law

All posts tagged law

Robin Hanson suggests, partly in response to calls for a pause in development of AGI, liability rules for risks related to AGI rapidly becoming powerful.

My intuitive reaction was to classify foom liability as equivalent to a near total ban on AGI.

Now that I’ve found time to think more carefully about it, I want to advocate foom liability as a modest improvement over any likely pause or ban on AGI research. In particular, I want the most ambitious AI labs worldwide to be required to have insurance against something like $10 billion to $100 billion worth of damages.

Continue Reading

I recently noticed similarities between how I decide what stock market evidence to look at, and how the legal system decides what lawyers are allowed to tell juries.

This post will elaborate on Eliezer’s Scientific Evidence, Legal Evidence, Rational Evidence. In particular, I’ll try to generalize about why there’s a large class of information that I actively avoid treating as Bayesian evidence.

Continue Reading

Book review: Where Is My Flying Car? A Memoir of Future Past, by J. Storrs Hall (aka Josh).

If you only read the first 3 chapters, you might imagine that this is the history of just one industry (or the mysterious lack of an industry).

But this book attributes the absence of that industry to a broad set of problems that are keeping us poor. He looks at the post-1970 slowdown in innovation that Cowen describes in The Great Stagnation[1]. The two books agree on many symptoms, but describe the causes differently: where Cowen says we ate the low hanging fruit, Josh says it’s due to someone “spraying paraquat on the low-hanging fruit”.

The book is full of mostly good insights. It significantly changed my opinion of the Great Stagnation.

The book jumps back and forth between polemics about the Great Strangulation (with a bit too much outrage porn), and nerdy descriptions of engineering and piloting problems. I found those large shifts in tone to be somewhat disorienting – it’s like the author can’t decide whether he’s an autistic youth who is eagerly describing his latest obsession, or an angry old man complaining about how the world is going to hell (I’ve met the author at Foresight conferences, and got similar but milder impressions there).

Josh’s main explanation for the Great Strangulation is the rise of Green fundamentalism[2], but he also describes other cultural / political factors that seem related. But before looking at those, I’ll look in some depth at three industries that exemplify the Great Strangulation.

Continue Reading

In this post, I’ll describe features of the moral system that I use. I expect that it’s similar enough to Robin Hanson’s views I’ll use his name dealism to describe it, but I haven’t seen a well-organized description of dealism. (See a partial description here).

It’s also pretty similar to the system that Drescher described in Good and Real, combined with Anna Salamon’s description of causal models for Newcomb’s problem (which describes how to replace Drescher’s confused notion of “subjunctive relations” with a causal model). Good and Real eloquently describes why people should want to follow dealist-like moral system; my post will be easier to understand if you understand Good and Real.

The most similar mainstream system is contractarianism. Dealism applies to a broader set of agents, and depends less on the initial conditions. I haven’t read enough about contractarianism to decide whether dealism is a special type of contractarianism or whether it should be classified as something separate. Gauthier’s writings look possibly relevant, but I haven’t found time to read them.

Scott Aaronson’s eigenmorality also overlaps a good deal with dealism, and is maybe a bit easier to understand.

Under dealism, morality consists of rules / agreements / deals, especially those that can be universalized. We become more civilized as we coordinate better to produce more cooperative deals. I’m being somewhat ambiguous about what “deal” and “universalized” mean, but those ambiguities don’t seem important to the major disagreements over moral systems, and I want to focus in this post on high-level disagreements.
Continue Reading

Book review: The Moral Economy: Why Good Incentives Are No Substitute for Good Citizens, by Samuel Bowles.

This book has a strange mixture of realism and idealism.

It focuses on two competing models: the standard economics model in which people act in purely self-interested ways, and a more complex model in which people are influenced by context to act either altruistically or selfishly.

The stereotypical example comes from the semi-famous Haifa daycare experiment, where daycare centers started fining parents for being late to pick up children, and the parents responded by being later.

The first half of the book is a somewhat tedious description of ideas that seem almost obvious enough to be classified as common sense. He points out that the economist’s model is a simplification that is useful for some purposes, yet it’s not too hard to find cases where it makes the wrong prediction about how people will respond to incentives.

That happens because society provides weak pressures that produce cooperation under some conditions, and because financial incentives send messages that influence whether people want to cooperate. I.e. the parents appear to have previously felt obligated to be somewhat punctual, but then inferred from the fines that it was ok to be late as long as they paid the price.[*].

The book advocates more realism on this specific issue. But it’s pretty jarring to compare that to the idealistic view the author takes on similar topics, such as acquiring evidence of how people react, or modeling politicians. He treats the Legislator (capitalized like that) as a very objective, well informed, and altruistic philosopher. That model may sometimes be useful, but I’ll bet that, on average, it produces worse predictions about legislators’ behavior than does the economist’s model of a self-interested legislator.

The book becomes more interesting around chapter V, when it analyzes the somewhat paradoxical conclusion that markets sometimes make people more selfish, yet cultures that have more experience with markets tend to cooperate more.

He isn’t able to fully explain that, but he makes some interesting progress. One factor that’s important to focus on is the difference between complete and incomplete contracts. Complete contracts describe everything a buyer might need to know about a product or service. An example of an incomplete contract would be an agreement to hire a lawyer to defend me – I don’t expect the lawyer to specify how good a defense to expect.

Complete contracts enable people to trade without needing to trust the seller, which can lead to highly selfish attitudes. Incomplete contracts lead to the creation of trust between participants, because having frequent transactions depends on some implicit cooperation.

The book ends by promoting the “new” idea that policy ought to aim for making people be good. But it’s unclear who disagrees with that idea. Economists sometimes sound like they disagree, because they often say that policy shouldn’t impose one group’s preferences on another group. But economists are quite willing to observe that people generally prefer cooperation over conflict, and that most people prefer institutions that facilitate cooperation. That’s what the book mostly urges.

The book occasionally hints at wanting governments to legislate preferences in ways that go beyond facilitating cooperation, but doesn’t have much of an argument for doing so.

[*] – The book implies that the increased lateness was an obviously bad result. This seems like a plausible guess. But I find it easy to imagine conditions where the reported results were good (i.e. the parents might benefit from being late more than it costs the teachers to accommodate them).

However, that scenario depends on the fines being high enough for the teachers to prefer the money over punctuality. They appear not to have been consulted, so success at that would have depended on luck. It’s unclear whether the teachers were getting overtime pay when parents were late, or whether the fines benefited only the daycare owner.

Book review: Fragile by Design: The Political Origins of Banking Crises and Scarce Credit, by Charles W. Calomiris, and Stephen H. Haber.

This book start out with some fairly dull theory, then switches to specific histories of banking in several countries with moderately interesting claims about how differences in which interest groups acquired power influenced the stability of banks.

For much of U.S. history, banks were mostly constrained to a single location, due to farmers who feared banks with many branches would shift their lending elsewhere when local crop failures made local farms risky to loan to. Yet comparing to Canada, where seemingly small political differences led to banks with many branches, it seems clear that U.S. banks were more fragile because of those restrictions, and less competition in the U.S. left consumers with less desirable interest rates.

By the 1980s, improved communications eroded farmers’ ability to tie banks to one locale, so political opposition to multi-branch banks vanished, resulting in a big merger spree. The biggest problem with this merger spree was that the regulators who approved the mergers asked for more loans to risky low-income borrowers. As a result, banks (plus Fannie Mae and Freddie Mac) felt compelled to lower their standards for all borrowers (the book doesn’t explain what problems they would have faced if they had used different standards for loans the regulators pressured them to make).

These stories provide a clear and plausible explanation of why the U.S. has a pattern of banking crises that Canada and a few other well-run countries have almost entirely avoided over the past two centuries. But they suggest the U.S. banking crises should have been more unique among mature democracies than was actually the case.

The authors are overly dismissive of problems that don’t fit their narrative. Commenting on the failure of Citibank, Lehman, AIG, etc to sell more equity in early 2008, they say “Why go to the markets to raise new capital when you are confident that the government is going to bail you out?”. It seems likely bankers would have gotten better terms from the market as long as they didn’t wait until the worst part of the crisis. I’m pretty sure they gave little thought to bailouts, and relied instead on overly complacent expectations for housing prices.

The book has a number of asides that seem as important as their main points, such as claims that Britain’s greater ability to borrow money led to its military power, and its increased need for military manpower drove its expansion of the franchise.

Rule of the Clan

Book review: The Rule of the Clan: What an Ancient Form of Social Organization Reveals About the Future of Individual Freedom by Mark S. Weiner.

This book does a good job of explaining how barbaric practices such as feuds and honor killings are integral parts of clan-based systems of dispute resolution, and can’t safely be suppressed without first developing something like the modern rule of law to remove the motives that perpetuate them.

He has a coherent theory of why societies with no effective courts and police need to have kin-based groups be accountable for the actions of their members, which precludes some of the individual rights that we take for granted.

He does a poor job of explaining how this is relevant to modern government. He writes as if anyone who wants governments to exert less power wants to weaken the rule of law and the ability of governments to stop violent disputes. (His comments about modern government are separate enough to not detract much from the rest of the book).

He implies that modern rule of law and rule by clans are the only stable possibilities. He convinced me that it would be hard to create good alternatives to those two options, but not that alternatives are impossible.

To better understand how modern individualism replaced clan-based society, read Fukuyama’s The Origins of Political Order together with this book.

Book review: The Origins of Political Order: From Prehuman Times to the French Revolution, by Francis Fukuyama.

This ambitious attempt to explain the rise of civilization (especially the rule of law) is partly successful.

The most important idea in the book is that the Catholic church (in the Gregorian Reforms) played a critical role in creating important institutions.

The church differed from religions in other cultures in that it was sufficiently organized to influence political policy, but not strong enough to become a state. This lead it to acquire resources by creating rules that enabled people to leave property to the church (often via wills, which hardly existed before then). This turned what had been resources belonging to some abstract group (families or ancestors) into things owned by individuals, and created rules for transferring those resources.

In the process, it also weakened the extended family, which was essential to having a state that impartially promoted the welfare of a society that was larger than a family.

He also provides a moderately good description of China’s earlier partial adoption of something similar in its merit-selected bureaucracy.

I recommend reading the first 7 chapters plus chapter 16. The rest of the book contains more ordinary history, including some not-too-convincing explanations of why northwest Europe did better than the rest of Christianity.

Book review: The Law Market by Erin A. O’Hara and Larry E. Ribstein.

This book describes why it has become easier for parties to a contract to choose which legal system will be applied to their contract, both in terms of the political forces that enabled choice and why it’s good that choice is possible.

The political forces include the ability of some parties to physically leave a jurisdiction if they have inadequate choices about what law will be applied to them. Often enough those parties are employers that legislators want to remain in their jurisdiction.

The benefits include simple things like predictability of contract interpretation when the contract covers things that involve physical locations associated with multiple jurisdictions where there otherwise would be no reliable way to predict which court would assert jurisdiction over disputes. They also include less direct effects of providing incentives for legal systems to improve so as to attract more customers.

The book mostly deals with contracts between corporations, and is much more tentative about advocating choice of law for individuals.

The book provides examples showing that as with most markets, competition for law produces better law. But is also mentions more questionable results, such as competition for most effective tax shelters or the easiest terms for divorce (for divorce, the book suggests those who want divorce to be hard should try to arrange contracts that allocate assets in a way that discourages divorce; it would be harder for easy-divorce states to justify ignoring those contracts). There’s also a risk that the competition will sometimes benefit lawyers rather than their clients, as clients often rely on lawyers to decide which legal system to use without having a practical way to check who benefits from some of those choices.

The book is often dull reading because it often describes case law to explain quirks of current law that will be of interest to few non-lawyers.

One part that disappointed me was the assumption that the choice of jurisdiction should dictate the physical location in which plaintiffs must argue their case (the travel costs can make some lawsuits unpractical to a consumer suing a company if the company decides the location at which a suit is argued). Why are we trapped in a set of rules that requires travel to a possibly distant court when we have technology that provides reasonable remote communications?

Jury Incentives

The jury system in the U.S. originated in times when most communities were small enough that jurors were likely to feel close enough to defendants to have tribal/friendship/etc desires not to convict someone without cause, and to be sufficiently at risk from a defendant’s future crimes to take some care not to acquit the guilty. But today, those motives have broken down in many urban and suburban places, and trials are often decided by those who are too dumb to get off jury duty.
I don’t have good ideas for ensuring that jurors are chosen so that they feel like they’re part of the same small community as the defendant, so I’m hoping instead to create new incentives for jurors to care about verdicts.
Simply increasing the pay for serving on a jury would help to avoid the problem of jurors being selected for low intelligence, but I can’t tell how much of the problem that would solve.
I propose a additional ways of rewarding jurors based on results. If the jurors acquit, the jurors could get some large payment in 5 or 10 years if the defendant commits no crimes during that time, but no further payment if the defendant commits a crime. If the jurors convict, the jurors could get some large payment in 5 or 10 years unless the defendant has been exonerated or the conviction reversed on appeal.
The size of the payments would need to be carefully calibrated so that the average award is the same for juries that convict as it is for those that acquit.
Since it would take forever for the government to work out all the details needed to translate these ideas into a fair and predictable system, I’m wondering whether a private charity could implement them. Presumably there are significant legal obstacles to many kinds of payments to jurors, since it’s easy for such payments to be intended to serve the interests of one party to the trial. I can’t tell whether the relevant laws are broad enough to prohibit desirable incentives, or if so whether it’s feasible to relax those restrictions.