ve spent some time with politicians. I like politicians. I’m friends with politicians from both sides of the aisle. Politicians are fine until they stick their noses into things they don’t understand, such as most things. Then politicians turn into rachet-jawed purveyors of monkey doodle and baked wind.”

Unfortunately, I must agree. The politicians I have met personally have all been likeable. When you meet them, they seem to be pleasant people (perhaps in the same way that the scammers who seek my friendship on Facebook often seem pleasant). A few politicians I have met even had their hearts and heads in the right places. The one who comes to mind most readily is Bert Kelly, an Australian politician whom I have written about previously.

Sometimes when I see a politician performing on TV, I wonder how a nice person like her, or him, ended up like that – I mean, like a bad actor saying things they don't believe. The fact that their future political careers are at stake is no consolation.

Is there something inherently evil about politics? O’Rourke writes:

“Maybe politics is inherently evil. Maybe politics is so evil that anything we do for it, even attempting to supply it with morality, just feeds the beast. I trust this isn’t true but I can’t say the thought doesn’t trouble me.”

That thought troubles me, too.

In his discussion of morality in politics, O’Rourke introduces (on page 88) the Venn diagram, reproduced at the top of this article. He drew the two circles to intersect, implying that there can be such a thing as moral political behavior.

It seems to me to be appropriate to maintain some optimism about democratic political processes. They don’t do much to protect our liberty and pursuit of happiness, but not many of us would freely choose to live under any of the available alternative forms of government. Many people claimed that democracy could not exist as a permanent form of government because it would not take long for citizens to learn that they could vote themselves largesse out of the public treasury. Indeed, that is largely what democratic politics has been about for as long as it has existed. Yet democracy survives! Perhaps democracy’s secret of success has been the existence of sufficient voters and politicians who have been willing to stop playing politics when crises have become imminent.

I often wish that I could be apolitical, but O’Rourke has persuaded me that is not practicable:

“The democratic political process is like the process of our children going through adolescence. There’s not much we can do to improve it and there’s nothing we can do to stop it. We cannot, however, just declare ourselves to be apolitical any more than we can declare ourselves to be “aparental.” Here are the car keys, son. Dad’s stash is in the nightstand drawer. Why don’t you take my ATM card while you’re at it? See you when you’re thirty.”

It certainly appears that there is not much that we, as individuals, can do to change the outcomes of the political process. The chance that your vote will be decisive is miniscule. But people do talk about politics and influence one another about how they will cast their votes. Paradoxically, even those of us who would like to be apolitical can make a difference if we decide that we don’t like the direction that politics is taking and choose to vote.

Before concluding, I should offer a personal explanation about the relevance of the personal ethics of voting to me, as a person who lives in a country where voting is compulsory. It is possible to choose not to vote in Australia without displaying a great deal of courage. It is possible to attend a polling place, chat with your neighbours, eat a “democracy sausage”, exchange greetings with people offering “how to vote” literature, have your name ticked off on the voting roll, be handed voting papers, and still not cast a valid vote. In a secret ballot, no-one knows what you write on the voting papers before you put them into the ballot boxes.

Conclusion

When I began writing this article, I was not sure whether I would end up persuading myself to vote, or to have nothing to do with the political process. P J O’Rourke helped me to persuade myself that there is such a thing as moral political behavior.

Democratic politics is certainly a dirty business. It doesn’t do much to protect liberty or the pursuit of happiness, but most of us would choose to put up with democratic immorality rather than to live under any of the currently available alternative forms of governance. Paradoxically, the survival of democracies may be attributable to the willingness of sufficient numbers of voters and politicians to refrain from playing politics – to stop raiding the public treasury - when crises become imminent.

Although the chances of an individual vote being decisive are miniscule, individuals do influence one another in how they cast their votes. Individuals who don’t like the way politics is heading are more likely to improve outcomes if they choose to vote and encourage other like-minded people to do likewise, rather than choosing to refrain from having anything to do with the political process.

Wednesday, February 9, 2022

Is "scout mindset" a worthy objective of personal development?

 


If someone had mentioned “scout mindset” to me a week ago, I would probably have thought they were referring to mottos of the scouting movement such as “Be prepared!” and “Do a good turn every day!”. Since then, I have had the opportunity to read Julia Galef’s book, Scout Mindset, Why some people see things clearly and others don’t, which was published last year.


I think this is a remarkably good book - even though it has left me feeling somewhat more modest about the accuracy of some of my perceptions.

Scout mindset versus soldier mindset

Julia Galef defines scout mindset as ‘wanting your “map” – your perception of yourself and the world – to be as accurate as possible’. The scout aims to form a map of the strategic landscape. The scout mindset is characterized by accuracy motivated reasoning and guided by the question: Is it true?

By contrast, “soldier mindset” is aimed at fighting off threatening evidence. It is directionally motivated reasoning, evaluating ideas through the lenses of “Can I believe it?” and “Must I believe it?”

Galef suggests that soldier mindset is our default setting, and argues that in many, if not all situations we would be better off abandoning it and learning to adopt a scout mindset instead.

I am inclined to the view that intuitive thinking is our default setting, and that there are often good reasons to be reluctant to abandon intuitions and expectations that are based on patterns that have we have observed in the past. Nevertheless, it is probably fair to argue that most of us have a tendency to keep fighting conflicting evidence long after it should have persuaded us to change our minds. That is the soldier mindset. When we adopt a scout mindset, we begin to assimilate the evidence and re-assess our views sooner – perhaps by engaging in reasoning akin to Bayesian updating of probabilities.

Galef explains that there are several reasons why people tend to adopt a soldier mindset. It enables them to avoid unpleasant emotions by denial or by offering comforting narratives. It helps them to feel good about themselves by maintaining illusions. It helps them to motivate themselves by exaggerating their chances of success. It helps them to convince themselves so they can be more successful in convincing others. It enables them to choose beliefs that make them look good. It also helps them to belong to social groups of like-minded people.

The author suggests that scout mindset is more useful to us than for our ancestors. I have some reservations about that claim. Scout mindset would have been a useful attribute for our hunter and gatherer ancestors when they were searching for food. Nevertheless, she is persuasive in arguing that, by comparison with your ancestors, “your happiness isn’t nearly as dependent on your ability to accommodate yourself to whatever life, skills, and social groups you happened to be born into”.

In subsequent chapters, Galef proceeds to discuss how to develop self-awareness, thrive without illusions, change your mind, and develop a scout identity. In what follows, my focus is selective. Readers seeking a more comprehensive review should also read Jon Hersey’s article in Quillette, which persuaded me to read the book.

It seems to me that the strongest objection that people raise to having accurate perceptions of themselves is that self-delusion serves them well. The strongest objection to seeking accurate perceptions relating issues of public policy is that it is not worth attempting because the individual voter’s influence on policy outcomes is insignificant. I will look at those objections before discussing scout identity as an objective of personal development.

Does self-delusion serve us well?

A substantial amount of psychological research purports to show that people who deceive themselves are happier than realists. Galef points out that these research findings are based on measures of self-deception that lack any objective standards of reality as a basis for comparison. They use measures of self-deception that conflate positive beliefs with illusions. For example, the measurement methodology assumes that people who claim that they never get angry are deceiving themselves. Similarly, people who claim that they always know why they like things are assumed to be deceiving themselves.

It is not necessary for us to deceive ourselves about the probability of success before embarking on new ventures. Galef refers to Elon Musk as an example of an investor who has proceeded with ventures even though he has a clear-eyed view that they have a low probability of success. When asked why he has said:

“If something is important enough you should try. Even if the probable outcome is failure”.

A gamble can worth taking if the expected payoff (value of each outcome x probability of occurrence) is positive.

There can also be an issue of perspective involved in assessing probability of success. I find it helpful to think in terms of adopting a player mindset rather than a spectator mindset. On the basis of past performance, spectators might be justified in assessing that the player has low probability of success in a particular event. However, a coach who knows a great deal about the player’s capability might have good reasons to suggest to her that the spectators are under-rating her chances. Encouraging the player to adopt a mindset that makes use of her inside knowledge might induce her to take a more positive attitude toward training etc. My point is that adopting a player mindset is an exercise in realistic self-appraisal, rather than self-deception.

Julia Galef is not alone in being critical of empirical research which purports to show that holding positive illusions about oneself tends to promote happiness. As previously noted on this blog Neera Badhwar has also taken that position, and has argued strongly that realistic optimism about oneself and one’s future beats unrealistic optimism. Badhwar also notes that Abraham Maslow and Carl Rogers, leaders of the human potential movement, viewed realism as central to mental health and well-being. She notes that in Rogers' view the fully functioning individual is open to experience, distorting neither his perceptions of the world to fit his conception of himself, nor his conception of himself to fit his perceptions of the world. I find this particularly interesting in the light of Rogers’ use of Alfred Korzybski’s notion that “the map is not the territory”. Carl Rogers recognized that our maps do not serve us well if they are not realistic.

Why seek accurate maps of public policy issues?

Readers who are familiar with Chapter 6 of Freedom, Progress, and Human Flourishing will be aware of my concern that individual voters lack incentive to become well-informed about policy issues. Most voters are either apathetic about politics, or view it in the same way as they view sporting contests. They cheer for their team and jeer at their opponents.

Galef discusses Bryan Caplan’s concept of rational irrationality. In explaining what he means by rational irrationality Caplan suggests:

“In real world political settings, the price of ideological loyalty is close to zero. So we should expect people to ‘satiate’ their demand for political delusion, to believe whatever makes them feel best” (The Myth of the Rational Voter, p 18).

Galef rejects the view that voters are rationally irrational on the grounds that it implies that they are “already striking an optimal balance between scout and soldier”. She seems concerned that if she were to accept that rational irrationality is widespread, she would have to appeal to the desire of the readers of her book to be good citizens, and/ or to love truth, in urging them to adopt a scout mindset.

However, it seems to me that readers of this book who have any interest in politics are more likely to be Vulcans than Hooligans – to use the terminology of Jason Brennan (in Against Democracy, 2016). Vulcans try to avoid bias, while the Hooligans are the rabid sports fans of politics. The Hooligans are so wedded to soldier mentality that their beliefs are determined by the social groups that they identify with. The only hope of persuading these soldiers to modify political beliefs that are at variance with reality rests with the ability of scouts to persuade the generals (opinion leaders they respect) to modify their views.

Galef has little respect for those Vulcans whose reasoning resembles that of Spock in Star Trek, but has plenty of advice for people who really want to avoid bias in beliefs relating to policy issues. For example, she discusses the research of Phil Tetlock, which suggests that people who are willing to make subtle revisions of forecasts of global events in response to new information tend to make more accurate forecasts than academic experts.  

The author also has some interesting advice for people who want to reduce bias in their beliefs by exposing themselves to views outside of their echo chambers. Exposing partisans to the views of their political opponents tends to reinforce their existing views. She suggests:

“To give yourself the best chance of learning from disagreement, you should be listening to people who make it easier to be open to their arguments, not harder. People you like or respect, even if you don’t agree with them.”

Scout identity

Galef notes that identifying with a belief can wreck your ability to think clearly because you feel that you have to defend it, which motivates you to feel that you have to collect evidence in its favour. She suggests that activists are likely to be most successful if they hold their identity lightly enough to be capable of engaging with the views of opponents and making clear-eyed assessments of the best ways to achieve goals.

The author presents several arguments for seeking to adopt scout identity, but suggests that the most inspiring one is “the idea of being intellectually honorable: wanting the truth to win out, and putting that principle above your own ego”.

In reading The Scout Mindset, I was struck by parallels between the argument presented for adoption of scout mindset and the views of Robert Kegan on stages of mental development from a socialized mind, which enables people to be faithful followers and team players, to a self-authoring mind and self-transforming mind. Readers wishing to investigate further might find it helpful to read Immunity to Change, by Robert Kegan and Lisa Lahey. (I discuss the book here.) 

Conclusions

In my view Julia Galef makes a strong case for people to seek to have realistic maps - perceptions of themselves and the world that are as accurate as possible.

The author successfully challenges research findings claiming that self-deception contributes to happiness of individuals, and she provides useful advice to those seeking to make their maps more accurate.

Galef offers particularly useful advice for people seeking better mapping of public policy issues. If you want to become less biased, listen carefully to the views of opponents you respect rather than seeking exposure to opponents you do not respect.

I agree with the author that the most important reason to seek to have realistic maps is because that is intellectually honorable. Scout mindset is a worthy objective of personal development.


Tuesday, September 14, 2021

Are social movements drivers of progress?

 




In considering this question my focus is on Mikayla Novak’s recent book, Freedom in Contention, Social Movements and Liberal Political Economy.

Mikayla describes social movements as “sustained collective engagement by multiple participants … aiming to effect change within society”. Mikayla provides an enlightening account of the nature of social movements, the role of entrepreneurship within them, the tactics they use, and of factors that contribute to their success. I focus here on Mikayla’s view that social movements have played a critical role in the realization of liberties enjoyed today in the Western democracies. That line of argument is central to the book, and closely linked to the question posed above.

Before going further, I should note that Mikayla uses an “entangled political economy” framework to examine social networks. That framework, developed by Richard Wagner, views individuals and groups as being intertwined in overlapping relationships of different kinds - collaborative or competitive, or consensual or exploitive. In pursuing their goals, social movements have an irrepressible tendency to entangle with other movements, and with economic and political organizations.

In making the case that social movements have contributed to expanding economic, political, and social freedoms, Mikayla discusses the historical role of some important social movements. The American revolution is discussed as the culmination of a movement resisting imposition of unfair taxation. The Anti-Corn Law League is discussed as a movement rallying public support in opposition to agricultural tariffs that benefitted landowners at the expense of consumers. The movements involved in progressive extension of the voting franchise, including female suffrage activism, are discussed as part of a struggle to gain recognition that all individuals should have equal standing to participate in politics. The success of the American Civil Rights Movement in expanding economic, political, and social freedoms is argued to have inspired subsequent movements including anti-war, environmental and feminist movements.

The author’s coverage of contemporary social movements highlights responses to regulation limiting voluntary productive entanglements of an economic nature. Movements discussed include the Tea Party and the campaign to counter restrictive effects of regulation on availability of medication for people living with HIV/AIDS.

Mikayla also highlights the ongoing challenges posed by cultural-institutional environments that fail to prevent those with political influence using it to obtain benefits at the expense of others, and which repress social movement activities. She paints an alarming picture of rising illiberalism:

“Economic freedom has waned, minorities and many other groups around the world are victimized by violent, reactionary backlash dynamics, and, increasingly, we are meeting the end of a police baton or are being haunted by the constant eye of the surveillance state. All in all, the disturbing trend is that illiberalism appears, again, on the rise.” (p 136)

However, that is followed immediately by a more optimistic message about the future of freedom:

“Nevertheless, it is our position that great encouragement should be taken from the demonstrated self-organizational abilities of ordinary people, worldwide, to formulate social movements to demand their liberties and human rights.” (p 136)

Progress

Although Mikayla does not discuss the concept of progress to any great extent, she makes the important point that social evolution tends to be discordant and discontinuous. As a liberal, she focuses on the role of social movements play in the evolution of free and open societies, and expresses strong opposition to “totalizing schemes (drawn up by social movement participants, and by others) aiming at wholesale change to society”.

I believe that social movements have been an important driver of progress, as the concept is defined in my book Freedom, Progress, and Human Flourishing.  I define progress as growth of opportunities for human flourishing – that means growth of opportunities for all individuals to meet their aspirations more fully. I don’t discuss the role of social movements explicitly, but note that social changes accompanying economic progress have played an important role in improving the opportunities available to women and members of minority groups.

My view of cultural evolution as largely benign and emancipative is consistent with the view of social movements that Mikayla presents. There is, however, a slight difference in emphasis. I view cultural evolution as the net result of progressive struggle and conservative resistance, and argue that conservative resistance serves a useful purpose in averting social changes that might later be widely regretted. Mikayla recognizes that counter-movements may be informed by ideological commitments rather than being reactionary, but she leaves the impression that they are more likely to oppose liberal freedoms than to advance them. (See pages 90-91.)

There is also an interesting difference between the items that Mikayla and I discuss as illiberal tendencies. As noted above, Mikayla emphasizes the tendency for minorities and many other groups around the world to be victimized by violent, reactionary backlash dynamics. The things I write about under this heading include cancel culture, attempts to suppress views of opponents, and terrorism. I think we are both right!

Summing up

Mikayla’s book makes an important contribution in reminding readers in the Western democracies of the emancipative role of social movements in realization of economic, political, and social freedoms that they now tend to take for granted.  In that context, social movements have been important drivers of progress, including the spreading of opportunities for more people to meet their aspirations more fully. Although I am somewhat concerned about the illiberal tendencies in some contemporary social movements, I share Mikayla’s optimism about the abilities of ordinary people to formulate social movements to advance and protect liberty.

Sunday, August 29, 2021

Do people have a right to choose where they will live?

 

                                        Vietnamese boat people arriving in Australia in 1976


In the Western liberal democracies there are few people who claim that individuals do not have the right to choose where they live. However, many people set limits on the extent to which they recognize that right. They only recognize that foreigners have the right to live in their neighborhood if they meet stringent immigration requirements.

Is that a reasonable view? If people readily accept that individuals should be free to choose where they will live within national borders, why are they reluctant to accept that individuals have a right to choose which country to live in?

If you view national borders as arbitrary lines on maps, it will seem absurd to you that immigration requirements should make it more difficult to re-locate across national borders than within a nation. International migration could normally be expected to be as beneficial as migration within national borders. For example, the potential benefits to both the employees and employers concerned when workers relocate to take up employment opportunities are not necessarily reduced when national borders are crossed. Similarly, the potential benefits to both the grandparents and grandchildren of living in the same locality are not necessarily reduced when national borders are crossed to enable that to happen.


I have been pondering such questions while reading Ilya Somin’s recent book, Free to Move: Foot voting, migration, and political freedom. Somin presents a powerful argument in favour of foot voting – choosing to move to a different country, city, condo etc. because you prefer its rules to the ones you currently live under. Foot voting enables individuals to make a choice that actually matters to them, whereas voting in an election offers individuals only a miniscule chance of affecting the outcome.

I didn’t need to read Somin’s book to be persuaded of the potential value of foot voting. It would be difficult for an economist engaged in public policy not to be aware of those benefits. I also had the benefit of considering the issues involved many years ago when I read Robert Nozick’s famous book, Anarchy, State, and Utopia.

However, it is one thing to accept the potential benefits of foot voting as an ideal, and quite another to advocate removal of current obstacles to foot voting posed by migration regulations.

Somin suggest that the sovereignty argument – the view that the right to bar migrants is intrinsic to the existence of an independent nation state – has little support among political theorists, although it often arises in public discourse. Somin mentions Donald Trump and his southern border wall proposal in this context, but John Howard, a former Australian prime minister, advanced the argument just as strongly in 2001:

 “National Security … is also about having an uncompromising view about the fundamental right of this country to protect its borders. It's about this nation saying to the world we are a generous open-hearted people, taking more refugees on a per capita basis than any nation except Canada, we have a proud record of welcoming people from 140 different nations. But we will decide who comes to this country and the circumstances in which they come.

While national governments continue to exist, it would not be realistic to expect them to refrain from accepting responsibility for migration policy. However, that does not mean that it is beyond the realms of possibility for governments to adopt something more closely approaching an open borders policy. As Somin points out, sovereign nations existed for centuries without exercising a general power to bar peaceful migrants. Most governments made significant efforts to restrict entry only in the late 19th century.

The reason why the sovereignty argument seems persuasive to many people must be related to their perception that illegal or unauthorized migration has adverse consequences. They want immigration regulation enforced because they believe it serves a useful purpose.

Somin discusses in some detail various reasons that have been advanced for immigration restrictions. These include fear of terrorism and crime, possible reduction of wage levels, burdening of the welfare state, destruction of the environment, and the spread of harmful cultural values. He recognizes the validity of some objections to freedom of international migration, but suggests that “keyhole solutions” are available to meet negative side-effects of expanded migration. These keyhole solutions aim to target real problems, minimizing risks of adverse outcomes without imposing unnecessary restrictions on foot voting.

As in many other policy areas, carefully targeted regulation which minimizes adverse side-effects is clearly preferable to blanket bans and restrictions that are directed toward meeting political demands of anti-migrant nationalist groups. Somin recognizes that such groups are the main obstacle to international foot voting.

This brings me back to the sovereignty argument. It seems to me that anti-migrant nationalist groups had greater sway in Australian politics 20 years ago when significant numbers of people seeking refugee status were arriving by boat without prior approval. Under those circumstances it was relatively easy for the opponents of immigration to claim that “people smuggling” and “queue jumping” by refugees was likely to lead to huge social problems.

The government’s action to enforce regulation and discourage unauthorized arrivals seems to have enabled the public debate about immigration levels in Australia to become somewhat more civilized in recent years. It may also have reduced public disquiet about the relatively high migrant intake in recent years (prior to the Covid 19 pandemic).

The sovereignty argument is clearly opposed to recognition that people have a right to choose which country they will live in. Nevertheless, Australians seem generally to have become more relaxed in their attitudes toward high levels of immigration since the government stridently asserted sovereignty by taking effective action to discourage unauthorized arrivals.

Postscript

The last couple of paragraphs have attracted some comment in response to a Facebook post by Boris Karpa: https://www.facebook.com/548209107/posts/10159829476419108/

The issue is whether there is any evidence to back up my assertion that Australians seem generally to have become more relaxed in their attitudes toward high levels of immigration since more effective action was taken to discourage unauthorized arrivals.

Survey evidence certainly suggests that immigration has gone off the radar as a major political issue in Australia over the last decade (Scanlan Foundation, Mapping Social Cohesion, 2020, p24). 

The total number of migrants has increased, but there has been substantial opposition associated with the "somewhat more civilized debate" that I referred to. It now seems possible for people to argue for a lower migrant intake on grounds of pressure on infrastructure, impacts on unskilled wage, and house prices etc. without being accused of racism, or lack of sympathy for refugees.

The refugee intake has not risen much over the last decade. Unfortunately, there doesn't seem to be survey data on perceptions of whether the current refugee intake is too high or too low for long enough to assess whether attitudes have changed over the last decade. The Scanlan Foundation's report for 2019 suggests that in recent years opinion has been evenly balanced between those who say the intake is too small and those who say it is too large.

I think the Australian public would now be receptive to a larger refugee intake, provided people don’t arrive uninvited. However, that is just my personal view. I guess we will see whether or not I am right over the next year or so. 

Further comments are welcome.

 

Thursday, January 28, 2021

Is Trumpism coming to Australia?

 


Over the last few decades, Australian politics seems to have become more like that of the United States. Politics in this country was once several degrees to the left of America, with the Labor party advocating socialism – and proposing extensive government ownership of business enterprises. However, in both countries the progressive side of politics is now focused on an environmental and affirmative action agenda, while the conservative side seeks to moderate those tendencies. Both sides seek to appeal, in different ways, to aspirations of people for higher material standards of living.

That was how it was before Trumpism came to America. Viewed from this side of the Pacific, American politics seems to have taken a bizarre twist. Given that Australians tend to follow social and political trends in America, does that mean we are also destined to experience Trumpism?

Before attempting to answer that question, it seems important to clarify the nature of Trumpism.

Trumpism

Salvatore Babones, an American sociologist now living in Australia, published a book a couple of years ago which sheds light on the nature of Trumpism. In his book, The New Authoritarianism: Trump, Populism, and the Tyranny of ExpertsSalvatore argues that Trump is a populist rather than an authoritarian leader and that Americans have more to fear from the tyranny of experts. He suggests that twenty-first-century democracy is endangered by the tendency of the expert class to dismiss the moral right of less-educated people to have opinions that conflict with their own.

Salvatore makes the point that populism and authoritarianism are polar opposite strategies for political legitimation:

“Populists appeal to the innate common sense of ordinary people, while authoritarians appeal to tradition and the prestige of established institutions”.

Salvatore is not particularly flattering to former President Trump. He refers to Trump as a narcissist, in making the point that “you can’t be an authoritarian when the only authority you recognize is yourself”. He also refers to Trump as “a paranoid populist with a persecution complex”.

Salvatore claimed, “Trump will never be a hero to anyone but himself”. That assessment now seems to have been wide of the mark in the light of the extent of ongoing support for Trump, despite his unwillingness to accept the result of the 2020 presidential election. Trump now commands a sizeable support base of people who love him, view him as a source of truth and wisdom, and seek to please him. Trumpism seems to have developed into a personality cult, in some respects like Peronism.

It is important to remember that, like members of other cults, Trumpists are guided by moral impulses. They may be misguided, but most of them are good people.

The development of the Trump cult seems to be partly attributable to echo chambers in the social media (discussed here) but I think it is more strongly attributable to demonization of Trump within mainstream media. Trump attracted populist support by attacking the consensus wisdom of the expert class and disparaging anyone who disagreed with him. His opponents responded in kind by suggesting he is as an ignorant buffoon, bully, and admirer of tyrants. Trump’s strongest supporters have come to love him because they think he is unfairly maligned for expressing views they endorse.

The strength of the Trump cult is evident in its impact on the behavior of many conservative politicians. Until recently, American conservatives have had a well-deserved reputation of being principled supporters of the U.S. Constitution and the federal system of government. Nevertheless, many leading conservatives, who have hitherto been opponents of judicial activism, supported the unsuccessful efforts of Texas to have the Supreme Court overturn the presidential election results of Pennsylvania, Georgia, Michigan, and Wisconsin, on the grounds of procedural irregularities.

If those efforts had succeeded, the implications would have been far-reaching. John Yoo, an American legal scholar, has noted that “under Texas’s theory, any state could have sued any other in any presidential or federal midterm election over irregular procedures”. If the Supreme Court justices had been inclined to put political loyalties above legal principle, they would have undermined the federalism that is integral to the process of electing American presidents.

The strength of the Trump cult is also evident in the efforts of some conservative politicians in challenging the Electoral College votes when they were formally opened before a joint session of both housed of Congress on January 6. Those antics had no chance of succeeding. They only make sense in terms of pandering to Trump and his support base.

It is evident that Trump’s bizarre behavior following the election has opened up a deep rift within the Republican party between those who have regard to the Constitution and the conventions associated with orderly transfer of power following elections, and those who set no limit to the lengths they would go in pandering to the Trump cult. At the forefront of the first category is Senate Republican leader Mitch McConnell, who supported Trump’s efforts to challenge the election results, but recognized Joe Biden as President-elect after the Electoral College confirmed that he had won the election. The latter category includes Senator Ted Cruz, who apparently still has presidential aspirations.

Looking ahead, an association with Trump and his support base is likely to be an ongoing electoral liability for the Republican party. Trump’s ability to get his supporters to cast a vote is more than offset by his apparent inability to avoid provoking other people to vote against him. Conservative politicians who oppose Trump will continue to be punished by the Trump cult.

The electoral future for the Republicans seems no more promising even if Trump leaves to form his own Patriots party. His electoral support is likely to be great enough to enable him to split the conservative vote and enable Democrats to win more contests.

Could a conservative populist wreak havoc in Australian politics?

I don’t think it would make sense to argue that Australians differ from Americans in fundamental ways that would make it impossible for something like Trumpism to happen here. I don’t have data on this, but it would not surprise me if the proportion of the population who think expert policy advisors ad career politicians have too much influence on government is as high in Australia as it is in America.

Over the years, a substantial number of Australian politicians have advanced their careers by thumbing their noses at the “ruling class” of politicians and expert policy advisors. It would not be beyond the realm of possibility for a person with such views to become prime minister of Australia. As I noted several years ago, former prime minister, John Howard was viewed as an outsider by the ruling class of policy advisors in Canberra. However, Howard was a career politician and could not be described as a populist.

The important point to note is that if a Trump-like populist was elected prime minister of Australia, she or he would not last more than a few months with popularity ratings as low as those of Donald Trump throughout most of his presidency. Australian prime ministers are elected by parliamentarians, and do not last long if they appear incapable of winning the next election. It is a desirable attribute of the conservative side of Australian politics that parliamentarians are able to change their leader as frequently as they wish, until they find one that voters think might be worthy of the role of prime minister for more than a few months.

Bottom line

Australia is fairly safe from Trumpism unless it becomes a republic, with an elected presidency like that in the United States. Recent events in the United States have convinced me that Australians would be wise to vote against any proposal to become a republic with an elected head of state.

Saturday, October 24, 2020

Have we got the balance right between freedom and protecting the vulnerable?

 


It is appropriate to be thinking seriously about the question posed above during the COVID-19 pandemic.

The extent to which it is appropriate for personal freedom to be sacrificed to protect the vulnerable depends on context. The consequences of viewing either freedom or protecting the vulnerable to have priority depend on the prevalence of the virus in different communities and on the means available to protect vulnerable people who are unable to self-isolate. Personal values are also involved; the responses suggested by public health officials are not always in harmony with the values of ordinary people.

Some people see no trade-off between freedom and protecting the vulnerable. At one end of the spectrum, one group in that category considers that personal freedom always trumps all other considerations, irrespective of context. At the other end of the spectrum, a different group argues that eliminating the virus trumps all other considerations – they suggest that we cannot protect the vulnerable or enjoy much freedom unless we eliminate the virus.

My response to those who argue that personal freedom always trumps all other considerations is that they should consider Friedrich Hayek’s observation that the norms of just conduct that evolved to protect the private domains of individuals (life, liberty and property) tend to change somewhat depending on context. There may be good reasons for the private domains of individuals to be defined differently during the extraordinary circumstances of a war or famine. Similarly, behaviour that is appropriately held to be wholly in the private domain of individuals can become problematic during a pandemic. For example, it is appropriate for norms regarding physical distancing to have changed to reduce infection risks for vulnerable people.

My response to those who claim that elimination of the virus should trump all other considerations is to point to the futility of attempting to achieve that objective. Outbreaks have continued to occur even in isolated communities where there have been no known active cases for months (e.g. New Zealand). It is unlikely that the virus will ever be eliminated, even if an effective vaccine becomes widely available. An ongoing suppression strategy inevitably requires ongoing restrictions on personal freedom, so trade-offs are inevitable.

Different strategies for protecting the vulnerable have different implications for personal freedom, and hence different consequences for psychological health and livelihoods. The broad choice is between focused measures aimed at protecting members of vulnerable groups (e.g. people in nursing homes) and general measures aimed at reducing community transmission. Focused measures involve some restrictions on freedom (e.g. restricted conditions for visiting family members in nursing homes) but attempting to achieve similar protection via general measures to reduce community transmission involves much greater restrictions of freedom.

There seems to have been a general tendency to use a combination of focused and general measures in most parts of the world. That may make sense in communities where the number of active cases of infection is rising rapidly, but involves excessive restriction of freedom where the number of cases in low and relatively stable.

Back in March, I argued that a period of lock-down was warranted in Australia to buy time to help cope with an expected influx of hospital patients, and to put testing arrangements in place to enable infectious people to be quarantined. That was a common view at the time, and similar reasoning was used by federal and state governments to justify lock-downs. The lock-downs were introduced following large scale voluntary self-isolation and shut-downs of businesses whose customers were staying home.

However, the strategy had unintended consequences. The combination of self-isolation, shut-downs and lock-downs worked so well to suppress virus transmission that some state governments shifted the goal posts. They closed state borders in an apparent attempt to eliminate the virus within their states.

Subsequently, the government of Victoria responded to a second-wave virus outbreak by adopting an obsessive suppression strategy to reduce transmission rates. A severe lock-down was introduced, placing the residents of Melbourne in virtual home detention for several months.

There is little doubt that the Victorian lock-down reduced transmission rates to a greater extent than would otherwise have occurred, but the burden imposed on Victorians seems to have been excessive. A more focused approach could have protected the vulnerable with less loss of freedom to the rest of the Melbourne community.

Perhaps the severe approach adopted will enable Victorians to travel interstate sooner than would otherwise be possible. However, like people in New South Wales, they still have little chance of visiting Western Australia over the next few months, and would be wise to exercise extreme care in making plans to travel to Queensland.

The federal government’s provision of additional assistance to unemployed people and businesses reduced the human misery that would otherwise have accompanied the restrictions on personal freedom imposed by state governments. As noted earlier, those restrictions include closure of state borders, which has been detrimental to tourism. It seems unlikely that such stringent measures would have been introduced if the state governments had to fund associated additional welfare payments from their own coffers.

The objective of governments in Australia – federal and state - now seems to be to get to “COVID-Normal”. That involves ongoing restrictions on large gatherings, distancing rules, sign-in rules for pubs and restaurants, and constant hectoring by politicians and public health officials about the need for vigilance. There are plans to reduce some restrictions on interstate travel, and there is talk of allowing international travel to and from a few countries with similarly low infection rates. However, a return to normal international travel to and from Australia looks to be a long way away. 

Getting to COVID-Normal, means that Australians will be continuing to live in La La Land. For the next few months, we will congratulate ourselves about the amount of personal freedom that we enjoy relative to people in the United States and Europe, where infection rates are much higher. However, I doubt that there will be as much self-congratulation in 12 month time.

At some stage Australians will need to think seriously about how we can make the transition from COVID-Normal to living in the real world. What could be done to enable that to happen within the next 12 months?

There are grounds to hope that an effective vaccine will begin to become available within a few months, but under current government policies that seems unlikely to enable life to return to normal within a reasonable time frame. An effective vaccine could enable those most vulnerable to the virus to be protected early next year, and hence may offer potential for life to get back to normal without much delay. However, effective protection of the most vulnerable seems unlikely to be sufficient to persuade state government health departments to let go of their single-minded suppression strategies. Given the climate of fear state health officials have helped to generate, consideration of personal career interests (ass protection) will continue to make them more concerned about potential COVID-19 outbreaks than about other factors affecting the health and wellbeing of citizens. For similar reasons, State premiers can be expected to continue to hide behind the advice of public health officials, rather than to make balanced decisions to protect livelihoods as well as lives.

It seems to me that Australians should be giving serious consideration to the approach advocated in the Great Barrington Declaration (GBD) of a group of infectious disease epidemiologists and public health scientists. The GBD advocates focused protection of those most vulnerable, whilst allowing the rest of the community to live their lives normally and to build up immunity through natural infection.

The GBD approach offers the best hope we have of life returning to normal in a reasonable time frame. If we do not get an effective vaccine or treatment, natural immunity offers the only hope that life can ever return to normal. If an effective vaccine or treatment becomes available over the next few months, that will remove most of the risks associated with the GBD approach. As I see it, there is no good reason why life in Australia should not return to normal very soon after vulnerable people have been offered the protection of a vaccine.

Monday, June 24, 2019

Do Australian building regulations promote safety, accessibility and livability of new dwellings?




A few months ago, I would have been astounded if someone told me that a building certifier in Australia could legally issue an occupation certificate with front path pedestrian access as shown in the photo above. In order to use the path, it was necessary for pedestrians to step over a concrete obstacle (14 cm on the driveway side and 23 cm on the house side). There was no way anyone could plausibly claim that the concrete obstacle was necessary for drainage, because water ran away from it toward the centre of the driveway.

With the benefit of hindsight, it is obvious that before buying a townhouse off the plan I had been lulled into a false sense of security by claims of building regulators that the Building Code of Australia (BCA) sets minimum standards for safety, health and amenity of buildings. I was not aware of the existence of the National Construction Code (NCC) at that time, but it wouldn’t have surprised me that it purports to provide “the minimum necessary requirements for safety and health; amenity and accessibility, and sustainability in design, construction, performance and livability of new buildings”.

I should have known better! I knew from the experience of many years working for governments that bureaucrats are no less prone to making extravagant claims than are people working in other occupations.

You might be thinking that even though it would be most unfortunate if someone was injured by tripping on the concrete obstacle, the existence of an occupation certificate, certifying that building regulation had been complied with, would protect the Owners Corporation against a compensation claim. That might be too sanguine a view. Legal information available from a reputable online source suggests that owners might not be fully covered by insurance if they could reasonably be expected to be aware of the issue and had not taken steps to address it.

The bigger issue of regulatory capture

In drawing attention to this pedestrian access issue, I am conscious that it is trivial by comparison with the building safety issues currently in the news associated with high-rise apartments in Sydney (Opal Tower and Mascot Towers). Michael Lambert, a former secretary of NSW Treasury, who reviewed building regulation for the New South Wales government and presented his report in 2015, has been quoted as saying that the issues associated with the Opal Tower “are likely just the tip of the iceberg”.

The Lambert report found “the incidence of building defects is significant” and “the incidence appears higher in NSW than elsewhere”. Lambert was not able to be more specific about incidence because “comprehensive information is not regularly collected on building defects”. He recommended that performance data be collected to enable the performance of the system to be assessed against clear objectives. In particular, he proposed a program of proactive investigations and audits of certifiers, linked to an education and training program for them. Lambert also recommended action to reduce the conflict between the accountability of certifiers for acting in the public interest and their commercial drivers for commercial success, including maintaining good relations with builders and owners/developers.

Michael Lambert has expressed disappointment that the recommendations of his report have not been more fully acted upon by the NSW government. It is not clear to what extent timely implementation of Lambert’s recommendations would have improved the quality of high-rise building in NSW, but the government’s failure to act more decisively on his proposals for incremental improvement seems to indicate that regulatory capture has become entrenched in this industry.

The theory of regulatory capture, advanced by the Nobel Prize winning economist, George Stigler, among others, refers to the tendency for regulatory systems created to act in the public interest, to instead advance the commercial or political concerns of special interest groups that dominate regulated industries. As it currently operates, the system of private certification seems to provide more protection to developers, builders, architects, engineers, and local government agencies that provide planning approval, than to home buyers.

Does more regulation provide the answer?

The knee jerk reaction of many people to quality control problems in the building industry is to urge that regulation be extended further and enforced more rigorously. However, even if determined political leaders can manage to steer some regulatory reform through the process of industry consultation, we need to face the reality that it would be prohibitively expensive for building regulation to be made much more than a ‘box ticking exercise’. Regulators can certify that certain things have been done, but that doesn’t ensure effective quality control. For example, regulators can certify that concrete has been poured to construct foundations, but it takes the resources of a building firm to control the quality of the concrete that is poured.

The main commercial incentives for firms to maintain effective quality control are to enhance their reputation in the market and to avoid litigation. Reform-minded political leaders should be seeking to identify how those market and legal incentives are impaired, and what corrective action could be taken.

Some readers might still be thinking that additional box ticking regulation would be an appropriate response to the specific question of safe residential access. I am wary of that approach because it could end up adding excessively to building costs and make homes less affordable.
Consider, for example, the guideline for dwelling access proposed by Livable Housing Australia:
A safe continuous and step free path of travel from the street entrance and / or parking area to a dwelling entrance that is level.”

Complying with that condition would not have added much to the construction cost of our new townhouse, but in many instances a step free path would impose excessive costs. In a paper written over a decade ago, Alan Moran, pointed to evidence from government housing authorities - which commission a considerable part of the housing that is specifically geared towards the needs of people with disabilities - that the costs of the building are increased by at least 4% and up to 20% where houses are built fully compliant with the relevant Australian Standard.

The issue of liability

There are two overlapping aspects relating to the issue of liability for safe pedestrian access to residences. The first aspect is liability for compensation in the event of personal injury. My understanding is that the law sensibly provides liability on all parties involved to exercise reasonable care. I don’t know whether courts have held that developers and builders maintain some liability after residences have been sold. It would be a travesty, in my view, if they are able to hide behind an occupation certificate, when that does not certify that minimal safety standards have been met for pedestrian access.

The second issue of liability relates to the question of who should be liable for ensuring that reasonable expectations of home buyers are met in relation to safe pedestrian access. In thinking about this I have gone back to a paper written many years ago by Ted Sieper, an astute Australian economist who has been under-recognized because he eschewed academic norms to publish or perish. (Ted’s paper was entitled: Consumer protection – boon or bane?  It was presented to a C.I.S. conference held at Macquarie University in April 1978.) Ted argued that in considering the choice between the alternatives, caveat emptor – let the buyer beware – and caveat venditor – let the seller beware – law makers should compare the relative transactions costs that would be imposed on buyers and sellers. He noted: 
“while consumers with different safety requirements can discriminate cheaply among different products, producers can only with great difficulty discriminate among consumers”. 
(I am grateful to Greg Cutbush for suggesting that I look for Ted’s paper.)

I think Ted’s transactions cost point is highly relevant to the issue of safe pedestrian access. It seems reasonable to expect that that developers and builders would generally show some care to avoid compensation claims for personal injury. However, it is up to individual home buyers to shop around to obtain the standard of access safety they require.

With the benefit of hindsight, we should have insisted that an appropriate standard for safe residential access was written into the contract of sale before we agreed to buy. If the developer had been reluctant to agree to that provision, that would have set alarm bells ringing in our minds.

Regulators should stop making misleading claims!

There is irony in the fact that regulation to protect consumers aims to discourage misleading claims by vendors, but apparently does nothing to discourage building regulators from making misleading claims about the products they are selling.

Regulatory authorities should be required to renounce misleading claims they have made that the BCA and NCC provide minimum necessary standards for safety.  

If building regulators want to be helpful to home buyers, they should advise them to consult their lawyers to ensure that contracts for sale require developers to meet appropriate standards for safety and amenity.