Lisa Maria Herzog

This paper asks how property rights in the financial system can be nor- matively justified. It argues that in the current financial system, we find property rights with very different normative bases, some of which are stronger than others. In fact, there is a systematic gap between the normative priorities (which property rights deserve protection?) and the de facto priorities (which property rights are in fact protected?). I draw on the three traditional approaches for justifying property rights, along Hegelian, Lockean and consequentialist lines, and ask how relevant they are for the property rights that one finds in today’s financial system. As it will turn out, Hegelian and Lockean justifications are better suited for the “real economy” than for the financial system; whereas the most promising approach for justifying many property rights within the financial system (if they can be justified at all) is a consequentialist one. This implies that reform proposals, for example with regard to higher capital ratios for banks, cannot be countered by holding that they interfere with property rights, for the property rights that are interfered with cannot claim to have stronger normative bases than the normative principles involved in the reform proposals.

This paper discusses Adam Smith's views of social justice. It first describes Smith's optimistic view of markets, for example with regard to the absence of negative externalities, which implies that he considered certain normative problems to be the exception rather than the rule. Then, Smith's views on redistribution are discussed: although he is sympathetic to progressive taxation, his main focus remains on free markets, which can partly be explained by his distrust of politicians. If one takes a closer look as Smith's views of markets, however, it turns out that one of the reasons why he endorses them is their distributive features. He saw them as an antidote to the inequalities of the feudal age, offering all individuals an opportunity to work their way up to a decent standard of living and leading to more equality in the long run. Thus, Smith's account, while out-dated in certain ways, can serve as an inspiration for thinking about distributive justice not only as a question of redistributive taxation but also as a question of the institutional design of markets

This essay analyses the role of different forms of trust in the context of financial markets. It argues that rather than being caused by a lack of trust, the financial crisis of 2007 can be characterized by a shift from personal trust, with its normative and epistemic implications, towards too much “systemic trust”. Through a process of legalization and formalization, loans became standardized, and lenders relied not on the trustworthiness of borrowers, but on their legal claims and the ability of markets to evaluate these correctly. As recent research in social philosophy and legal studies shows, however, markets built on “systemic trust” run into paradoxes, both with regard to their epistemic features and with regard to their ability to deal with the fundamental uncertainty of the future. This fact raises serious questions about the epistemic control of complex market systems, and about the justice of institutional structures in which only some people’s or organization’s trust pays off, while other people’s trust is betrayed.

Motivation crowding out can lead to a reduction of ‘higher’ virtues, such as altruism or public spirit, in market contexts. This article discusses the role of virtue in the moral and economic theory of Adam Smith. It argues that because Smith’s account of commercial society is based on ‘lower’ virtue, ‘higher’ virtue has a precarious place in it; this phenomenon is structurally similar to motivation crowding out. The article analyzes and systematizes the ways in which Smith builds on ‘contrivances of nature’ in order to solve the problems of limited self-command and limited knowledge. As recent research has shown, a clear separation of different social spheres can help to reduce the risk of motivation crowding out and preserve a place for ‘higher virtue’ in commercial society. The conclusion reflects on the performative power of economics, arguing that the one-sided focus on models of ‘economic man’ should be embedded in a larger context