One of the incessant tropes of the draw-by-crayon libertarians is that doing harm to the public is simply bad business.

To quote the Bard of Baltimore, this ,”Is an answer that is clear, simple, and wrong.”

It tuens out that there are many ways in which a business can profit from doing harm, and streets strewn with haphazardly parked scooters is the least of it:

Arlie Russell Hochschild’s Strangers In Their Own Land profiles residents of deeply conservative parts of Louisiana, pondering why they are so opposed to government environmental regulations even as they suffer from environmental catastrophes that stricter regulations could have prevented. I don’t wish here to dive into the many reasons why that is. Instead, I’d like to look at one popular belief that pops up in the book that is very easy to believe but also very wrong. When Hochschild talks to people about the 2010 BP Deepwater Horizon oil spill, she discovers that they are all strongly opposed to Barack Obama’s temporary moratorium on deep sea drilling, even though they were also appalled by the spill. One of the interviewees says the following:

“It’s not in the company’s own interest to have a spill or an accident. They try hard… so if there’s a spill, it’s probably the best the company could do.”

 I think it’s easy to see why people believe this. There’s actually a persuasive-sounding logic to it. Many libertarian economists believe it entirely. The argument, expanded a bit, goes: The fact that corporations pursue their own financial self-interest means that regulation is not needed. A company that causes disasters is certainly not helping its own profits. BP didn’t want to spill all that oil in the Gulf, obviously. BP has every incentive to avoid oil spills, because they want to keep the oil! Accidents happen, no company is perfect, but ultimately profits and safety coincide. A corporate executive who bungles like this is not actually pursuing the self-interest of the company, and so when corporations produce environmental catastrophes it is not because they are pathologically self-interested, but rather because they were not pursuing their self-interest well enough. Greed is still good.

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It’s true that accidents themselves are not in a company’s self-interest, in that no company gains anything from a horrible accident that destroys their equipment (and possibly their employees’ lives, though from a company’s perspective employees are fungible). But “the behavior that produces accidents” can absolutely be in a company’s self-interest, and accidents don’t always sufficiently damage a company’s self-interest to make it worthwhile to avoid them. Eating the cost of a few accidents here and there might end up being more profitable than extreme precaution.

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A Friedmanite, i.e. sociopathic, company only has incentives not to hurt people to the extent that there are strong external institutions, in the form of government, media, consumer groups, and labor groups, that can create those incentives. If hurting people doesn’t cost money, then it isn’t in the interest of companies to avoid cheap, risky practices. The “expected return” on a dangerously risky move might be high enough that it is “economically rational” (not to be confused with being “actually rational”).

It’s also important to remember that just because a gamble doesn’t pay off, doesn’t mean it was the wrong move. Even if there are strong coercive external institutions that punish toxic cloud emission, and mean that if you emit the toxic cloud your company will be severely hurt, a company might still take the gamble on Method A, because the potential rewards are so high. If there’s a 99/100 chance that by pressing a given button you get a billion dollars, and a 1/100 chance that you’ll be instantly killed, “self interest” doesn’t necessarily dictate that you’ll stay away from the button. It depends on whether you’re feeling lucky. The 2008 financial crisis was like this. People made piles and piles of money of risky investments, until they didn’t. They weren’t necessarily “failing to pursue their own interest” just because they took risks. For many of them, it was probably a smart move that turned out well. Every company takes risks. What if playing dice with people’s lives actually turns out to be good for BP, on the whole? It might go wrong once or twice, but what if overall they make out pretty well from putting quantity of oil over safety, because the oil makes up for the accident costs? Then what?

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BP certainly wants to convince the ordinary Louisianans that Hochschild talked to that the company is a partner and friend. Why would we want to hurt you? We’re all in this together! We’re bringing you jobs. We’re cleaning up the spill, and we certainly don’t want another. Don’t believe them. Milton Friedman was quite clear: All they want is money, and if they can convince people that “big government” is bad and regulation is unnecessary, then environmental destruction is costless. (The companies tearing down the Amazon rainforests, and displacing native populations, are behaving precisely as Friedman would have wanted.) Doing harm is only bad for business if we make it bad for business.

I am beginning to think that if corporations are legal people, then most of them need to be committed to a hospital for the criminally insane.