Clubs and Governments
Davies, Stephen, Freeman
Earlier this year the world lost one of its most original and insightful scholars with the death of Elinor Ostrom. Unlike some winners of the Nobel Prize for economics, Ostrom will be inspiring research and fresh thinking for many years to come. One of her central insights was that human beings have a huge capacity to create institutions that conserve scarce resources and prevent predatory behavior without relying on political power or market exchanges. This means we should move away from the simple dichotomies public versus private, State versus market, and government regulation versus market exchange.
In particular we should stop thinking we must choose between regulation (control by government) on the one hand and unregulated private action on the other. The reality is more complex. Rules and regulations govern many activities but can have all kinds of sources other than the State.
Nor do things end there. Another of Ostrom's insights is that complex human institutions and social systems frequently are governed not by explicit rules or laws but rather by generally understood norms and expectations, with accepted penalties for violation. Again, these are created not by diktat or legislation but spontaneously, by human interaction, yet they bind and regulate the actions of individuals as tightly as any printed code or regulation - often more so.
A classic, and highly topical, example is provided by the history of financial markets and exchanges, particularly the London Stock Exchange. Not understanding either the history or Ostrom's insight can lead to a damaging misunderstanding of both the recent past and the present. Such misunderstanding is found on both sides of the conventional argument.
The widely held view of the history of the exchange goes something like this: Up to 1986 the financial market in London was highly regulated, but then the Thatcher government freed it of regulation. For some this was the start of a golden era for the City of London, with rapid growth, the breaking of an "old boy network," and a whole series of efficiency gains, while for others it was the beginning of disastrous unregulated dog-eat-dog competition. Both accounts misunderstand both the situation before the "Big Bang" of 1986 and the nature of what came afterward. Looking at London as one of Ostrom's communities gives us a clearer picture.
The stock exchange, and the wider financial markets of the city, were indeed highly regulated before 1986. However, the regulations in question did not come from the British government. Rather they were created, articulated, and enforced in the classic way that Ostrom's work recognized - by private action within a social group. The exchange was formed in 1773 as a private club and remained one up to 1986. The first modern stock exchange appeared in Antwerp in the Netherlands in the sixteenth century. In imitation the English Crown set up a Royal Exchange in London in 1571. During the later seventeenth century, trading in stocks and shares became an increasingly important activity and there were repeated attempts by the government to regulate it by statute. This drove much of the activity away from official exchanges and into the coffeehouses and streets, notably Exchange Alley near the new Bank of England. In 1773 about 150 stockbrokers formed a club that became the London Stock Exchange (as it remained until it became a public limited company in 19 86). This involved the drawing up of formal rules to govern membership and trading, which were written down in 1812.
The rules governing the buying and selling of securities were extensive and explicit but were produced by the voluntary association of the members. It never had a statutory monopoly of such trade, so any group of investors or brokers could set up a rival. However, although regional exchanges existed in centers such as Manchester, Liverpool, and Glasgow, no challenger emerged. …