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The protection of private property: the government as a free-rider

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Abstract

This paper develops a positive theory of government that explains the cross country differences in the relative importance of publicly and privately provided protection of property. The theory focuses on the decision of the government to free-ride or not to free-ride on privately provided security. If the government chooses to free-ride on privately provided security then it shirks from the provision of a nonexcludable public good: the deterrence of stealing. The theory implies that governments are more likely to free-ride on privately provided security the less efficient is stealing in capturing private property, the less efficient is the tax system, and the more efficient is stealing in capturing government property.

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Notes

  1. See the canonical analyses of Musgrave (1986) and Atkinson and Stiglitz (1980).

  2. Even Marx, quoted in Spitzer (1987, p. 43), said that “Security is the supreme social concept of civil society, the concept of the police, the concept that the whole society exists only to guarantee to each of its members the preservation of his person, his rights, and his property.” In fact, the very etymological origin of the word police is linked to the state. Police, as well as politics, comes from the ancient Hellenic “politea”, Latinized as “politia”, that means the condition of the state. See Becker and Becker (1986).

  3. The Economist, 07.15.95,08.10.96.

  4. The national studies contained in Findlay and Zvekic (1993) clearly illustrate the absence of adequate public protection of private property in, among other countries, Indonesia, The Philippines, Tanzania, South Africa and Yugoslavia. Salas (1993) provides a similar account of the importance of privately provided security in Venezuela. Davis (1990) highlights the effects of the lack of adequate public protection of property on the architecture of both rich and poor neighborhoods in contemporaneous Los Angeles.

  5. This work abstracts from discussing the important distinction between corruption and corruptibility as in Miller (2006). In his words (page 371): “[The] problem of corruption is not so much the morally corrupt few as the behaviorally corruptible many”.

  6. Shoup (1964, 1969) studies the optimal distribution of publicly provided security among subgroups of the population according to different welfare criteria but abstracts from modeling privately provided security. Becker (1968) poses the normative question of “how many resources and how much punishment should be used to enforce different kinds of legislation?”. However, his analysis, and similar subsequent work (Landes and Posner 1975; Clotfelter 1978), was developed in a partial equilibrium framework that abstracts from the positive behavior of government. Grossman (2002) and Konrad and Skaperdas (2012) develop general equilibrium models of the government’s decision to allocate resources to public security, but their theories focus on the demand for security as a rationale for having a state and do not address the cross-country variation in private and public security.

  7. The government’s net income can be understood as its political rent and we can imagine that the government spends it on the consumption of a ruling class that controls it. The government’s maximization of its net income is the analog of a firm’s maximization of its profits. As Grossman (2000) points out, such government behavior does not warrant the use of pejorative terms such as “predatory” or “big robber”, since these pejorative terms are not “usually applied to profit-maximizing private enterprises”.

  8. The strategic advantage of making a centralized choice to security was clearly recognized by Sir Robert Peel, Prime Minister of England between 1822–1827 and 1828–1830, and creator of the first London Metropolitan Police in 1829. “Like others who had examined the problem, Peel was convinced that it was above all the multiplicity of bodies concerned with the policing of the metropolis that was the great weakness. John Wade, a lawyer and journalist, referred to the ‘want of agreement and consistency in the general principles of watching and patrolling’\(\ldots \)Peel’s solution was to create a single Metropolitan Police District\(\ldots \)Within this area all the parish watches and the forces provided by the various bodies of commissioners and so forth were swept away, the whole are paying rates to the Metropolitan Police and being protected by them” (Tobias 1979).

  9. Becker and Stigler (1974), followed most notably by Friedman (1984), proposed the privatization of law enforcement because the public provision of law enforcement “has perverse incentives”. My analysis differs fundamentally from theirs because my model emphasizes the strategic advantage of allocating resources to publicly provided security. Of course, it is theoretically possible, and not inconsistent with the present paper, that the decision to allocate resources to security is made by the government, but that the actual provision is private.

  10. My formulation assumes that, in line with the empirical evidence summarized in Eden and McMillian (1991), the household’s consumption of security is rival. Of course, this does not imply, as shown below, that publicly provided security does not have an strategic advantage over privately provided security. My formulation also assumes that privately provided and publicly provided security are equally efficient in the protection of private property. More generally, we could write the level of security of the representative household as \((1-\eta )f+\eta H\), where \(\eta \) is a parameter that lies between zero and one and captures the efficiency of publicly provided security relative to privately provided security. The implications of having less efficient public security, in the present model, would be the same as having a less efficient tax system.

  11. Equations (3) and (4) abstract from externalities in privately provided security or in stealing. In general, it is possible that a particular household might be more likely to be robbed the more security other households have. Similarly, a particular household, acting as a thief, might be less effective in stealing the more other households are engaged in stealing. Equations (3) and (4) can be easily generalized such that \(p\) and \(q\) also depend on the levels of private security and stealing of the representative household relative to the average levels of private security and stealing of other households.

  12. Grossman and Noh (1994) model how the dynamic consistency constraint affects the government’s allocation of resources to a productive government service. By assuming that the survival probability of the government is not affected by its policies, the analysis also abstracts from modeling the political constraints faced by the government.

  13. Conditions (6) and (7) and Eqs. (19)–(21) imply that, if \(H=H^{\bullet }\), then \(F=0\) because \(\partial U/\partial f<0\) at \(f=F=0\) obtains. In other words, if the government does not free-ride, publicly provided security will be sufficiently large such that households will not supplement it with privately provided security. To confirm this result observe that solving condition (6) as an equality the resources allocated to stealing of market output are \(R=P^{\bullet } (1-P^{\bullet }) (\alpha /2 \gamma )Y^{\bullet }\). Then, conditions (6) and (7) together imply that \(\partial U/\partial f<0\) at \(f=0\) and \(H=H^{\bullet }\) if and only if \(H^{\bullet } > R\) which is trivially satisfied given that \(P^{\bullet }=\sqrt{(1-c)/\theta }\) and \(H^{\bullet } = (1-c) \alpha Y / (2 \gamma )\) from Eq. (19).

  14. To derive this result observe that by first solving condition (25) as an equality, and then picking the root of \(\theta \) that conforms to the assumption that \(\theta >1-c\), condition (25) can be rewritten as,

    $$\begin{aligned} \theta \le \frac{1+c+2\sqrt{c}}{1-c}. \end{aligned}$$
    (26)
  15. Webb tells us that “[until] the mid-twentieth century\(\ldots \)[t]axes were politically and simple to collect at customs (or the Central Bank) and from a small number of large taxpayers”. He then signals “the increasing importance of hard-to-tax small-scale and informal modes of production” as a direct cause of higher collection costs. De Soto (1989), among others, underlines that the emergence of informal modes of production in urban Peru since the 1950s is closely related to increasing fractionalization of the cities. According to De Soto, this increasing fractionalization is explained by large scale migration from the countryside.

  16. From condition (25) and “Appendix 1\(\hat{\theta }= (1 + c + 2 \sqrt{c}) / (1-c) \). To the left of \(\hat{\theta },\) \(1-P=\theta /(1+\theta ).\) To the right of \(\hat{\theta },\) \(1-P=1-\sqrt{(1-c)/\theta }.\)

  17. Furthermore, even abstracting from cross-country differences in \(A,\) depending on the relative magnitude of the parameters \(\theta \) and \(c\), one country can have a higher level of market output than another country and yet only allocate resources to security privately. Consider, for example, two hypothetical countries, 1 and 2, such that \(A_1=A_2,\) \(c_1=c_2=1/4,\) \(\theta _1=3/4,\) and \(\theta _2=5/4.\) According to condition (25) the government of country 1 free-rides while the government of country 2 does not, but yet, according to Eqs. (17) and (22), \(Y_1>Y_2\). Notice that this result would be even stronger if we were to allow \(\gamma \), the marginal return from home production, to vary across countries.

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Authors and Affiliations

Authors

Corresponding author

Correspondence to Juan Mendoza.

Additional information

I have received helpful comments from the editor, two anonymous referees, Isaac Ehrlich, Pravin Krishna, Enrico Spolaore, and seminar participants at Brown, Bilbao, Alicante, Pontificia Universidad Javeriana, and the Shadow 2013 Conference in Munster.

Appendices

Appendix 1: Total deterrence is not an equilibrium

Assuming that \(\theta \le 1-c,\) if the government does not free-ride then, from Eqs. (9) and (10) together, \(Z\) is maximized with

$$\begin{aligned} \frac{\partial Z}{\partial H} >0, \ \ \ \ \ \text{ and } \ \ \ \ \ H = (F+H)^*=\frac{\theta (1-\tau )Y}{\gamma }, \end{aligned}$$
(29a)

and,

$$\begin{aligned} \frac{\partial Z}{\partial \tau }=(1-c) \left( \tau \frac{\partial Y}{\partial \tau } + Y\right) - \gamma \frac{\partial H}{\partial \tau }=0, \end{aligned}$$
(29b)

where, from Eq. (9) and \(H=(F+H)^*=\theta (1-\tau )Y/\gamma \),

$$\begin{aligned} \frac{\partial Y}{\partial \tau }= \frac{\alpha }{1-\alpha }\ \frac{Y}{1-\tau }, \ \ \ \ \ \text{ and } \ \ \ \ \ \frac{\partial H}{\partial \tau }=-\theta Y/\gamma . \end{aligned}$$

Conditions (29a) and (29b) imply that, if \(\theta <1-c\),

$$\begin{aligned} H^{\bullet \bullet }= \theta \ \frac{\alpha }{2 \gamma } \ Y^{\bullet \bullet }. \end{aligned}$$
(30)

and,

$$\begin{aligned} \tau ^{\bullet \bullet } = \frac{(1-\alpha )(1-c) + \theta }{1-c+\theta }, \end{aligned}$$
(31)

where, given \(\theta \le 1-c,\) the level of market output if the government does not free-ride is

$$\begin{aligned} Y^{\bullet \bullet }= \left[ \frac{A \alpha (1-\tau ^{\bullet \bullet }) P^{\bullet \bullet } }{\gamma } \right] ^\frac{\alpha }{1-\alpha }= \left[ \frac{A \alpha ^2}{\gamma } \frac{1}{1+\theta /(1-c)} \right] ^\frac{\alpha }{1-\alpha }. \end{aligned}$$
(32)

Equations (10), (30) and (31) imply that, given \(\theta <1-c,\) if the government does not free-ride, then it would choose \(H\) large enough to deter the stealing of market output. Hence, \(P^{\bullet \bullet }=1.\)

Substituting Eqs. (30), (31) and (32) and \(P^{\bullet \bullet }=1\) into Eq. (11), the government’s net income if \(\theta \le 1-c\) and the government does not free-ride is given by

$$\begin{aligned} Z^{\bullet \bullet }=(1-\alpha ) \ (1-c) \ Y^{\bullet \bullet }. \end{aligned}$$
(33)

Given \(\theta \le 1-c ,\) Eqs. (16) and (33) imply that \(Z^o \ge Z^{\bullet \bullet }\) as \(Y^o \ge Y^{\bullet \bullet }.\) In turn, Eqs. (15) and (32) imply that \(Y^o \ge Y^{\bullet \bullet }\) obtains and the government chooses to free-ride if

$$\begin{aligned} (1-\tau ^o) P^o \ge (1-\tau ^{\bullet \bullet }) P^{\bullet \bullet }, \end{aligned}$$

which implies from Eqs. (12), (14), (31) and \(P^{\bullet \bullet }=1\) that the government chooses to free-ride if

$$\begin{aligned} \frac{1}{1+\theta } \ge \frac{1}{1+\theta /(1-c)}, \end{aligned}$$
(34)

which is always satisfied for \(\theta \le 1-c.\)

Condition (34) will be satisfied as an inequality for any positive level of collection costs, \(c>0.\) In the absence of collection costs, \(c=0,\) condition (34) will be satisfied as an equality and the government’s net income would be the same whether it free-rides or not. Since free-riding is a passive activity I assume that if condition (34) holds as an equality then the government would free-ride.

Appendix 2: Stealing of government revenue

The representative household maximizes its net income, as given by Eq. \((1^*)\), by choosing its time allocation to its seven possible activities, subject to \(y=Al^\alpha \) Eqs. (3), (4), (27) and (28), taking \(\tau \), \(w\), \(Y\), \(R\), \(S\), \(F\), \(H\), and \(G\) as given. In addition to conditions (5) to (8), the first-order Kuhn-Tucker conditions of this problem are

$$\begin{aligned} \frac{\partial U}{\partial s}= (1-c) \tau y \frac{\partial \hat{q}}{\partial s} -\gamma \le 0, \;\;\;\;\;\; s \ge 0, \;\;\;\;\;\; \frac{\partial U}{\partial s} s = 0; \end{aligned}$$
(35)

and,

$$\begin{aligned} \frac{\partial U}{\partial g}= w - \gamma \le 0, \;\;\;\;\;\; g \ge 0, \;\;\;\;\;\; \frac{\partial U}{\partial g} g = 0, \end{aligned}$$
(36)

where, from Eq. (28),

$$\begin{aligned} \frac{\partial \hat{q}}{\partial s} = \frac{\phi G}{(G+\phi s)^2}. \end{aligned}$$

In a symmetric equilibrium in pure strategies in which every household behaves identically: \(l=L\), \(y=Y\), \(r=R\), \(s=S\), \(f=F\), \(h=H\), \(g=G\), \(p=1-q=P\) and \(\hat{P}=1-\hat{q}\).

Assuming, as before, that \(\gamma \) is high enough such that non-negativity constraint on home production does not bind, condition (36) implies that the household supply of publicly paid guards for the protection of the government’s tax revenue is perfectly elastic at \(w=\gamma \). The household’s choice of \(l\) and \(r\) are still represented by Eqs. (9) and (10). In addition, the household’s choices of \(s\) from condition (35) implies that the equilibrium value of \(\hat{P}\), the fraction of tax revenue not lost to stealing, as a function of \(G\), the resources allocated to protect tax revenue, is given by

$$\begin{aligned} \hat{P}= \left\{ \begin{array}{ll} \displaystyle \sqrt{ \frac{\gamma G}{ \phi (1-c) \tau Y }} &{} \text{ if }\; G < G^*,\\ 1 &{} \text{ if }\; G \ge G^*. \end{array} \right. \;\;\;\;\;\; \text{ where } \;\;\;\;\;\; G^*=\frac{\phi (1-c) \tau }{\gamma } Y. \end{aligned}$$
(37)

The number \(G^*\) is the level of security of tax revenue that deters stealing of tax revenue and is defined such that \(G \ge G^*\) results in \(S=0\) because \(\partial U/\partial s<0\) from condition (35).

The government maximizes its net income, as given by Eq. \((2^*)\), by making irreversible choices of \(\tau ,\) \(H\) and \(G\) subject to Eqs. (5) to (10) and (35) to (37).

Solving the government’s problem using Eq. (37) we find that the government chooses

$$\begin{aligned} G= min \left\{ \ \phi , \ \frac{1}{4 \phi } \ \right\} \ \frac{1-c}{\gamma } \ \tau Y, \end{aligned}$$
(38)

and, substituting Eq. (38) into Eq. (37), that the equilibrium fraction of tax revenue net of collection costs retained by the government after losses to theft is

$$\begin{aligned} \hat{P}= min \{\ 1 , \ 1/2\phi \ \}. \end{aligned}$$
(39)

Equations (38) and (39) together imply that if the efficiency of stealing in capturing government property is low, in particular if \(\phi \le 1/2,\) then the government chooses \(G=G^*\) such that stealing of government revenue is deterred, \(\hat{P}=1.\) But, if the efficiency of stealing in capturing government property is high, \(\phi > 1/2\), then \(G < G^*\) and the government loses the fraction \(1/2\phi \) of its tax revenue to stealing, \(\hat{P}=1/2\phi .\)

Equation (38) also tells us that the ratio of resources allocated by the government to protect its own tax revenue to its tax revenue, \( \gamma G/ (1-c) \tau Y,\) is only a function of \(\phi ,\) the efficiency of stealing in capturing government property, and independent of the tax rate and whether the government chooses to free-ride or not to free-ride on privately provided security.

Substituting Eqs. (38) and (39) into Eq. \((2^*)\), the government’s problem after taking into account the choice of \(G,\) is given by

$$\begin{aligned} \max _{\tau , H} Z= (1-c) B(\phi ) \tau Y - \gamma H. \end{aligned}$$
(11*)

subject to (5) to (10), where

$$\begin{aligned} B(\phi )\equiv 1 - \phi \ \ \ \text{ if } \ \ \ \phi \le 1/2, \ \ \ \text{ and } \ \ \ B(\phi ) \equiv 1/4\phi \ \ \ \text{ if } \ \ \ \phi > 1/2. \end{aligned}$$

Given that the ratio \(\gamma G/(1-c) \tau Y\) does not depend on whether the government chooses to free-ride or not, Eqs. (12) to (25) still describe the equilibrium except that \((1-c) B(\phi )\) appears now in place of \(1-c.\) Since \(B^{\prime }(\phi ) < 0,\) the effects of \(c\) and \(\phi \) on the government’s decision to free-ride or not to free-ride are isomorphic.

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Mendoza, J. The protection of private property: the government as a free-rider. Econ Gov 16, 179–205 (2015). https://doi.org/10.1007/s10101-015-0157-x

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