It’s hardly a secret that the 2012 election is shaping up as a contest between free markets and big government. And while the choice seems clear in the current political environment, it’s important to recall that government does play a critical role in the development and maintenance of functioning markets. Yet, as Tea Partiers, Occupiers, and Ron Paul acolytes all note, government has both abdicated that critical role and inserted itself where it does not belong.

If markets were magical places that flourished whenever government disappeared, Somalia would be the world’s leading economy. Markets are sophisticated mechanisms that enable informed parties to exchange resources, voluntarily, to mutual benefit. There’s a lot packed into that sentence. For markets to work, participants must trust the system. They must believe that they have—or least can access—the information they need to make informed decisions. They must feel free from coercion—both explicit coercion and unacceptable take-it-or-leave-it offers. They must trust the inherent fairness of the system, and they must believe that it is possible to enforce the rules of the marketplace by sanctioning cheaters. The closer an actual market comes to meeting these needs, the better it will function. The further a market drifts from these goals, the more likely it is to fail. It is thus absolutely critical that someone—presumably the government—serve as the market referee and the guarantor of market enforcement.
First and foremost, market participants must believe that courts will honor contracts and property rights fairly, dispassionately, and smoothly. Contracts allow strangers to exchange promises; property allows people to focus on matters in front of them without worrying about possessions that may be out of sight. In the absence of enforceable contracts and property rights, people could never travel far from home, leverage their assets, or exchange current payment or performance for a promise of future delivery with anyone unfamiliar. In short, a society that distrusts its courts cannot progress beyond a tribal or a village economy—even if it employs tribal or village markets.
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