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The Last Resort - The Financial Crisis and the Future of Bailouts (Hardcover)
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The Last Resort - The Financial Crisis and the Future of Bailouts (Hardcover)
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The bailouts during the recent financial crisis enraged the public.
They felt unfair--and counterproductive: people who take risks must
be allowed to fail. If we reward firms that make irresponsible
investments, costing taxpayers billions of dollars, aren't we
encouraging them to continue to act irresponsibly, setting the
stage for future crises? And beyond the ethics of it was the
question of whether the government even had the authority to bail
out failing firms like Bear Stearns and AIG. The answer, according
to Eric A. Posner, is no. The federal government freely and
frequently violated the law with the bailouts--but it did so in the
public interest. An understandable lack of sympathy toward Wall
Street has obscured the fact that bailouts have happened throughout
economic history and are unavoidable in any modern, market-based
economy. And they're actually good. Contrary to popular belief, the
financial system cannot operate properly unless the government
stands ready to bail out banks and other firms. During the recent
crisis, Posner agues, the law didn't give federal agencies
sufficient power to rescue the financial system. The legal
constraints were damaging, but harm was limited because the
agencies--with a few exceptions--violated or improvised elaborate
evasions of the law. Yet the agencies also abused their power. If
illegal actions were what it took to advance the public interest,
Posner argues, we ought to change the law, but we need to do so in
a way that also prevents agencies from misusing their authority. In
the aftermath of the crisis, confusion about what agencies did do,
should have done, and were allowed to do, has prevented a clear and
realistic assessment and may hamper our response to future crises.
Taking up the common objections raised by both right and left,
Posner argues that future bailouts will occur. Acknowledging that
inevitability, we can and must look ahead and carefully assess our
policy options before we need them.
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