The Volokh Conspiracy
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*Build, Baby, Build*: Responses to the Best Objections
Specificity, fertility, and political assimilation. Fourth in a series of guest-blogging posts.
As an author, I am deeply grateful for criticism. Your critics correct you. Your critics help you improve. And as Oscar Wilde taught us in The Picture of Dorian Gray, "There is only one thing in the world worse than being talked about, and that is not being talked about." For the vast majority of writers, being widely denounced would be a big step up from being utterly ignored.
Relative to my earlier books, criticism of the new Build, Baby, Build: The Science and Ethics of Housing Regulation has so far been mild. I'm still waiting for the first 1-star Amazon review.
Granted, my thesis — property-owners, not government, should decide what to build on their own land — ultimately horrifies most people. But almost everyone who knows anything about housing knows that the case for determined deregulation is strong. Still, I plainly haven't convinced all informed observers. What are their best objections, and how do I reply?
- "Exactly what regulations should be abolished? Are you opposed to building codes? Fire codes? Or what?" The book focuses on height restrictions, multifamily restrictions, minimum lot sizes, and minimum parking requirements. There is specific research on all four of these forms of regulation which confirms their high costs and low benefits, so we should definitely eviscerate them. But as my discussion of the slippery slope suggests, I am broadly opposed to even the most anodyne regulations. Reputation and private certification are the best ways to ensure occupants' safety. HOAs and nuisance lawsuits are the best ways to handle neighbors' complaints. I'm striving for a broad consensus, and celebrate any deregulation I can get. My aspirational agenda, however, is full laissez-faire.
- "You claim that deregulation will raise fertility by reducing housing prices. But don't dense cities almost always lead to rock-bottom fertility?" Whenever you see birth dearths in cramped quarters, the fundamental question to ask is: "Why do these people consume such a small quantity of housing?" Our default answer should definitely be: "Because housing is expensive."If 4000 square foot apartments in Manhattan skyscrapers cost $1500 a month, would critics really still expect their occupants to have low fertility? While it is logically possible that density per se reduces fertility holding the price per square foot of housing constant, I have yet to see any credible evidence of this. This recently popular paper has no price data. Furthermore, it measures density at the national level, so whether your people live in closets or mansions doesn't even register.
I'm also tempted to respond: If you fear density's effect on fertility, you should oppose the deregulation of skyscrapers, but support the rest of my agenda. But the validity of this rebuttal hinges on the way you measure density. It's not crazy, for example, to define density as "families per acre." Given this definition, maybe natalists should embrace 1-acre zoning for single-family homes. In fact, if you really believe that sheer density is psychologically sterilizing, perhaps you should try to prevent anyone from even seeing a neighboring home.
Ridiculous? Yes, but why? To repeat repeat repeat, because of the effect on housing prices! Even if, holding price constant, 1-acre zoning raises fertility, such regulations drastically raise housing prices, which strongly encourages young adults to keep living with their parents. Which in turn delays marriage and child-bearing, often permanently.
- "Virtually all large U.S. cities are left-wing. Won't housing deregulation push U.S. political opinion to the left?" A dear Austin friend once told me, "It's great to live in a blue city in a red state." My response: "We don't really know what a red city would be like, because they basically don't exist." In the U.S., one-party democracy by Democrats is the urban norm. 18 out of the 20 most-populous U.S. cities have Democratic mayors. And in presidential elections, large metro areas lean strongly Democratic.
Suppose, then, that cities embraced housing deregulation. Construction booms, prices fall, and — since cities have the strictest regulation — the national population urbanizes. Won't the new arrivals assimilate to their new Democratic political culture, moving the entire United States in a leftist direction?
My honest answer is: It's complicated. I can't find a single academic article that even tries to study this effect. (If you know of any, please share in the comments).
What's clear is that a lot of the correlation between location and politics reflects reverse causation. To a large degree, leftists are more likely to live in cities because they like cities. Rightists do the opposite because they feel the opposite. Steve Landsburg won't like the wording of the 2014 survey question below, but it captures a meaningful attitudinal difference.
- Despite these reservations, I suspect that the observed correlation between where you live and what you think about politics is partly causal. Even here, however, the mechanism matters. The default causal story is sheer conformism; or, in social science jargon, "peer effects." Humans crave the approval of nearby humans; imitation is proverbially the sincerest form of flattery; and flattery causes approval. Ergo, being around leftists normally causes you to become more left-wing, and being around rightists normally causes you to become more right-wing.But if conformism is the mechanism of political conversion, mass migration of non-leftists into newly-affordable cities is a double-edged sword. The leftist natives make the migrants more leftist, but the non-leftist migrants simultaneously make the natives less leftist. Net effect on average political orientation: unclear.By analogy, admitting non-Mormons to Brigham Young University probably causally makes them more likely to convert to Mormonism. But if BYU admitted a 50% non-Mormon student body, this would probably also causally turn many Mormons into ex-Mormons. Net effect of the non-Mormon migration on BYU's average religious affiliation: unclear.
One last political point: Partisan Democrats in safely blue states and partisan Republicans in safely red states both have a strong reason to favor housing deregulation: the electoral college. Unless migration actually flips your state's presidential vote, anyone who prioritizes national politics should hope to attract out-of-state migrants from the other party. This is clearest for California: Due to its famously wonderful weather, much cheaper housing would plausibly attract millions of Republicans, swelling California's population and therefore its electoral vote count. If the migrants come from nearby swing states, even better.
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Let me quote Chesterton:
“Don’t tear down an old fence unless you know why it was put up.”
And Carl Rogers:
“Describe your opponent’s position in detail as accurately as you can, to your opponent’s satisfaction.”
What is missing from what I read from you is any awareness of why land use and housing regulations were instituted in the first place. What concerns did they address? And I don’t want to hear about “creeping tyranny” or any conspiracy theories — I want to hear a description that those who are in favor of regulation would be satisfied with.
The truth would not satisfy the current proponents. Zoning came about because of racism and keeping the poors in their place, same as minimum wage laws and occupational licensing.
Zoning for single family dwellings is popular because many people prefer to live in such neighborhood. If I buy into such a neighborhood, you are destroying my property values and quality of life if you allow an apartment or commercial building next door. Explain to me why it is good to lose what I value.
Zoning was invented recently enough (in the 20th century) that we know pretty well why it was put up.
Carl Rogers' idea sounds a bit like the Ideological Turing Test... which Bryan Caplan invented. https://en.wikipedia.org/wiki/Bryan_Caplan#%22The_Ideological_Turing_Test%22
"Whenever you see birth dearths in cramped quarters, the fundamental question to ask is: "Why do these people consume such a small quantity of housing?" Our default answer should definitely be: "Because housing is expensive." "
Good grief. It's not just modern cities that are population sinks. Cities have been population sinks through all of human history. Caplan is just in denial.
And it's not just humans. It's a basic aspect of mammalian biology: At high population densities, we stop reproducing, and even begin culling our own numbers:
Animals Regulate Their Numbers By Own Population Density
"Nov. 22, 2000 -- Zoologists from the University of Toronto have cracked the ecological puzzle of how animals - in this case the arctic ground squirrel - manage to control their own population in the northern boreal forest of Canada.
In a study to be published in the Nov. 23 issue of Nature, the researchers found that when arctic ground squirrel populations reached the maximum limit the environment could support, the females severely reduced reproduction and most died over winter during hibernation, thus controlling the population.
"No population of organisms increases without limit. The central question in population ecology is what regulates their numbers. And the answer often is: the actions of the populations themselves," says Rudy Boonstra, a professor of zoology in the Division of Life Sciences at the University of Toronto at Scarborough and co-author of the paper. "The populations themselves are critical to preventing unlimited growth. There are obviously other processes going on - predators and things like that - but the regulation that occurs in arctic ground squirrels is mainly dictated by the number of fellow squirrels that are around it.""
To be fair, the reason they were sinks in the past (as in, prior to modern sanitation) was because of disease.
ONE of the reasons.
My point is that he's denying basic mammalian population biology. Mammals stop reproducing at high population densities. Even lab rats, given free food and living space and nice clean cages, protected from all disease, do it.
Does anyone know whether Mr. Caplan's children -- in the wake of his suggestion that higher education can be a waste of resources -- have attended, are attending, or will attend college? Low-cost community college, mid-priced state schools, or high-cost private institutions.
Was Mr. Caplan's view that young people should avoid college -- or that other people's children should avoid college?
He homeschooled his kids, then his oldest (who are twins) went to university to get degrees and become economists like him. And, yes, he does say that college is a selfishly good idea for better students, a selfishly bad idea for students that will just accrue debt while failing to get a renumerative degree, and a bad idea for society to foot the bill.
Mr. Caplan,
Rational arguments are fair enough, but can you point to real world examples that are more in line with your preferred low/no regulation regime? If so, do such places realize the benefits you predict? Do they end up trading one set of problems for another set?
Indeed.
.
Here's a relevant quote from Woody Allen's Annie Hall:
"You know, it's one thing about intellectuals, they prove that you can be absolutely brilliant and have no idea what's going on."
"Some ideas are so stupid that only intellectuals believe them.”
― George Orwell
Houston has no zoning and keeps attracting residents. Tokyo has been building lots of housing to the point that rent has been dropping, but Japan now has well below replacement fertility and empty countrysides as people keep moving to Tokyo.
I am broadly opposed to even the most anodyne regulations. Reputation and private certification are the best ways to ensure occupants’ safety. HOAs and nuisance lawsuits are the best ways to handle neighbors’ complaints.
This is classic Caplan stupidity, and if you read the linked article, as I did, it will only confirm that.
Using lawsuits to deal with nuisances is a wonderful idea, per Caplan, precisely because they are expensive and troublesome, and it would be better if everyone just lived with the nuisance.
Everyone, that is, except those who can afford to hire lawyers to deal with it.
Fire prevention is best handled by reputation, private certification, and lawsuits? Don’t worry if the house next door is a firetrap. If it burns, and the fire spreads to your place, you can always sue.
HOA’s? They don’t seem to be well-loved institutions and in the worst case are a bigger PITA than government agencies.
Reputation? Some people care, others don’t, and there is a wide range of reputation the average person is unaware of.
Private certification? What could go wrong? Yes, there are bribe-takers and incompetents working as government inspectors, but so what? Is there evidence, not carefully designed just-so-stories, that shows they are worse than private inspectors, who bring the additional problems of bankruptcy, cutting corners to increase revenues, building reputations (among builders) for a, shall we say, generous approach. Where are the incentives and opportunities for corruption and slipshod work worse?
Caplan and his fellow egomaniacs just like to sit around and make this shit up, and then make up “theoretical” arguments as to why their ideas must be valid.
They seem to have zip confidence in democracy, or markets, broadly speaking, and are just unwilling to accept that current practices – many of them longstanding and widespread – may have arisen for sensible reasons that influenced collective decision-making.
Modern building materials are FAR safer than they were in the past, so the risk of fires spreading is also much lower. Fire departments now spend most of their time on things other than fires. https://marginalrevolution.com/marginalrevolution/2012/07/firefighters-dont-fight-fires.html
So much, i not the vast majority of discussion about property revolves around it’s value and not enough about the intangibles.
Quality of life and lifestyle is just such an intangible. There is a reason I live in a mostly rural, single family home area, and it sure isn’t property values. It’s about peace, quiet, and privacy; things you cannot assign a monetary value to, but are nevertheless priceless.
You could guarantee me my home value would triple tomorrow so long as you could put up a condo next door and I’m still gonna say no.
I bought a lifestyle, not an investment.
You bought a house. You just think you're entitled to things you didn't buy.
To be clear, I would not want to live in an urban environment either, and I don't. But I don't think I have any right to tell my neighbors they can't do what they want with their properties.
Of course, if your and your neighbor's properties are subject to deed restrictions, you absolutely have that right.
The fundamental silliness of Caplan's argument is that he both acknowledges and then ignores the fact that existing residents will use HOAs and deed restrictions to maintain the desired neighborhood characteristics including size, style, type and use of buildings. If government won't limit the types and amount of housing available, then neighborhoods (or rather those that develop them) will.
If building many smaller, cheaper homes made more sense than building fewer larger, expensive homes, then builders would do that. That they don't and tie up the property in covenants which the buyers readily accept says all you really need to know about Caplan's magic wand.
He discusses why he distinguishes HOAs from local governments here: https://www.betonit.ai/p/unanimity-forever
Why do you (and other apologists for zoning) keep bait-and-switching to contractual agreements whenever zoning is criticized for being authoritarian?
It is not a bait and switch. I'm pointing out that he's assuming away deed restrictions for purposes of his counterfactual.
Deed restrictions provide greater restraints on building than zoning does. Tell communities that they have to relax their zoning to allow multifamily/smaller homes in traditional suburban neighborhoods, the neighborhoods will institute deed restrictions if they don't already have them, which most do. Thus, eliminating single family zoning is not the panacea that he claims.
There are plenty of ways you can tie things up when a community is opposed to having this forced upon them. You can vote against the extension, or in a rural area the creation in the first place, of a public water and sewage system. You can't really build high density housing with wells and septic systems, for example.
Regarding questioning supporting building housing because it might lead to more populous urban areas and hence more support for Democrats,
I couldn’t help but notice that Professor Kaplan defended against this accusation on its own terms, arguing that increasing the urban population wouldn’t necessarily increase the number of Democratic voters because Republicans might move in.
It’s worth noticing that he didn’t make any attempt to argue that politicians should sometimes consider the good of the country and not exclusively their personal interst in holding on to power for themselves and their party.
How long until we have a dictator? Republican forms of government don’t tend to last very long in environments where political decision-making is motivated primarily by power acquisition and retention. Such forms of government simply go too much against interest for people with such motivation to be able to sustain them. Given current motivations, it’s almost inevitable that our present form of government will be replaced by one more amenable to partisan power acquisition and retention. A republican form of government is only sustainable when the political class is more interested in maintaining it than in maintaining their own power. Otherwise it’s not long for this earth.
Should all decisions be based solely
"I'm striving for a broad consensus, and celebrate any deregulation I can get. My aspirational agenda, however, is full laissez-faire."
So ......... Anarchy is a good thing if done well ?
Libertarians, and in all other cases of political divisions, want the rules cemented into rigid and unchanging forces of compliance. It's an acceptable practice of historical note for those willing to fight to the death for.
Going back many thousands of years the solution was to branch off and start somewhere else if one didn't like where they were. Population pressures can not be solved by less government anymore than by more government. Willingness to endure conditions ends with bloodshed, slavery, or going elsewhere if there's somewhere empty enough to go to.
Humans will choose their place of residing, if they can, to where they are comfortable in living. With the density in people creating the density of everything humans require and dispose of, those denser areas will be the ones that tax the overall health of the whole. Currently, people not belonging in high density areas are very likely trapped and contribute to the unhealthiness of those areas.
Are high density areas filled with happy and willing souls ? And, will not these ( devious ) schemes for even more dense areas create evermore dense problems ? with their evermore one-size-fits-all political solutions ? which will increase illness, strife, and so on ?
He is explicitly an anarcho-capitalist.
"A mind is a terrible thing to waste."
The authors tell us everything about their reforms except the reason they don't happen: local "self-determination" (scare quotes intended). To put it simply, every urban planning agency in the US is run by and for people who already own homes in its jurisdiction, so naturally they vote to keep the prices of their own homes as high as possible, and screw everyone else.
I don't think this outrageous conflict of interest can ever change, short of constitutional change. Please, somebody, prove me wrong!