PROPERTY, CONTRACT
AND POWER
How interaction between economic actors can result in mutual gains, and also in
conflicts over how the gains are distributed.
How institutions influence the relative power and other bargaining advantages of actors
and can therefore shape the allocations that arise from interaction.
How we can evaluate outcomes using the concepts of fairness and Pareto efficiency.
See www.core-econ.org for the full interactive version of The Economy by The CORE Project.
Guide yourself through key concepts with clickable figures, test your understanding with multiple choice
questions, look up key terms in the glossary, read full mathematical derivations in the Leibniz supplements,
watch economists explain their work in Economists in Action and much more.
Funded by the Institute for New Economic Thinking with additional funding from Azim Premji University and Sciences Po
Source: Leeson, P. 2007. An-Argh-Chy: The Law and Economics of Pirate Organization. Journal of Political
Economy, 115, pp. 1050-94.
The Rover and its Articles were not unusual. During the heyday of European piracy
in the late 17th and early 18th centuries most pirate ships had written constitutions
that guaranteed even more powers to the crew members. Their captains were
democratically elected, the Rank of Captain being obtained by the Suffrage of the
the rovers articles were part of the pirate institutions that determined who
did what aboard shipwhether your ancestor would serve as a lookout or as a
helmsman, for exampleand who would get what as a result of what each did, for
example the size of his dividend compared to that of the gunner. Other aspects of
their institutions were the unwritten informal rules of appropriate behaviour that the
pirates followed by custom, or to avoid condemnation by their crewmates.
In economics, institutions are the written and unwritten rules that govern both what
people do when they interact in a joint project, and the distribution of the products
of their joint effort. Using the terminology of game theory introduced in the previous
unit, we could say that The Rovers articles were the rules of the game, much as the
rules of the Ultimatum Game specify who can do what, when they can do it, and how
this determines each players payoff. The institutions provided both the constraints
(no drinking after 8pm unless on deck) and the incentives (the best pair of pistols for
the lookout who spotted a ship that was later taken). In this unit we use the terms
institutions and rules of the game interchangeably.
We have already seen that, in experiments, the rules of the game matter for how
the game is played, for the size of the total available to those participating, and for
how this total is divided. The institutionsthe rules of the Ultimatum Game for
exampledetermine who gets to be the Proposer; how much money the Proposer has
when the game starts; and the fact that the Responder can refuse any offer, resulting
in no payoffs for either player. In the standard Ultimatum Game, with a Proposer and
one Responder, recall that the total to be divided may be zero for both players if the
Responder refuses the Proposers offer. Or, if the Proposers the offer is accepted, the
Responders share is the amount that the Proposer offers to share, while the Proposer
gets what remains.
We also saw that changing the rules changes the outcome: if there are two
Responders in the Ultimatum Game rather than just one, the Proposer knows that
at least one of the Responders is likely to accept a low offer. Each Responder knows
this too. And because they cannot be sure that their rejecting a low offer will result in
the proposer will be punished (the other Responder may accept) Responders tend to
accept low offers they would have rejected as unfair had they been a sole Responder.
This means the Proposer has more bargaining power, and gets a larger payoff as a
result. We discover in Unit 7 that, when people must purchase goods from a single
business organisation, they have less bargaining power than when there are many
sellers.
recall that the farmer in Unit 3 cultivated land; and the harvest depended
on the amount of labour devoted to farming according to the production function.
The farmer now has a name: meet Angela. Angela has company. The farmer in Unit
3 had no economic dealings with anyone else; Unit 3s farmer worked the land,
enjoyed the remainder of the day as free time, and consumed the grain that this
activity produced. In the real world few individuals work on their own and can claim
everything they produce, because few people own the tools, land, or other capital
goods that they require in their work.
To study what happens in a more realistic case, meet Bart. Bart, not Angela, owns the
land. Bart has many parcels of land and is not interested in working the land himself.
If Angela works for Bart as an employee for a wage, or by paying a fixed rent, or
giving Bart a share of the crop, they will divide whatever Angela produces.
How many hours Angela works, how much she produces, and how much of this
output that she and Bart each get is (using the terms introduced in Unit 4) an
economic outcome, or an allocation resulting from their interaction. Recall from Unit
4 that there are two aspects to every allocation: the extent to which the possibility
of mutual gains are realised (is the allocation Pareto efficient?) and the distribution
of the gains from exchange (is the allocation fair?). Figure 1 shows Angela and Barts
combined feasible consumption frontier. The frontier indicates how many bushels
of grain Angela can produce given how much free time she takes. If Angela takes 12
hours free time and works for 12 hours then she produces ten bushels of grain. Point
E is a possible outcome of the interaction between Angela and Bart. The distribution
of grain at point E is such that five bushels go to Bart, and Angela retains the other
five for her own consumption.
12
10
Bushels of grain
Total grain
produced
What
Bart gets
What
Angela gets
Feasible consumption
frontier: Angela and
Bart combined
H
12
0
Angelas free time
24
Angelas work
INTERACT
Follow figures click-by-click in the full interactive version at www.core-econ.org.
To see how every economic interaction, and the distribution of the gains, among
people can be analysed from two standpoints, consider an example. When you sign
on to Amazon Mechanical Turk (LINK), the online marketplace for work, you may
select one of more than 400,000 human intelligence tasks, or HITs. The HITs are
offered by requesters, businesses and individuals looking for individuals to complete
tasks such as listing product preferences, writing product descriptions, choosing
preferred images, or even naming places that they honeymooned. Each HIT is
described, along with the qualifications required and the payment per selected task.
As a Mechanical Turk worker (a turker), you complete the HIT you have selected and
are then paid.
The allocation in this case is the time you spent, your product transferred to the
requester (the completion of the HIT), and your pay. Figure 2 compares the farming
model with Mechanical Turk.
EXTENT OF MUTUAL
GAINS REALISED
DISTRIBUTION OF
MUTUAL GAINS
FARMER
TURKER
We study two aspects of the allocation resulting from Angelas interaction with Bart,
in two steps. First, we will determine the set of technically feasible combinations
of Angelas hours of work and the amount of grain she produces, and Angela and
Barts share of grain. By technically feasible we mean outcomes that are possible
if technology (the production function) and biology (Angelas need to get at
least enough nutrition to carry out the work tasks of the allocation and survive)
impose the only limits on what can occur. Then, in the next section, we ask how
the institutions governing their interaction determine which technically feasible
allocations actually occur.
How do we determine what is technically feasible? We know from the feasible
consumption frontier in Unit 3 that the total amount consumed by Bart and Angela
combined cannot exceed the amount produced and, as determined by the production
function, this depends on the hours that Angela works. Figure 1 shows the feasible
consumption frontier from Unit 3.
12
Bushels of grain
Technically
infeasible
Technically
feasible set
Biologically
infeasible
2
0
Feasible consumption
frontier: Angela and
Bart combined
24
10
the second step in determining the allocation when Bart and Angela interact
depends on institutions. To understand how this works, we need to introduce four
terms: ownership, property, contract, and power.
Ownership means the right to use and exclude others from the use of something,
and the right to sell it (or to transfer these rights to others). A sign that tells you
No trespassing is an expression of ownership; another expression of ownership is a
copyright, which, among other things, excludes a musician from recording a tune for
the purpose of selling it without compensation to the songwriter. Property is what is
owned (the land, or the right to perform the song).
A contract is a legal document or understanding that specifies a set of actions that
the parties to the contract are to undertake. For example, a sale contract for a car
transfers ownership, meaning that the new owner can now use the car and exclude
11
to see why institutions matter, we consider two extreme cases. In the first, Bart
allows Angela to work the land without payment (or perhaps the land is simply free
for the taking, as it was in many land abundant regions in the past, and Bart has not
yet arrived to claim ownership of it). What is the resulting allocation?
Recalling the analysis from Unit 3, Angela values both the grain produced and her
free time. The value that she places on free time and on grain depend on how much
of each she has, because of diminishing marginal utility. We represent these values,
as we did in Unit 3, as indifference curves, giving all of the combinations of grain and
free time for which she does not prefer one to the other. The feasible consumption
frontier is just the mirror of the production function, showing how much free time
and grain are jointly feasible given the productivity of an hour of her labour.
Angela is free to choose her typical hours of work, and the decision that gives her
the most preferred combination of free time and grain is point C in Figure 4 (which is
similar to Figure 9 in Unit 3). Recall that the slope of the indifference curve is called
the marginal rate of substitution between grain and free time and the slope of the
feasible consumption frontier is the marginal rate of transformation of free time into
grain. Figure 4 shows that the best Angela can do, given the limits set by the feasible
consumption frontier, is to work for six hours, giving her 18 hours of free time and
producing eight bushels of grain. This is the number of hours of work at which the
marginal rate of substitution is equal to the marginal rate of transformation. She
cannot do better than this! (If youre not sure why, go back to Unit 3 and check.)
Slope of feasible
= Marginal rate of
consumption frontier
transformation
Slope of
indifference curve
12
Bushels of grain
12
= Marginal rate of
substitution
18
Angelas hours of free time
Angelas feasible
consumption frontier
24
6 hours of work
Bart has plenty of other parcels of land, so we dont need to worry about his survival.
Now consider the other extreme. Bart has arrived heavily armed, and there is no one
to protect Angela from his threats of violence. It doesnt matter whether he owns
the land or not; he has the power to implement any allocation that he chooses. He
is the dictator in the Dictator Game. Unlike the experimental subjects in Unit 4 he
is entirely selfish. He wants only to maximise the amount of grain he can get from
Angela.
But because Bart thinks about the future, he will not take so much that Angela will
die. He has to impose some allocation that is biologically feasible. He has to choose
some point in the purple lens-shaped technically feasible set of allocations. But
which one?
Bart reasons like this:
For any number of hours that I order Angela to work, she will produce the amount
determined by the feasible consumption frontier of the production function (Figure
3). But for that amount of work Ill have to give her at least the amount shown by the
biological feasibility frontier. I get to keep the difference between what she produces
and what I need to give her, so that I can continue to exploit her. Therefore I should
find the hours of Angelas work for which the vertical distance between the feasible
consumption frontier and the biological feasibility frontier is the greatest.
The amount that Bart will get if he implements this strategy is called his economic
rent or his surplus, in this case meaning the amount he gets over what he would get if
Angela did no work at all, which in this case is zero. Economic rent here also means
the amount of the harvest that Bart requires Angela to give him, so it corresponds
to the everyday meaning of rent. But remember from Unit 2 that an economic rent is
any payment or other benefit that exceeds the next best option that the individual
has (in this case letting the land go fallow).
13
Angelas biological
feasibility frontier
Bushels of grain
12
10
Feasible consumption
frontier: Angela and
Bart combined
13
18
24
13
18
24
12
14
6
5
Figure 5. Power and plunder. The maximum technically feasible transfer from Angela to
Bart.
Bart is studying Figure 5 and asks your help. You say:
Bart, your plan cannot be right. If you forced her to work a little more, you wouldnt
have to let her have much more grain because the biological feasibility frontier is
relatively flat at six hours of work. But the feasible consumption frontier is steep, so
while youd have to let her have a little more, shed produce a lot more if you imposed
longer hours.
You add:
You have to work out, for any length of working day that you impose, how much
grain you will get while making sure that Angela survives to be exploited next year.
EINSTEIN 1
How can you figure out Angelas hours of work that gave Bart the greatest amount
of grain, consistent with Angela surviving? To the right of 13 hours (more free time
for Angela), the biological feasibility frontier is flatter than the feasible consumption
frontier. That means the marginal rate of transformation of hours of labour into
output is greater than the marginal rate of substitution of hours of labour into
subsistence nutrition requirements. So moving to the left (Angela working more)
results in an increase in production (her marginal product) that is greater than the
increase in her subsistence needs. So Angela working more increases Barts surplus,
which you recall is his economic rent. To the left of 13 hours of free time (Angela
working more), the reverse is true. Barts surplus is greatest at the hours of work
where the slopes of the two frontiers are equal. That is:
Marginal rate of
transformation of work hours
into grain output
15
16
we check back on Angela and Bart much later, and immediately notice that
Bart is no longer armed. He explains that this is no longer needed, as there now is
a government with laws administered by courts, and professional enforcers called
police. Bart now owns the land, and Angela must have permission to use his property.
He can offer a contract in which she can farm the land. In return she gives him part of
the harvest. Alternatively, she can refuse the offer.
It used to be a matter of power, Bart says, but now both Angela and I have property
rights: I own the land, and she owns her labour.
The new rules of the game, he adds, mean that I can no longer force Angela to
work. She has to agree to the allocation that I propose.
And if she doesnt?
There is no deal. She doesnt work on my land, I get nothing, and she gets barely
enough to survive from the government.
Just like the Ultimatum Game, you think.
So you and Angela have the same amount of power? you ask.
Certainly not! Bart replies, surprised, I am the one who gets to make a take-itor-leave-it offer. I am like the Proposer in the Ultimatum Game; except that this
is no game. If she refuses she goes hungry, and I have a plenty of grain from other
farmers.
But you get zero if she refuses?
That never happens, Bart assures you. Bart knows that if he makes an offer that
is just a tiny bit better for Angela than not working at all and getting subsistence
rations from the government, she will accept. So now he asks you a question similar
to the one he had asked earlier, and which you had answered by showing him the
biological feasibility frontier. Now the limitation is not that the offer is such that
Angela survives, but rather that she agrees.
Over years of interacting with Angela and people like her he knows that she values
her free time, so the more hours he offers her to work, the more he is going to have to
pay. Bart turns to you again, and you explain:
Bushels of grain
12
Economically
feasible set
2
0
Feasible consumption
frontier: Angela and
Bart combined
O: Angelas reservation option
24
17
18
We can see that both Angela and Bart may benefit if a deal can be made. The reason
is that their exchangeallowing her to use his land (that is, not using his property
right to exclude her) in return for her sharing some of what she producesmakes it
possible for both to be better off than if no deal had been struck. As long as Bart gets
some of the crop he will do better than if there is no deal. If there is no deal his land
lies fallow and he gets nothing, making his reservation option zero (as we have seen).
As long as Angelas share makes her better off than she would have been if she took
her reservation option, taking account of her work hours, she will be also benefit.
This potential for mutual gain is why their exchange need not take place at the
point of a gun, but can be motivated by the desire of both to be better off. All of the
economically feasible allocations that represent mutual gains are shaded dark purple
in Figure 6.
Of course the fact that mutual gains are possible does not mean that both Angela
and Bart will benefit. It all depends on the institutions in force. If Bart has the power
to make a take-it-or-leave-it offer, subject only to Angelas agreement, then he can
capture the entire surplus, leaving none for Angela. Bart knows this already.
Once you have explained the reservation indifference curve, Bart knows the take-itor-leave-it offer that he should make. For every possible level of work hours he might
require, he looks at the vertical distance between the reservation indifference curve
and the feasible consumption frontier, and finds the hours for which this distance is
the greatest. He uses a modified version of Figure 5, taking into account that Angela
has to agree to any proposal. In the economically feasible case Angela gets just
enough grain to compensate for the value of her foregone free time due to working.
Only Bart benefits from the exchange.
Angelas biological
feasibility frontier
Angelas reservation
indifference curve
12
Bushels of grain
Feasible consumption
frontier: Angela and
Bart combined
13 15
24
12
Technically
feasible
Economically
feasible
0
13 15
24
19
20
Suppose that Bart could not force Angela to work a particular number of hours
(because, for example, he lives far away, and cannot observe what she is doing). But
he can charge rent of a number of bushels for her use of the land. What rent will he
charge?
Bart will choose the rent that maximises the amount of grain he gets, while taking
into account the fact that Angela will not accept any offer below her reservation
indifference curve. The maximum feasible rent is therefore five-and-a-half bushels
of grain, which is equal to the maximum amount of grain Bart can get when
exchange is voluntary (see Figure 7). The imposition of maximum rent by Bart is
shown by the downward shift of the feasible consumption frontier in Figure 8. Point
A, where Angela is working for nine hours, is the best that she can do when Bart is
charging maximum rent. At this point she is on her reservation indifference curve,
so is indifferent between accepting the offer and refusing the offer and living on
government rations.We will suppose that Bart charges a tiny bit less rent than this, so
she accepts.
Angelas reservation
indifference curve
Bushels of grain
12
Feasible consumption
frontier: Angela and
Bart combined
6.5
A
3.75
Barts maximum
economically
feasible rent = 5.5
15
24
Angelas feasible
consumption frontier
after paying maximum rent
Figure 8. Barts maximum feasible rent, and the best Angela can do when he charges it.
bart thinks that the new rules, requiring him to make an offer that Angela will
not refuse, are not so bad after all. Angela too is better off than she had been when
she had barely enough to survive. The reason is that, under the old rules, she had no
choice but to accept whatever allocation proposal Bart imposed, even if he made her
worse off than when she did no work at all.
21
12
Bushels of grain
22
3 = what
Bart gets
3 = what
Angela gets
6
5.25
B
B'
3.75
3
0
15 16
20
IC3
IC2
IC1
24
angela and her friends are pleased with their success. She asks what you think
of the new policy. This time, you say:
Congratulations, but your policy is far from the best you could do.
You lay out Plan B.
Under your new law, Bart is getting three bushels and cannot make you work more
than four hours.
23
24
We have already seen another Pareto efficient outcome. It was the initial allocation
that resulted when Angela had free use of the land. Go back to Figure 4. When
Angela worked six hours, and received the whole harvest of eight bushels she was
doing the best she could under the constraints of the technology available (and the
free use of the land). Bart, however, got nothing. Is there an allocation that could
have made both Bart and Angela better off than under this outcome (or made one of
them better off and the other not less well off)? The answer is no, because Angela had
already chosen the allocation that she preferred, so any change (including giving Bart
some of the harvest) would make her worse off. So the outcome was Pareto efficient.
This is of course just the mirror image of the Pareto efficient outcome that resulted
when Bart had enough bargaining power to choose the allocation, subject only to the
limitation that Angela had to agree to it.
You can see that Pareto efficiency is only distantly related to the usual way that
the term efficiency is used. When we talk of a way of doing something as efficient
it means a reasonable or sensible means to some end. Something can be Pareto
efficient, however, and seem far from reasonable or sensible. If Angela and Bart were
dividing the pie discussed in Unit 1, then any way the pie was divided would be Pareto
efficient, including Angela getting none of it, or all of it. The only thing that Pareto
efficiency requires is that they not simply throw away some of the pie.
Figure 10 shows the three Pareto efficient points that we have discussed so far. What
they have in common is that at each allocation one of Angelas indifference curves
is tangent to her feasible consumption frontier, meaning that her marginal rate of
substitution (the slope of her indifference curve) is equal to her marginal rate of
transformation of free time into grain (the slope of her feasible consumption frontier
after the payment of rent to Bart). They differ, of course, in how well-off each of
them are. At point A, Bart alone experiences gains from exchange (compared to the
reservation option in which Angela does not work his land at all). At point C the
opposite is true and Angela is experiencing all the gains from trade. At point B, both
Angela and Bart experience gains from exchange. LEIBNIZ 7 shows you how to find
Pareto efficient allocations using calculus, when the utility function and the feasible
consumption frontier are expressed algebraically.
25
Angelas reservation
indifference curve
12
Bushels of grain
26
8
B
5.25
3.75
A
O: Angelas reservation option
0
Barts
lesser rent
15 16 18
24
Barts
maximum
rent
Figure 10. Pareto efficient allocations with differing distributions of the gains from
exchange.
LEIBNIZ
For mathematical derivations of key concepts, download the Leibniz boxes from
www.core-econ.org.
Outcomes in which gains from exchange are shared rather than monopolised by
one or the other party seem fairer; and being win-win they are easier to implement,
either by agreements of the kind that Angela has proposed to Bart, or by government
policy. The move from point A (at which Bart had all the bargaining power and alone
experienced gains from exchange) to point B, with shared gains, consists of two
distinct steps. The first is from A to D, the outcome imposed by Angelas legislation.
This was definitely not win-win: Bart lost because his rent at D is less than the
maximum feasible rent that he got at A. Angela benefitted.
Once at the legislated outcome, there were many win-win possibilities open to them.
They are shown in the purple shaded area in Figure 9. Win-win alternatives to the
allocation at D are possible by definition, because D was not Pareto efficient.
Bart is open to a deal, but is not happy with Angelas proposal.
There are many other such Pareto efficient outcomes with shared gains compared
to the initial reservation options prior to the legislation; some favour Angela, some
favour Bart. In Figure 11 we compare the allocations A, B, C, and D in Figures 9 and
10.
27
28
POINT B
POINT C
POINT D
Angela pays a
3-bushel rent to
Bart and chooses
her hours of work
Angela passes
a labour law
ANGELAS
HOURS OF WORK
ANGELA'S SHARE
(BUSHELS)
3.75
5.25
BART'S SHARE
(BUSHELS)
5.5
PARETO
EFFICIENT?
Yes
Yes
Yes
No
No (Bart gains,
Angela does
not)
Yes
No (Angela
gains, Bart
does not)
Yes
WHAT
HAPPENS?
GAINS SHARED
(COMPARED
TO POINT O)
Figure 11. Pareto efficiency and shared gains from exchange as aspects of economic
outcomes, and the institutions that support them.
There are three lessons here, to which we will return when we discuss policies to try
to implement Pareto efficient outcomes with distributions that are considered to be
fair by most people. The first is that when one person or group has power to dictate
the allocation, subject only to not making the other party worse off than in their
reservation option, the powerful party will capture all of the gains from exchange.
They will implement an allocation that makes their gains as large as possible, subject
only to the other party not being worse off than with no exchange at all. If they have
done this, then there cannot be any way to make either of them better off without
making the other worse off. So the result must be Pareto efficient.
The second lesson is that those who consider their treatment unfair often have some
power to influence the outcome through legislation and other political means, and
the result may be a more fair distribution, but one that is not necessarily Pareto
efficient. So societies may face trade-offs between Pareto efficient but unfair
outcomes, and fair but Pareto inefficient outcomes.
Finally, if we have institutions under which people can jointly deliberate, agree on,
and enforce alternative allocations then there may be outcomes that make both
parties better off, and that are also more fair than the status quo. Angela and Bart
managed this. Starting from a very uneven distribution of the benefits of exchange
(only Bart benefitted) legislation was passed increasing Angelas bargaining power,
and then the two agreed on a win-win outcome that was Pareto efficient. In this case
a society need not accept the trade-off between Pareto efficiency and fairness.
5.8 CONCLUSION
29
30
PREFERENCES
Bargaining power
INSTITUTIONS
Reservation options
Economically
feasible allocations
BIOLOGY
Allocation
(outcome): who
does what &
who gets what
Technically feasible
allocations
TECHNOLOGY
1. There are technological and biological limits on the economic outcomes that can
occur.
2. Every economic interaction results in an outcome (allocation) with two aspects: the
extent to which potential mutual gains are full exploited, and the distribution of
these gains compared to a situation in which the interaction had not occurred.
3. Private ownership (property) is the right to use and to exclude others from the use of
something, including the right to sell it.
4. For any particular interaction, a persons reservation option is what that person
would get if the interaction did not take place.
5. Those with better reservation options and those with more power typically get more
in the resulting allocation.
6. Institutions, including the ownership of private property and government, are an
important influence on both the efficiency and the fairness of allocations.
7. When an allocation is not Pareto efficient, it may be possible either for government
policies or private bargaining to introduce win-win policies that improve the
wellbeing of most parties.
31
32
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33