EH.Net Review of Wright, The Poverty of Slavery

28 05 2018

Robert E. Wright, The Poverty of Slavery: How Unfree Labor Pollutes the Economy. New York: Palgrave Macmillan, 2017. vii + 302 pp. $45 (paperback), ISBN: 978-3-319-48967-4.

Reviewed for EH.Net by Vincent Geloso, Department of Economics, Bates College.
There are three analytical traditions regarding the consequences of slavery on the broader economy. These traditions are best illustrated in the context of the debates regarding slavery in the United States. The first is best labelled as the “cliometric” tradition initiated by Robert Fogel and Stanley Engerman. It is not the results of this group which define it but its resolute adhesion to methodological individualism as a scientific philosophy. This is what sets it apart from the second tradition whose modern representatives, Sven Beckert and Edward Baptist, play the role of antiheroes to Fogel and Engerman (the term “antiheroes” is selected to divulge the present writer’s biases and priors). They adhere to a more holistic approach where the analysis begins at the level of collectivities and then moves down to the individual. Unlike the “cliometric” group, this latter tradition is more unified in its core conclusions — that slavery established political and economic structures which still last to this day. While there are overlaps between both traditions, the third tradition overlaps both. This tradition, relying nearly universally on methodological individualism, emphasizes a broad political economy approach to the topic arguing that slavery is a form of rent-seeking which can spill over into spheres of societies in ways that impose long-term costs in excess of the private returns. This tradition is less unified than the other two.[1] In The Poverty of Slavery, Robert Wright synthesizes and expands on many key points of this tradition.

In fact, Wright’s greatest service to this underappreciated tradition is to simplify a complex body of ideas into a simple sentence: slavery is pollution. If pollution is the form that externalities take when they divorce social cost from private, then slavery was pollution. It polluted other social, economic and political institutions.

Consider the case of the infamous slave patrols in antebellum America. Slaveowners need to police their slaves who might run away if the option presents itself. Policing slaves is not inexpensive and the costs reduce the returns from owning said slaves. As such, the cost of policing is a deterrent to slavery, which is why thinkers as far back as Adam Smith considered that slaves would unavoidably be less efficient than free workers. However, slaveowners have large concentrated interests, which is in itself a strong incentive for them to organize. If they organize successfully, they can convince the state to spread the cost of policing onto the broader population. If the population that bears the cost is sufficiently large, the costly policy may be small enough on a per capita basis for those burdened to not care or not even know. Yet, slave patrols entailed a large social cost. Economic historian Jeffrey R. Hummel (2012: 123) places the annual subsidy (because that is what it was) at $4.5 million in 1850 which was a little more than fifty cents per capita (including slaves – closer to $1 per person when slaves excluded) in the U.S. South – about 0.3% of annual per capita income. And this does not include the deadweight loss of reallocating workers to tracking down slaves. For such a “small” (for lack of a better term) policy, these are heavy costs. They are also an illustration of slavery as pollution – the slaveowners polluted other institutions by co-opting them to their bidding.

Wright provides a very long list (especially in chapters 6 and 7) of channels through which this pollution materializes (beyond scarring the lives of slaves and coerced workers in many direct and indirect ways). All of these amount to the same core point, those who reap the private benefits of slavery are content with their gains even though they come at a larger social cost and they will work to find ways to drive a wider wedge between the two by shifting costs onto other parties. Hence, slavery as pollution.

Wright argues (in chapter 2) that we ought not to use his synthesis only for the purposes of analyzing slavery. Rather, it should extend to analyzing “unfree labor” on a spectrum going from “free labor” on one end to “chattel slavery” on the other end. Indeed, Wright correctly points out that there were many instances of unfree labor markets that were not as extreme as slavery but which polluted institutions in ways that hindered economic development. As relevant illustrations, one can think of the work of Melissa Dell (2010) on the mita system in colonial Peru, Sheilagh Ogilvie (2011) on feudal systems in Central Europe and Marlous van Waijenburg (2018) on the corvée system of forced labor in French colonial Africa. Wright’s synthesis provides tools to analyze the wider economic costs imposed by less extreme forms of labor coercion.

However, Wright needs to pay more attention to the role of ideas. He only spends two pages on “public perceptions.” Yet, slaveowners not only rent-seek through convincing legislators to support their interest, they also rent-seek by shaping narratives as Grynaviski and Munger (2017) point out. One ought to remember that, in the early days of the American Republic, slavery was seen as a necessary evil which would have, eventually, to be eradicated. However, this view gradually changed to one where slaves were considered lesser human beings which were not responsible enough to be free. This became the leitmotiv not only of slaveowners but also of non-slaveholding southerners. As slaveowners had the ability to shape laws, they had the ability to set the parameters of any discussion and, as such, possessed a strong advantage in imposing their preferred explanation and propositions. In a way, they increased the costs of holding an egalitarian ideology in ways which still persisted into the Reconstruction, Jim Crow and contemporary eras. This form of “intellectual” pollution was caused by unfree institutions.

Given the enormity of the stack of articles and books to be read on the topic of slavery in antebellum America alone, adding an additional volume on the pile appears futile, since it will most likely be ignored. It is likely that Robert Wright’s The Poverty of Slavery will not be an exception to this rule. This is unfortunate. Wright’s book ought to be considered as the synthesis of an underappreciated analytical tradition regarding the broader economic consequences of slavery.

Note:

1. I would place Thomas Sowell (1981) in this tradition alongside Gordon Tullock (1967) and Grynaviski and Munger (2014; 2017). Jeffrey R. Hummel also places the eighteenth-century French physiocrat Anne-Robert Jacques Turgot, the early nineteenth century French economist Jean-Baptiste Say and British political philosopher John Stuart Mill into this tradition (2012: 4-6).

References:

Dell, Melissa. \”The Persistent Effects of Peru\’s Mining Mita.\” Econometrica 78, 6, 2010, pp. 1863-1903.

Grynaviski, Jeffrey D., and Michael Munger. \”Did Southerners Favor Slavery? Inferences from an Analysis of Prices in New Orleans, 1805–1860.\” Public Choice 159, 3-4, 2014, pp. 341-361.

Grynaviski, Jeffrey D., and Michael C. Munger. \”Reconstructing Racism: Transforming Racial Hierarchy from ‘Necessary Evil’ into ‘Positive Good’.\” Social Philosophy and Policy 34, 1, 2017, pp. 144-163.

Hummel, Jeffrey Rogers. Deadweight Loss and the American Civil War: The Political Economy of Slavery. Ph.D. dissertation, University of Texas at Austin, 2001 [2012].

Ogilvie, Sheilagh. Institutions and European Trade: Merchant Guilds, 1000–1800. Cambridge University Press, 2011.

Sowell, Thomas. Markets and Minorities. New York: Basic Books, 1981.

Tullock, Gordon. \”The Economics of Slavery,\” Left and Right, 3, 2, Spring-Summer 1967, pp. 5-16.

van Waijenburg, Marlous. \”Financing the African Colonial State: The Revenue Imperative and Forced Labor,\” Journal of Economic History 78, 1, 2018, pp. 40-80.
Vincent Geloso is the author of Rethinking Canadian Economic Growth and Development since 1900: The Quebec Case (Palgrave Macmillan, 2017).

Copyright (c) 2018 by EH.Net. All rights reserved. This work may be copied for non-profit educational uses if proper credit is given to the author and the list. For other permission, please contact the EH.Net Administrator (administrator@eh.net). Published by EH.Net (May 2018). All EH.Net reviews are archived at http://www.eh.net/BookReview.





CfP: Commercial Surveillance

25 05 2018

Steph's avatarOrganizational History Network

Seeing Like a Capitalist:

Histories of Commercial Surveillance in America

 A Conference at the Hagley Museum and Library

Wilmington, Delaware, November 8-9, 2018

The history of surveillance is often associated with the history of the state. However, commercial organizations in the United States – from insurance companies to audience rating firms and database marketers, to corporate personnel and auditing departments – also exercise power over citizens through systems of identification, classification, and monitoring.  The history of commercial surveillance thus intersects with key issues concerning the history of privacy, information, social sorting and discrimination, and technologies of discipline and control.

For a conference sponsored by the Center for the History of Business, Technology, and Society on November 8-9, 2018, we invite proposals that explore the history of commercial surveillance in the United States, from settlement to the present. These (non-state) surveillance activities might be found in a variety of business…

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Berle X: Berle and His World

11 05 2018

585x255_berle

I’m sharing the program of the Berle X conference, which will be held next week at the Adolf A. Berle, Jr. Center on Corporations, Law & Society in Seattle. Needless to say, I am very excited to be presenting along such distinguished scholars.

 

Berle X: Berle and His World

 

May 17-18, 2018

 

MAY 17 and 18, 2018 at Seattle University School of Law

BERLE X: DAY ONE

Thursday, May 17, 2018

7:30 am
Continental Breakfast

8:10 am
Welcome
Chuck O’Kelley, Director, Adolf A. Berle, Jr. Center on Corporations, Law & Society
SESSION A

8:15 am
Keynote Address
The Honorable Leo E. Strine, Chief Justice, Supreme Court of Delaware

9:15 am
Bernard Beaudreau, Professor of Economics, Laval University
Technological and Institutional Crossroads: The Life and Times of Adolph A. Berle Jr.

10:15 am
Break

SESSION B

10:30 am
Mark Hendrickson, Associate Professor of History, University of California, San Diego
“In time of stress, a civilization pauses to take stock of itself:” Adolph A. Berle from the New Era to the New Deal

11:30 am
Jessica Wang, Associate Professor of U.S. History, University of British Columbia
Looking Forward in a Failing World: Adolf A. Berle in the Interwar Years
12:30 pm
Lunch

SESSION C

1:30 pm
Eric Hilt, Professor of Economics, Wellesley College

Berle’s “New Concept of the Corporation” in Historical Perspective

2:30 pm
Brian Cheffins, Professor of Law, University of Cambridge
The Rise and Fall (?) of the Berle-Means Corporation

3:30 pm
Break


SESSION D

3:45 pm
Frank Partnoy, George E. Barrett Professor of Law and Finance, University of San Diego
Everything New is Old Again: Berle and Corporate Finance

4:45 pm
Chuck O’Kelley, Professor of Law, Seattle University
From Madonna to Caesar: The Berle-Dodd Debate in Context

5:45 pm
Conclusion of Day One

6:30 pm
Cocktails followed by dinner at the Rainier Club.  Dinner will be served at 7:30 pm.  Business Casual attire is requested
BERLE X: DAY TWO
Friday, May 18, 2018

7:30 am
Continental Breakfast

SESSION E

8:15 am
Andrew Smith, Senior Lecturer in International Business, University of Liverpool
Jason Russell, Associate Professor of History, Empire State College, SUNY
Kevin Tennent, Lecturer in Management, University of York  
Berle and Means’ The Modern Corporation and Private Property: the Military Roots of a Stakeholder Model of Corporate Governance

9:15 am
Jesse Tarbert, Visiting Assistant Professor of History at Loyola University Maryland
Corporate Lessons for Public Governance: Wall Street Elites and the American State after World War One

10:15 am
Break

SESSION F

10:30 am
Bill Bratton, Nicholas F. Gallicchio Professsor of Law, University of Pennsylvania
Gardiner Means and The Modern Corporation’s Missing Chapter

11:30 am
Elizabeth Pollman, Loyola Law School, Los Angeles
Quasi Governments and Inchoate Laws: Berle’s Vision of Limits on Corporate Power

12:30 pm
Lunch

SESSION G
1:30 pm
Harwell Wells, Herman Stern Professor of Law, Temple University Beasley School of Law
Berle and the ‘Modern Legal Profession’

2:30 pm
Bob Thompson, Peter P. Weidenbruch, Jr. Professor of Business Law, Georgetown University
Berle: After the Trifecta

3:30 pm
Break

Session H
3:45 pm
Nick Lemann, Joseph Pulitzer II and Edith Pulitzer Moore Professor of Journalism, Columbia University
Berle and the Twentieth Century

4:45 pm
Ewan McGaughey, Lecturer, King’s College, London, and Centre for Business Research, University of Cambridge
Democracy in America at Work: Ending the Enron Economy

5:45 pm
Closing Remarks and Thoughts

 

 

Berle X Symposium Presenters:

Bernard Beaudreau, Laval University
William BrattonUniversity of Pennsylvania Law School
Brian R. CheffinsCambridge University Law School
Mark HendricksonUniversity of California, San Diego
Eric Hilt, Wellesley College
Nicholas LemannColumbia University in the City of New York
Ewan McGaughey, King’s College, London and University of California, Berkeley
WIlliam NovakUniversity of Michigan
Chuck O’KelleySeattle University School of Law
Frank Partnoy, University of San Diego School of Law
Elizabeth Pollman, Loyola Law School, Los Angeles
Jason Russell, Empire State College
Andrew Smith, University of Liverpool
Leo Strine, Chief Justice, Delaware Courts
Jesse Tarbert, Loyola University, Maryland
Kevin Tennent, University of York
Robert B. Thompson, Georgetown University Law School
Jessica Wang, University of British Columbia
Harwell Wells, Temple University Beasley School of Law

 

 





Brad Miller on History and the Comeau Decision

3 05 2018

Prof. Bradley Miller of UBC has published some astute observations about the Canadian Supreme Court’s recent decision in the Comeau case and the court’s approach to the use of historical evidence. I take Miller’s point about the complexity of determining “authorial intent” in a document (the BNA Act) that had many Fathers.  My own view is that in parsing out the meaning of this text, historians and judges should focus on what was likely the intent of the individual who actually decided on the phrasing of the sections– the lawyer Francis Savage Reilly (1825-1883), the man in whose handwriting the various drafts of the BNA Act were composed. (I can offer a coherent explanation for why this individual’s intention should be regarded as the most important in this context, but doing so would involve drawing on philosophy and on the classic works on historical methodology by Von Ranke, Langlois and Seignobos,  and Sir Richard Evans. However, I will leave that taks to another day!).

I would add that while I was disappointed by the outcome of the case, I respect the fact that the Supreme Court took my historical argument very seriously.  Paragraphs 55 to 67 of the decision were basically devoted to unpacking what I had written and said and included direct quotations from my text. Moreover, I think that my testimony did have an impact on the Court’s eventual decision, for the Court did not change the existing interpretation of Section 121 enough to help Mr. Comeau, it did significantly change how this section of the constitution will be interpreted in the future.

Here’s what I mean. In 1921, the Supreme Court said that Section 121 only prohibits interprovincial trade barriers that take the form tariffs/customs duties. The Comeau decision holds that Section 121 was only designed to prohibit laws that whose essential purpose is to restrict interprovincial trade. [I suspect that from now on, governments that pass new laws that restrict interprovincial trade will be careful to avoid declaring their protectionist intentions in public and on the record]. I would say that I, and the lawyers I worked with, did help to “move the needle” a little bit.

It seems to me that Brad and other legal historians should do a study of “comparative originalism” that would investigate how historical information and historical expertise is processed differently by courts in the nations that have constitutional lawyers who advance originalist arguments. These nations include the US, Australia, and India and likely others as well. We know that originalist theory has evolved over the last 40 years in the US and that each variant of originalism privileges different types of primary sources and historical expertise. Balkin’s piece on new-style originalism may interest researchers. It seems to me that Leonid Sirota would be the ideal individual to lead a collaborative project that would compare how originalist jurisprudence in different countries process history.

By the way, some excellent papers on the Comeau decision have appeared online and haven’t been cited as much as they should have. I would like to draw them to the attention of readers.

 

Brett Capstick, “The Supreme Court of Canada’s Re-Examination of Internal Trade: The Case of Beer” (2017) Library of Parliament HillNote

Christian Whalen, “R. v. Comeau and Judicial Activism” (2016) Canadian Bar Association

Malcolm Lavoie, “R. v. Comeau and Section 121 of the Constitution Act, 1867: Freeing the Beer and Fortifying the Economic Union, (2016) Dalhousie Law Journal)

Asher Honickman, “A Marriage Made in Britain: Section 121 and the Division of Powers” (2016) CanliiConects.

 

 





La Cour, c’est qui?

2 05 2018

Leonid Sirota's avatarDouble Aspect

Peter McCormick, University of Lethbridge

The Supreme Court’s recent decision in Comeau has definitely put the judicial cat among the federalist pigeons.  At first glance – we have all seen the headlines – the case is about bringing cases of cheap beer into New Brunswick (“Free the Beer!”).  On a closer look, the already enfeebled Section 121 of the Constitution Act 1867 has been effectively gutted, taking with it any realistic prospect of a major shift toward greater intra-Canadian free trade.  Along the way, the sort of trial judge’s revisiting of precedent that was so highly lauded in Bedford has been severely chastised.  An interesting case, therefore, on several levels.

The decision took the somewhat infrequent form of a “By the Court” judgment – one that is both unanimous and anonymous – which arguably makes it more emphatic while coyly veiling the identity of the judge who did the drafting. …

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Management History Division: Get Involved and VOTE

29 04 2018

Thanks to OHN for publicizing this very important initiative. At the time of this election, it is very important for researchers to speak with one voice.

Dan's avatarOrganizational History Network

In recent years management and organizational history has become an exciting and rapidly changing field, with new ideas and approaches transforming the field and many publication opportunities at leading journals. The AOM’s Management History Division is one of the key institutional foundations for these developments, but the Division needs involvement and support from scholars who are engaged and care about the future of the field. So please get involved. The AOM recently announced the release of the ballot for division elections. If you are already a member of the MH Division, please take time to vote!!! If you are not a member but care about management history, please join the Division, vote now, and join us in Chicago!  The instructions for joining the MH Division can be found here: http://aom.org/FAQs/Membership/How-do-I-change-or-add-an-additional-division-or-interest-group-to-my-profile-.aspx

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CFP: Business History Conference 2019, Cartagena

23 04 2018

The 2019 annual meeting of the Business History Conference will be held in Cartagena de Indias, Colombia, on March 14–16. The theme of the meeting will be “Globalization and De-Globalization: Shifts of Power and Wealth.” The recent phenomena of the spread of populist and economic nationalist regimes throughout North America, Europe, Asia and elsewhere taking positions against the major trading blocks and the free movement of people and goods make the topic of this conference very timely. The conference aims to concentrate on business history research agendas that enable a nuanced understanding of the phenomena of globalization and de-globalization.

The conference theme encourages contributions from a variety of approaches to business history research, covering a broad range of geographies and periods. The program committee of Marcelo Bucheli (co-chair), Andrea Lluch (co-chair), Takafumi KurosawaEspen StorliLaura Sawyer, and Teresa da Silva Lopes (BHC president) invites paper proposals addressing the following topics, but not limited to:

  • the contribution of firms and the entrepreneurs to globalization and de-globalization
  • the role and responsibility of business in shifts of power, wealth and inequality
  • the rise of emerging markets and the globalization of firms from those markets
  • globalization and environmental and social sustainability
  • business and gender during waves of globalization and de-globalization
  • risk management during globalization waves

While we encourage proposals to take up this theme, papers addressing all other topics will receive equal consideration by the program committee in accordance with BHC policy. Proposals may be submitted for individual papers or for entire panels. Each proposal should include a one-page abstract and one-page curriculum vitae (CV) for each participant. Panel proposals should have a cover letter containing a title, a one-paragraph panel description, and suggestions for a chair and commentator, with contact information for the panel organizer. To submit a proposal go to http://www.thebhc.org/2019-bhc-meeting and click on the link Submit a Paper/Panel Proposal.

All sessions will take place at the Hilton Hotel Cartagena. Rooms (all suites) are $169/night single and $189/double occupancy (plus tax) and include a full breakfast. General questions regarding the BHC’s 2019 annual meeting may be sent to conference coordinator Roger Horowitz, rh@udel.edu.

The K. Austin Kerr Prize will be awarded for the best first paper delivered by a new scholar at the annual meeting. A “new scholar” is defined as a doctoral candidate or a Ph. D. whose degree is less than three years old. You must nominate your paper for this prize on the proposal submission page where indicated. Please check the appropriate box if your proposal qualifies for inclusion in the Kerr Prize competition.

The deadline for receipt of all paper and panel proposals is October 1, 2018.

The BHC awards the Herman E. Krooss Prize for the best English-language dissertation in business history by a recent Ph.D. in history, economics, business administration, the history of science and technology, sociology, law, communications, and related fields. To be eligible, dissertations must be completed in the three calendar years immediately prior to the 2019 annual meeting, and may only be submitted once for the Krooss prize. After the Krooss committee has reviewed the proposals, it will ask semi-finalists to submit copies of their dissertations. Finalists will present summaries of their dissertations at a plenary session and will receive a partial subsidy of their travel costs to the meeting. Proposals accepted for the Krooss Prize are not eligible for the Kerr Prize. If you wish to apply for this prize please send a cover letter indicating you are applying for the Krooss prize along with a one-page CV and one-page (300 word) dissertation abstract via email to BHC@Hagley.org. The deadline for proposals for the Krooss prize is 1 October 2018.

The BHC Doctoral Colloquium in Business History will be held in conjunction with the BHC annual meeting. This prestigious workshop, funded by Cambridge University Press, will take place in Cartagena on Wednesday, March 13, and Thursday, March 14. Typically limited to ten students, the colloquium is open to early-stage doctoral candidates pursuing dissertation research within the broad field of business history, from any relevant discipline. Topics (see link for past examples) may range from the early modern era to the present, and explore societies across the globe. Participants work intensively with a distinguished group of BHC-affiliated scholars (including at least two BHC officers), discussing dissertation proposals, relevant literatures and research strategies, and career trajectories. Applications are due by November 1, 2018, via email to BHC@Hagley.org and should include: a statement of interest; CV; preliminary or final dissertation prospectus (10-15 pages); and a letter of support from your dissertation supervisor (or prospective supervisor). Questions about the colloquium should be sent to its director, Edward Balleisen, eballeis@duke.edu. All participants receive a stipend that partially defrays travel costs to the annual meeting.

On the March 14, 2019, there will be a special workshop on ‘Latin American Business in a Global and Historical Perspective’ which will be in the Spanish and Portuguese languages and aims to attract papers by academics who prefer to present their research in their native languages. The deadline for submissions is October 1,  2018. For more details about the workshop and the submission process, contact Joaquin Viloria De la Hoz (Banco de la República / Central Bank of Colombia) at: jvilorde@banrep.gov.co.





Unmaking History

23 04 2018

Leonid Sirota (Auckland University of Technology Law School) has published a great piece on the recent Comeau decision in Canada.

Leonid Sirota's avatarDouble Aspect

When it accepted to pronounce on the constitutionality of non-tariff barriers to inter-provincial trade, the Supreme Court had a chance to make history. In R v Comeau, 2018 SCC 15, the Court chose to unmake it instead. Far from “freeing the beer” and invalidating legislation that prevents bringing booze from one province to another and other regulatory schemes built on provincial protectionism, Comeau countenances even restriction on inter-provincial trade that would previously have been thought flatly unconstitutional. In the process, it tramples over constitutional text and history, as well as logic.

Section 121 of the Constitution Act, 1867 provides that “[a]ll Articles of the Growth, Produce, or Manufacture of any one of the Provinces shall, from and after the Union, be admitted free into each of the other Provinces.” But free of what exactly? Of any and all regulation, or of just some particular kinds? In Gold Seal…

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Hot Takes on the Comeau Case

19 04 2018

The Supreme Court of Canada today published its ruling in the case of Her Majesty the Queen v. Gerard Comeau. For press coverage, please see here, here, and here. I was the historical expert witness at the 2015 court case that was the subject of the appeal decided today.  Here is my initial reaction (keep in mind I am a non-lawyer).

Although Mr. Comeau lost, the court accepted much of my historical interpretation (see paragraphs 55 to 66 of their decision). In paragraph 67, the Court expands the meaning of section 121, perhaps not as much as the lawyers I was working with might have wanted, but certainly enough to prohibit all interprovincial trade barriers that are protectionist in intent.

 

In paragraph 67, the Court wrote:

We conclude that the historical context supports the view that, at a minimum, s. 121 prohibits the imposition of charges on goods crossing provincial boundaries — tariffs and tariff-like measures. At the same time, the historical evidence nowhere suggests that provinces, for example, would lose their power to legislate under s. 92  of the Constitution Act, 1867  for the benefit of their constituents even if that might have impacts on interprovincial trade. The historical evidence, at best, provides only limited support for the view that “admitted free” in s. 121  was meant as an absolute guarantee of trade free of all barriers.

In paragraph 106, the Court wrote:

We conclude that a purposive approach to s. 121  leads to the following conclusion: s. 121 prohibits laws that in essence and purpose restrict trade across provincial boundaries. Laws that only have the incidental effect of restricting trade across provincial boundaries because they are part of broader schemes not aimed at impeding trade do not offend s. 121  because the purpose of such laws is to support the relevant scheme, not to restrict interprovincial trade.

It seems to me that this interpretation of s.121 is very similar to the High Court of Australia’s ruling in the 1988 case of Cole v. Whitfield, which revolved around the interpretation of Section 92 of the Australian constitution, which provides for free trade between Australia’s states. (For a comparison of these parts of the Canadian and Australian constitutions, see here). That case involved a fisherman who broke a state environmental law when he imported crabs from another Australian state. The crabs in question were of legal size in the originating state but illegal in size in his home state. The fisherman’s lawyers argued that the state law, which had been intended to protect the crab population, was a protectionist and unconstitutional trade barrier. In this decision, the court ruled that the Australian constitution prohibited only those barriers to interstate commerce that had either a protectionist purpose or effect. Australian courts now apply the so-called “Cole v. Whitfield test” in judging section 92 cases. As in today’s Supreme Court ruling, the Australian court decided that purpose of the law restricting internal trade was crucial in deciding its constitutionality.

 

Turning back to today’s SCC decision, I was pleased that the Court accepted the view that research on historical context similar to that I provided in my 2015 expert testimony is helpful in interpreting the meaning of the constitution. The Court made an interesting and important point about the role of historical research in constitutional interpretation: it ruled that while historical information of the type I shared was not, by itself, enough to overturn an existing SCC decision, it does matter. In a sense, this part of the ruling was a victory for advocates of some variant of the interpretative doctrine called originalism.

I must say that it was an honour to have worked in the case with a fantastic group of lawyers.

 





The Impress of the Past on Entrepreneurial Cognition

17 04 2018
1280px-newcastle-upon-tyne-bridges-and-skyline_cropped

Image Source: By JimmyGuano – Newcastle-upon-Tyne-bridges-and-skyline.jpg, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=34911481

Come hear me present in Newcastle!

I’ll be presenting about my research on how entrepreneurs use history at Newcastle Business School (CCE1, Room 223A), on Wednesday 25th April 2018
17:00 – 18:00

The title of my paper is The Impress of the Past on Entrepreneurial Cognition by Andrew Smith (University of Liverpool) and Jennifer Johns (University of Bristol).

 

Abstract:

The existing literature gives us only a limited understanding of how entrepreneurs use analogical reasoning. This paper explores how entrepreneurs use historical analogy to recognize opportunities and to evaluate how to exploit them. We document this use of historical analogy through interview research with the users of a set of novel production technologies. The empirical basis of the paper is a FabLab, a digital makerspace. We integrate Paul Ricœur’s insights into the use of historical knowledge into existing scholarly debates about the place of analogical reasoning in entrepreneurial cognition. We find that the entrepreneurs use historical analogy to discuss entrepreneurial opportunities and their use of historical analogy differs according to their technical capabilities. We identify implications for entrepreneurship researchers and for practitioners.