Gerard Baker
Download 'Too Hot', an exclusive Specials track from iTunes
The capitalist fat cat has long held a treasured place in popular demonology. Russians used to deride casino capitalism before showing us how to do it really well - by playing with the house's money. British trade union leaders castigated the City of London even as it created jobs at many times the pace at which their own mulish Luddism destroyed them.
Even for Americans - perhaps especially for Americans - Wall Street has been the target of popular revulsion and caricature almost since the first banks opened in Lower Manhattan. From William Jennings Bryan's philippics against the “idle holders of idle capital” in 1896 to Michael Douglas' portrayal of Gordon “Greed is Good” Gekko almost a century later, the susceptibility of the American public consciousness to the perceived cupidity and selfishness of Wall Street is every bit as acute as that of any European.
When crises unfold and the idlers and greed merchants get their comeuppance, the instant reaction is a mix of anger and Schadenfreude. The public experiences a sort of Kübler-Ross style progression through the various stages of socialist grievance.
The inner Marxist rather enjoys the spectacle of rich bankers becoming victims of their own unsustainable excess, proof of the inevitable internal contradictions of the market process. Picture editors never tire of those photographs of some trader holding his head in his hands as the numbers on the screen behind him bleed red.
Then the inner Stalinist takes over and rages at the injustice of it all. How dare these Masters of the Universe with their Porsches and their incomprehensible gobbledygook bring us to our knees? Annihilate the options traders!
Finally, we get to the inner Leninist, surveying the economic wreckage and calmly insisting that Something Must be Done.
That is roughly where we are now in the Great Panic of 2008.
There is a compelling narrative that spans the transatlantic political space - all the way from Barack Obama through John McCain to the Labour Left and, for all I know, the British Conservatives too.
We got into this mess, it says, because we unleashed the forces of free-market capitalism. This is what you get when you let the animal spirits loose. We bought too willingly into all that 1980s ideology of deregulation and the primacy of markets. Government bowed out of the business of supervising and constraining the financial system. We need to realise the destructive folly of free markets and put the Government back in control. It's a convenient and compelling narrative but is deeply flawed both in its historical account and its prescription.
First, the mess we're in cannot simply be ascribed to an insufficiency of government intervention. It's true that some better regulation would have helped but in important respects there has been way too much government intervention.
Take the US mortgage market at the heart of the present crisis. One of the largest sources of the problem is the role of Fannie Mae and Freddie Mac, the giant US mortgage companies, government-sponsored enterprises that hold or guarantee almost half of America's $11 trillion mortgage market. They facilitated much of the explosion of the mortgage-backed securities market in the US and they did so because investors always believed that these oddly public-private hybrids carried an implicit government guarantee. (They were right.)
Critics gave warning repeatedly that if they were not scaled back they would threaten the stability of the whole financial system. (They were right again.)
The idea that these two collapsing behemoths somehow represent a failure of the market is about as plausible as saying that the collapsing boxer falling to his knees somehow represents a failure of the canvas.
Nor is it the case, as capitalism's critics maintain, that the regulatory structure has been dismantled. On the contrary, the US system of financial regulation has been built up over the years into a staggering skyscraper of rules and institutions that induce a sort of governing paralysis.
The regulatory framework is not too small. It is a mess, multiplicated in many areas among different state and federal agencies, and completely lacking in others. It is developed on a base that was created in the 1930s to deal with a wholly different financial environment. Most of those still extant rules that deal, for example with commercial banks, are redundant, while others that should be in place to deal, for example, with investment banks, are not there.
Or take the UK model - please, take the UK model. Tripartite regulation between the Treasury, the Bank of England and the Financial Services Authority was a work of genius - until someone rediscovered the old truth that when you have three people in charge of something no one is really in charge. Again this is not lack of regulation. It is the wrong sort of regulation, misdirected, incoherent and in some respects, excessive.
Or consider another example in which tight regulation is actually hampering economic recovery. Under international financial rules, banks are required to maintain a core capital base as a proportion of their total balance sheet. But in a financial catastrophe, as capital dwindles and assets become riskier, those rules require banks to cut their lending and investments, driving deeper into the vicious circle
The need is not for more regulation but for more relevant regulation, a more intelligent and targeted role for government that acknowledges the essential wisdom of markets but acts to protect the weakest from their excesses.
That might certainly mean a more active role for supervisors in examining bank balance sheets. But it is more likely to require not aggressive government intervention, but simply the insistence on better provision of information to avoid the chaos created in the past year because investors didn't have a clue about the quality of many of the assets that they held. And in some respects it might even require less public involvement in, or restraint of, the economy: for example, the dismantling of the US mortgage giants and perhaps less onerous restrictions on bank lending when the economy is contracting.
We certainly don't need a system based on the wholly implausible proposition that, in the end, government knows better than people. We should resist at all costs the historically challenged claim that politicians, or the officials they appoint, can possibly know better than free, liquid, well-informed markets in which, every day, hundreds of millions of people put their own money on the line to choose their own future.
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£24,250 - £30,346
MI5
London
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
GB makes a reasonable, but conventional case against regulation. It seems to me IT combined with the enormous political will created by this crisis, if sensibly harnessed, could enable industry, legislators, and regulators to overcome past hurdles like insufficient info in devising smart regs.
Mike , Tokyo, Japan
Maybe I'm being too simplistic but every game has rules. Watch kids play they first create rules. If their are no rules there is chaos. As the creative mind of humans work their way around rules, rules need to be adjusted. My husband doesn't want to watch another World Cup won by penalty shots.
Cindy, Austin, USA
You live in Lala-Land. The public will not cough up $700 billion to bail out private financial institutions and let continue as before. Face it: deregulation advocates have lost ALL their credibility. No one knows what will come of this - but certainly not a continuation of business as usual.
Martin Klein, Halle, Germany
With what laughingly passed as oversight by SEC, Treasury and Fed; most of the world has belatedly factored in a risk premium. That is why the money markets have frozen-up they do not trust the US will pay them back. Realise this: the US$ and markets are fighting for their lives right now.
dhome, sydney, australia
No regulation will mean nothing is too big to fail and no US taxpayer funded bail-outs. No regulation will warn everyone of the inherent risks of investing in US markets. Im not too sure that foreign investors, who currently lend the US about 2 billion a day, would lend under those circumstances.
dhome, sydney, australia
It's a bit like seat belts really. The majority of people proved too stupid to use them, so it had to be made the law - because an idiot thrown from a car at 60mph could kill an innocent bystander.
Likewise, most people are too stupid to borrow sensibly, so ... well you can work out the rest.
Jon Leigh, Southern, France
Good to hear that someone in the mainstream media has it at least on the right track. People think that this is some failure of the free market - but where the hell is the 'free' bit in all this. Fannie, Freddie and the Fed - ALL BACKED BY GOVERNMENT!
Robert, london,
You got this the wrong way around.. The US government has just bailed out the mortgage industry. There is no serious discussion about regulation. In fact, financial sector regulation has been eroded for years. Banks have taken advantage, running up huge bubbles that the taxpayer must now pay for.
Alice Cook, London, UK
Well, those that applaud this article about the negative effects of regulation - do you then approve this massive government bailout that the stock market is so much loving at the moment? If the free market is such an error free miracle why are we wasting taxpayer's money saving it?
Martin, Helsinki, Finland
Most of the causes can be attributed to these financial brokers paying themselves fat salaries & bonuses which do not truly reflect their economic contribution.
ian cheese, london, uk
Too often overlooked in this mess is that the rock starting this avalance was the U.S. Federal Govt and the 1994 National Home Ownership "Strategy". We will now all pay for misguided social engineering and market meddling by our own Government.
Paul R., Columbus, USA
Rich: Wrong. If you look at the paper trail you will find that the banks made the majority of their quick profit by loaning to the poor. They received nice compensation when the loans were then passed on to Fannie Mae, as is the norm in US mortgages. They skirted regulation with faulty loans.
Juan, San Diego, USA
You don't get it Gerard. When the manufacturer, Chrysler, in the early '80s got federal loan guarantees, the CEO paid himself $1 for the year. Do we see the CEOs, and senior managers, in the finance industry offer anything in return? For example a Congressman's pay is $169,300.
Hugo van Randwyck, London, UK
No-one is saying "more regulation", people are saying "let's put regulations in place so this doesn't happen again". Is that mutually exclusive with rolling back previous acts where necessary? Is anyone saying none of the existing regulations should be dissolved?
Bob, Let's say Buenos Aires,
Free market capitalism is just unfettered human greed. If this were capable of solving all of mankind's problems, surely they would have been solved long ago. There must be a role for regulation. The trick is to get the balance right.
Roman, Chicago, USA
In the midst of the blame game let's not forget that the SEC sponsorship of Moody's, Fitch, and S&P and the payment structure of obtaining ratings created strong incentives for junk to be declared AAA treasure. A less regulated ratings system, where ratings agencies are rewarded for performance, could have prevented a lot of bad.
Wills, Provo, USA
I agree with the sentiments expressed in this article. It should be emphasised, however, that regulatory authorities must be truly independent of the entities they supervise. When the dust blows away I am sure that questions will also be asked of external auditors who signed off overvalued assets.
Peter, Pirot, Serbia
What utter rublish. First Enron accounting now the sub-prime paper chase. These wide boys know exactly what they are doing and reward themselves hansomely, then leave the losses and irrecoverable debt to be funded by the taxpayer and their noble representatives. This was anarchy and it must end.
Alberto Jorge, Perth, Australia
Yes, bad regulation is bad. But the issue is this:
First, mortgage sellers sold to high risk folk.
Then, mortgage traders sliced and sold forward and sideways the paper creating a situation where no one was able to assess the risks.
That's bound to destroy wealth for the many. Who gained?
Germaine Botterel, London,
I think there are some very valid points made in the article. I think its also necessary to point out that this financial nemesis has roots in the total hubris of the leading lights of international finance, and this misguided belief that finance is the be all and end all of economic life.
paul, Carlow, Ireland
The Anglo-Saxon version of capitalism has produced 2 bubbles (dot-com and now this) in the last 20 years not genuine wealth. The US and UK have singularly failed to create wealth with this casino version of economics - trade deficits getting progressively worse. Gambling is not investing.
Eddie Reader, birmingham, england
No no no , regulation must take place, wake up we live in a
capitalist greedy mad system. which has ruined any chance of normal credit being available to ordinary people for years to come. The top 1% have ransacked the finacial system due to planned deregulation.
Grow up face facts .
philip hammond, Adelaide, australia
Ian Stuart, USA - Those banks were acting in accordance with 1970's federal demands that banks give loans to those with poor credit. We are now seeing the repercussions.
Rich, Middlesbrough,
Short selling. Borrowing funds to speculate on a downward trend to benefit a few against the majority and to pay back a commission on a depleted capital base.
Nothing new in that, is there Gordon?
Mike L, Chippenham,
Frankly, although this point of view is interesting, the fact is that good regulation would have prevented much of the current pain.
The fact that it would also have resulted in slower growth is not necessarily bad, given the current state of the Earth.
Constant growth of anything is not good
cap, london, uk
I clicked on this article expecting to disagree with it, but I found it extremely interesting, illuminating, and well written. Thank you for one of the best articles I've read in ages.
Edd Bullen, Melbourne, Australia
I have heard of contrarian investing but only Baker could try to argue that there should be LESS regulation in the future and that Fannie and Freddie should be dismantled. Most of the subprime lending was NOT undertaken by them but by the banks.
Ian Stuart, Frederick, USA
I clicked on this article expecting to disagree with it, but I found it extremely interesting, illuminating, and well written. Oh, and entertaining. Thank you for one of the best articles I've read in ages.
Edd Bullen, Melbourne, Australia
Great article. The government should just make sure there is no fraud and let private citizens decide how much risk they want to accept.
Joseph, New York City, USA
The market is evolutionary - cutting down some species but allow new ones to grow with more vigour. This too shall pass.
The question is can we now get rid of the supidity that is mark to market asset revaluations on long term assets.
They make profit/market cycles massively overstated.
Greg, Sydney, Australia
Excellent article. Unfortunately I feel certain we are headed for more regulation with the coming Obama presidency. I wish someone in the press would also discuss the role the Community Reinvestment Act, with its implicit forcing of banks to lend to sub-prime borrowers, has had in this meltdown.
Bob, Alexandria VA, usa