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1 - Legalize Freedom

A Chapter on Law and Policy for Innovation and Growth

Published online by Cambridge University Press:  05 June 2012

Robert D. Cooter
Affiliation:
University of California Berkeley School of Law
Geoffrey A. Manne
Affiliation:
International Center for Law and Economics (ICLE) and Lewis and Clark Law School
Joshua D. Wright
Affiliation:
George Mason University School of Law
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Summary

Introduction

Sustained growth occurs in developing nations through improvements in markets and organizations. Entrepreneurial innovation resembles a biological mutation that is unpredictable before it occurs and understandable afterward. It is unpredictable because it begins with an innovator who earns extraordinary profits from private information. It is understandable because its ends with the dissemination of the innovation, so everyone earns ordinary profits from public information. These characteristics of innovation have important consequences for law and policy to foster economic growth. Government officials who rely on public information cannot predict which firms or industries will experience rapid growth. Consequently, industrial policies are unlikely to succeed in promoting growth by picking firms or industries to receive tax advantages, subsidies, or tariff protection. Proponents of such industrial policies today make the same mistake as the mercantilists whose interventions Adam Smith attacked as a cause of national poverty. Instead of industrial policy, developing countries should secure property and contract rights, and create effective business law (especially the laws regulating financial markets). When the state legalizes entrepreneurial freedom, innovators create, and nations become rich.

Legalize Freedom

In the last two centuries, the wealth of the richest countries has risen above the poorest like Mount Everest rising above the Ganges Plain. The gap opened because the richest countries grew richer, not because the poorer countries grew poorer. Most poor countries today are somewhat richer relative to their past and much poorer relative to rich contemporary countries.

Type
Chapter
Information
Competition Policy and Patent Law under Uncertainty
Regulating Innovation
, pp. 27 - 41
Publisher: Cambridge University Press
Print publication year: 2011

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