Documente Academic
Documente Profesional
Documente Cultură
PRUDENCIO
Preliminary considerations Few people question the importance of regulation in biological processes. From the physiological regulation of body temperature to the molecular regulation of gene expression, life depends on a state of dynamic balance that must be controlled by positive or negative feedback mechanisms. In almost every other field, however, regulation becomes a matter of heated debate and polarized ideology. In a world that is still recovering from the biggest financial crisis since the Great Depression, it seems particularly relevant to address the topic of regulation in the field of finance. Finance is indeed especially affected by the dichotomy between those who defend regulation and those who criticize it. The positive correlation between risk and return amplify the opposition between those who profit from a lack of regulation and those who are most likely to bear the losses. Both sides advocate action on this matter. For instance, economists and politicians multiply calls for financial regulation in a time when free market orthodoxy seems to have lost much of its steam. But, is regulation necessary? Is regulation a threat to economic growth? Is regulation the cause or the solution to the problem? It is hard to give an absolute answer to these questions. It is however important to frame the discussion in a context that gives financial regulation the historical importance it deserves. Such framing will help elucidate the broader objectives that regulation entails.
PAGE 1
A. PRUDENCIO
Among
many
other
causes
of
the
financial
crisis,
predatory
lending
practices
have
a
particular
significance
and
help
illustrate
the
historical
ubiquity
of
financial
regulation.
Defined
as
an
unscrupulous
practice
carried
out
by
a
lender
to
entice
a
borrower
in
taking
a
mortgage
that
carries
high
fees
and
high
interest
rates1,
predatory
lending
has
been
pointed
out
as
one
of
the
main
detonators
of
the
housing
bubble.
Massive
accumulation
of
non-performing
loans
and
sinking
collateral
prices
brought
down
many
fraudulent
financial
schemes
on
the
eve
of
Lehmans
Brothers
bankruptcy.
Regulated
in
some
states
but
not
necessarily
illegal,
predatory
lending
has
been
casted
as
yet
another
example
of
the
immorality
of
finance
and
is
now
a
primary
target
of
regulatory
agencies
that
wish
to
reestablish
limits
on
certain
interest
rates
and
increase
transparency
in
lending
practices.
Predatory
lending
is
nothing
more
than
a
modern
type
of
usury.
Two
aspects
of
predatory
lending
represent
a
constant
in
the
historical
understanding
of
usury:
First,
the
idea
of
charging
unreasonable
interest
rates
that
will
inevitably
subjugate
the
borrower.
Second,
the
immoral
and
reprehensible
character
of
such
practice.
Although
predatory
lending
defines
the
modern
understanding
of
usury
very
well,
its
meaning
has
evolved
through
time
and
so
has
the
regulation
surrounding
it.
Identified
in
the
oldest
pieces
of
recorded
history
like
the
Code
of
Hammurabi,
restrictions
against
usury
have
populated
legislative
texts
and
religious
codes
for
millennia.
The
Greek
and
the
Romans
denounced
it
as
an
immoral
practice
that
creates
something
out
of
nothing.
During
the
Middle
ages,
the
catholic
church
generalized
usury
to
all
kinds
of
interest,
and
today,
Islamic
finance
still
prohibits
riba
(usury).
Besides
reviewing
the
historical
evolution
of
usury,
this
paper
will
try
to
rationalize
its
almost
universal
condemnation.
Regulation
of
usury
is
often
based
on
moral
grounds
(even
today,
charging
excessive
interest
rates
is
first
seen
as
morally
wrong)
but
its
justification
has
broader
implications.
Understanding
those
implications
is
understanding
why
financial
regulation
is
an
almost
natural
reaction
to
financial
threats
created
by
dangerous
practices
that
affect
both
individuals
and
1
http://www.investopedia.com/terms/p/predatory_lending.asp
PAGE 2
A. PRUDENCIO
groups. Whether such regulation is effective or not will not play a role in the historical description of usury restrictions. The study of those regulations will however enhance the understanding of the relationship between human beings and money and will allow us to see financial regulation with a more pragmatic and less ideological eye. The rationale behind money lending and interest Before starting a historical review of the concept of usury, it is important to understand some differences between the proto-banking systems that existed in Ancient times and the financial system that characterizes our modern globalized economy. Banking is probably as old as money itself. Money appeared as a rational solution that simplifies the exchange process by diminishing the number of intermediary goods that would be otherwise bartered. Money is not only a medium of exchange: by establishing a unit of account money becomes a store of value. The capacity to store value represents the biggest innovation money introduces2: such characteristic makes of money an intertemporal good and in particular a good that can be valued and understood in the context of future transactions. As a consequence saving and lending appear as an intertemporal transaction in which individuals trade present consumption (consumption being the product of exchange) with future exchange. Such transaction is only rational if there is an expected gain from the intertemporal trade-off: interest could be interpreted as the rational conclusion of delayed gratification. It is important to note that interest is held in its broader sense and does not necessary imply a money payment. This attempt to explain the rationale behind lending and interest is relatively simplistic and ignores many other factors that play a role in the market for credit. However, it gives a coherent vision of the incentive mechanisms that push individuals to lend money and ask some kind of return on such transaction. 2 Whykes (2003) PAGE 3
A. PRUDENCIO
Evidence
of
money
lending
is
present
in
the
Code
of
Hammurabi,
more
than
seventeen
centuries
BC.
It
is
unclear
how
banking
was
handled
at
that
time,
but
many
provisions
in
the
Code
of
Hammurabi
point
towards
regulated
private
transactions
among
individuals
or
transactions
involving
a
centralized
power
(probably
the
temple).
It
is
very
likely
that
most
loans
involved
rich
merchants
with
excess
capital
and
farmers
in
need
of
liquidity
or
burdened
already
in
high
debt3.
Paragraph
49
of
the
Code
of
Hammurabi
gives
a
great
insight
in
this
concern:
49.
If
any
one
take
money
from
a
merchant,
and
give
the
merchant
a
field
tillable
for
corn
or
sesame
and
order
him
to
plant
corn
or
sesame
in
the
field,
and
to
harvest
the
crop;
if
the
cultivator
plant
corn
or
sesame
in
the
field,
at
the
harvest
the
corn
or
sesame
that
is
in
the
field
shall
belong
to
the
owner
of
the
field
and
he
shall
pay
corn
as
rent,
for
the
money
he
received
from
the
merchant,
and
the
livelihood
of
the
cultivator
shall
he
give
to
the
merchant.4
Paragraph
49
describes
a
collateralized
transaction
in
which
interest
is
paid
out
of
the
harvest
yield.
Regulation
on
this
issue
shows
that
lending
was
a
common
practice
and
although
the
code
of
Hammurabi
is
restricted
to
a
specific
geographic
region
in
Mesopotamia,
there
is
evidence
of
lending
and
pawnbroking
in
Imperial
China
during
the
same
period
and
in
other
several
regions
afterwards5.
In
Ancient
times
private
lending
described
the
relationship
between
a
rich
owner
and
poor
farmers
and
merchants
in
need
of
liquidity.
This
is
mostly
evident
in
Ancient
Greece
or
Imperial
Rome
but
the
pattern
was
still
alive
after
the
Renaissance
where
it
was
immortalized
by
the
Famiglia
de
Medici.
The
mechanisms
of
money
creation
did
not
depend,
as
they
do
today,
on
the
leverages
offered
by
the
central
bank
and
the
multiplier
effect.
Although
bank
deposits
developed
over
the
centuries,
monetary
creation
was
generally
limited
my
the
merchants
wealth6.
Collaterals
often
secured
3
Lewison
(1999)
4
http://www.sacred-texts.com/ane/ham/ham05.htm
5
Mews
and
Abraham
(2007)
6
Id.
PAGE 4
A. PRUDENCIO
lending
and
as
we
said,
the
concept
of
interest
rates
was
a
well-known
mechanism.
Such
characteristics
describe
a
system
highly
fragmented
and
thus
prone
to
excess
and
hard
to
control.
We
are
excluding
from
this
analysis
any
kind
of
institutional
lending
(such
as
charities
or
government
debt
mechanisms).
Under
such
a
fragmented
system
it
is
logical
that
many
of
the
regulations
that
applied
to
banking
practices
took
the
form
of
a
moral
condemnation.
Progressively,
law
integrated
such
condemnation,
but
not
all
cultures
took
the
same
approach
and
many
cultures
legalized
many
immoral
banking
activities
while
at
the
same
time
condemning
them
under
religious
and
less
biding
societal
codes.
This
is
especially
true
in
India
or
among
Jewish
merchants.
In
the
next
few
paragraphs
we
analyze
the
rules
and
attitudes
that
different
civilizations
sustained
against
usury.
Once
this
analysis
is
made,
the
concrete
causes
of
such
restrictions
will
be
developed
and
will
hopefully
help
understand
how
regulation
responded
to
several
threats
based
on
moral
grounds
and
especially,
on
more
pragmatic
economic
realities.
Usury
in
Ancient
India:
the
example
of
an
unregulated
catastrophe
Among
the
oldest
references
to
laws
restricting
interest
on
loans
the
Hammurabi
Code
has
already
been
cited.
However,
it
is
not
the
only
example.
References
to
usury
can
be
traced
back
to
the
oldest
sacred
Vedic
texts
in
Ancient
India
(2000-1400
BC).
The
fact
that
money
lending
is
such
a
widespread
practice
and
that
interest
always
appears
as
a
collateral
effect
to
this
practice
is
a
sign
of
the
quasi-universal
nature
of
money
lending
and
interest
charging
and
strengthens
the
rational
argument
of
interest
as
a
rewarding
mechanism
for
delayed
gratification.
In
the
context
of
the
Vedic
texts
usury
is
defined
in
relation
to
a
normative
interest
rate
of
20%
per
month7.
Although
usury
was
not
condemned
it
was
regulated
and
relegated
to
a
specific
cast:
the
Vaishya.
Relatively
powerful,
the
Vaishya
cast
was
clearly
an
inferior
cast
in
moral
terms,
which
brings
us
back
to
the
idea
that
usurers
are
intrinsically
immoral.
More
recent
Buddhist
and
Hindi
texts
dating
from
the
7
http://www.sacred-texts.com/hin/sbe14/sbe1443.htm#fr_879
PAGE 5
A. PRUDENCIO
second
to
seventh
centuries
before
Christ
condemn
usury
in
a
clearer
way.
For
instance,
it
is
stated
that
Vasishtha,
a
prominent
lawmaker,
had
drafted
legislation
that
criminalized
the
practice
of
usury
by
rich
Brahmans
and
Kshatriyas,
the
highest
members
Vedic-Hindu
social
system8.
Once
again,
the
pattern
of
rich
vs.
poor
and
wise
vs.
immoral
seems
to
characterize
the
relationship
of
those
who
can
profit
from
usury
and
those
who
are
more
likely
to
be
subjected
to
it.
Indias
definition
of
usury
evolved
with
time.
Usury
in
Medieval
India
has
been
the
subject
of
many
studies
that
show
its
widespread
existence
and
its
catastrophic
effects9.
Besides
money
lending,
several
forms
of
usury
prevailed
in
many
Indian
villages
in
which
credit
appeared
in
close
association
with
commerce.
Usurers
contributed
to
the
pauperization
of
many
regions
in
India,
and
its
influence
was
so
important
that
the
debt
burden
among
the
lowest
casts
became
a
public
issue
in
which
the
medieval
state
had
to
intervene10.
In
addition,
commercial
usury
deeply
penetrated
rural
life.
The
cast
system
was
completely
compatible
with
the
domination
and
subjugation
relationships
created
by
commercial
agreements
on
loans
and
a
specific
cast
of
usurers,
the
Banya
(the
money-changers),
established
a
quasi
monopoly
in
the
lending
business.
The
interesting
thing
with
usury
in
medieval
India,
is
that
the
State
ignored
old
texts
condemning
usury
and
always
came
to
the
defense
of
the
creditor.
Debtors,
if
they
were
poor,
enjoyed
hardly
any
protection.
Usury
progressively
became
the
Poor
Man's
Religion
of
medieval
India 11 .
Massive
dependence
of
farmers
and
artisans
on
usurers
became
an
almost
natural
element
of
their
every
day
life.
Condemned
but
widely
practiced,
usury
sustained
the
role
already
establish
by
a
very
rigid
cast
system.
Its
generalization
might
have
helped
many
mathematical
developments
in
medieval
India
but
it
also
enforced
the
domination
of
lower
casts
and
brought
poverty
to
millions
of
Indians
dependent
on
extremely
expensive
credits.
8
Habib
(1964)
9
See
Bibliography
Habib
(1964)
10
Id.
11
Visser
and
McIntosh
(1998)
PAGE 6
A. PRUDENCIO
Usury in the main monotheist religions: different paths and different effects Two types of legislative tools characterize ancient societies: the rule of the law created by Kings, Emperors and Republicans or the rule of God present in religious texts and very often apply the same kind of formality that more secular legislation utilized to establish the rules that would govern society. Usury was present among the main religious texts throughout the world, in particular monotheist texts. However, the history of Usury among monotheist religions is more complicated and has large ramifications. Judaism, Christianity and Islam are based on the same old-testament texts and refer to the same basic rules when it comes to usury. In Exodus 22:25, one can read If thou lend money to any of my people that is poor by thee, thou shalt not be to him as an usurer, neither shalt thou lay upon him usury. Usury seems to represent more excessive interest than interest per se. In Ezekiel 18:17 that distinction becomes clearer: He withholds his hand from sin and takes no usury or excessive interest. The old testament leaves a big margin to interpretation and the specific reactions to usury take shape within the individual religions. Judaism acknowledges that interest is forbidden, discouraged or scorned. The etymology of the word interest in Hebrew (neshekh) makes allusion to a bite from the point of view of the debtor12. However many specific passages in the old testament seem to have legitimized usury among Jewish merchants. Deuteronomy 23:20 reads : Unto a stranger thou mayest lend upon usury; but unto thy brother thou shalt not lend upon usury: that the LORD thy God may bless thee in all that thou settest thine hand to in the land whither thou goest to possess it. In other words, usury would be justified for non-Jewish persons. This characteristic of Jewish theology contributes to the stereotype of the Jewish merchant in Europe. Medieval Jewish merchants were as a matter of fact scattered all around Europe, North Africa and the Far east. However, between Jews usury was highly condemned. In addition 12 Visser and McIntosh (1998) PAGE 7
A. PRUDENCIO
to
the
biblical
roots,
various
extensions
of
the
prohibition
of
interest
were
based
on
Talmudic
law.
Interest
known
as
avak
ribbit
could
cause
the
annulation
of
a
legal
document.
In
spite
of
the
prohibition,
many
ways
of
evading
interest
laws
were
applied
by
Jewish
settlers
and
lately
legitimized
by
adaptation
to
Jewish
laws.
For
instance,
under
a
partnership,
a
contract
concerned
with
words
al-pi
hetter
iskah
could
carry
interest13.
Regulation
of
usury
in
Islam
took
a
much
more
severe
form.
Implemented
during
the
Prophet
Mohammeds
life,
riba
(meaning
excess)
was
prohibited
and
quickly
integrated
into
the
Islamic
economic
system.
The
Quran
states
in
3:130
3:130
O
you
who
have
believed,
do
not
consume
usury,
doubled
and
multiplied,
but
fear
Allah
that
you
may
be
successful.
Later
in
the
Quran
it
can
be
read:
Those
who
charge
usury
are
in
the
same
position
as
those
controlled
by
the
devil's
influence.
Islam
seems
to
be
the
religion
that
has
been
the
most
consistent
towards
prohibitions
of
interest.
Even
today,
Islamic
banking
establishes
a
number
of
ways
to
circumvent
restrictions
on
riba.
Nevertheless,
Islamic
scholars
disagree
on
some
specificities
in
which
riba
is
allowed,
especially
in
what
concerns
capital
gains.
However
it
may
be,
we
see
once
again
that
usury
is
condemned
and
punished
under
Islam.
Later
on
we
will
speculate
on
the
reasons
why
such
prohibitions
are
so
important.
Finally,
Christianity
probably
holds
one
of
the
most
complicated
relationships
with
usury.
Although
interest
in
Ancient
time
meant
excessive
interest,
Christianity
went
through
centuries
of
debate
over
the
definition
of
usury.
Building
on
the
New
Testament
the
Catholic
church
decided
around
the
4th
century
AD
to
prohibit
any
kind
of
interest
(excessive
or
not).
Under
Charlemagne
usury
was
declared
a
criminal
offense,
and
Pope
Clement
V
made
the
ban
on
usury
absolute
and
declared
all
legislation
in
the
favor
of
usury
null
and
void14.
13
Elliott
(1902)
14
Whykes
(2003)
PAGE 8
A. PRUDENCIO
The Christian vision of usury has roots in Ancient Greece and builds on the scholastic theory. Such rigid vision culminates in the Protestant reformation schism of the 16th century. Christian restrictions on usury require a specific insight that is developed next. Usury: Ancient philosophers and scholastic Europe Ancient philosophers took a strong stance against usury. Plato, Cicero, Seneca, Plutarch, and most importantly Aristotle condemned usury as an immoral and unnatural practice. The philosophical argument behind such a position was the sterile nature of money. For Aristotle money exist not by nature but by law15. For this reason, interest whether small or big cannot be justified. Nothing can be created out of nothing, and sterility is a definitive state. In spite of such hard philosophy, interest was common under the Athenian republic. It wasnt until the Lex Genucia reforms taken by the Republican Rome that Greek arguments against usury resurged and manifested in civil law: interest was outlawed altogether. In practice many ways of evading legislation where found. Under heavy debt, Julius Cesar established a ceiling of 12% per year on interest rates16 (we are far from the 20% per month existing in medieval India). Such rate eventually decreased to 4 percent. With the Christianization of the Roman Empire, prohibitions on usury would be institutionalized at the highest levels. The scholastic theology played an enormous role on interpreting and adapting the classical understanding of usury to the ecclesiastical rules. Usury was rapidly assimilated to theft and scholastics like Thomas Aquinas qualified usury as a violation of natural moral law: taking the same Aristotelian argument Aquinas affirmed that usury, from its use, a thing which produces nothing is applied to the
15
Visser
and
McIntosh
(1998)
16
Lewinson
(1999)
PAGE 9
A. PRUDENCIO
acquiring
of
gain
and
profit
without
any
work,
any
expense
or
any
risk17.
Under
the
scholastic
theology
many
interest
free
loans
were
created,
the
biggest
example
being
the
Monte
di
pitia.
Middle
Age
scholastics
made
of
usury
a
dogmatic
issue
and
filled
restrictions
on
usury
with
technicalities
that
left
big
loopholes
that
merchants
tried
to
identify
in
order
to
go
on
with
their
business.
For
instance
bankers
tied
many
of
their
loans
to
free
gifts
(deposits
in
discrezione)
that
were
nothing
more
than
covered
interest
charges18.
Dynamism
in
Florence
and
Venice
depended
on
many
of
those
schemes.
The
economic
reality
of
that
time
would
make
many
scholastics
realize
that
the
total
prohibition
of
usury
could
damper
the
development
of
the
clergy
and
the
nobility.
Several
ways
of
evading
the
dogmatic
considerations
on
usury
were
found
by
rich
merchants
trying
to
conciliate
an
economic
reality
with
a
theological
constraint.
At
the
same
time,
theological
constrains
were
analyzed,
debated
and
often
adapted
themselves
to
the
economic
reality.
Venice
merchants,
for
instance,
found
a
very
useful
way
of
applying
interest
through
the
use
of
the
exchange
rate.
Since
many
exchange
rates
fluctuated
and
communications
between
cities
took
weeks
and
even
months,
rate
differentials
provided
an
opportunity
for
merchants
to
bet
on
exchange
evolutions
and
make
big
gains
on
currency
exchanges.
This
practice
of
cambium
was
validated
by
scholastics
as
a
useful
function
of
facilitating
foreign
trade,
which
is
essential
to
the
support
of
human
life19,
although
many
of
them
knew
very
well
that
cambium
was
a
technique
used
to
procure
financial
gains.
Usury
came
to
be
linked
exclusively
with
loans,
and
if
there
was
a
way
to
avoid
the
appellative
of
loan
restrictions
on
usury
were
likely
to
go
unnoticed.
Prohibitions
on
usury
led
to
sophisticated
casuistry
that
discredited
scholastic
theology
and
economics.
The
modern
conception
of
usury:
from
Calvin
to
Adam
Smith
The
biggest
shift
with
the
scholastic
conception
of
usury
would
come
with
reformation.
The
scholastic
usury
theory
was
for
many
a
hold
on
the
development
of
17
Fifth
Lateran
Council
(1515)
PAGE 10
A. PRUDENCIO
capitalism.
The
famous
argument
by
Max
Weber
consisted
on
saying
that
medieval
economic
thought
impeded
catholic
Europe
to
achieve
the
necessary
steps
to
move
from
the
economic
stillness
of
the
Middle
Ages.
We
saw
however
that
in
spite
of
many
restrictions
on
usury,
the
scholastic
theory
in
spite
of
its
doctrinal
view
on
usury
tried
to
adapt
the
scripture
to
the
reality
by
justifying
practices
that
at
the
end
of
the
day
relied
on
the
same
principle
as
usury:
gains
originating
in
financial
transactions.
Was
the
scholastic
philosophy
unlucky
enough
to
focus
too
much
on
Aristotle?
Calvin
was
decided
to
take
a
different
theological
approach
towards
usury.
He
chaired
a
committee
that
investigated
interest
rates.
In
fact
Calvin
was
keen
on
understanding
the
reality
of
the
economic
system
and
adapt
the
scriptural
theology
to
that
reality20.
Rapid
economic
growth
showed
the
need
for
either
a
restatement
of
the
churchs
official
position,
subtle
modification
and
reinterpretation
of
it
in
favor
of
capitalist
activity,
or,
as
in
Calvins
case,
a
genuinely
theologically
informed
revision.
Calvin
swept
aside
centuries
of
scholastic
interpretation
and
justified
the
necessity
of
interest
rates
as
a
social
need.
Calvin
was
aware
of
the
abuses
of
usurers.
He
stated:
Of
course
it
would
be
good
to
desire
that
usurers
were
expelled
from
the
entire
world
and
that
the
name
became
unknown.
But
since
that
is
impossible
we
must
submit
to
a
common
utility.
By
common
utility,
Calvin
expressed
the
idea
that
usury
should
not
be
condemned
unless
it
is
contrary
to
equity
or
charity.
While
still
condemning
usury,
Calvin
moved
the
issue
to
the
level
of
common
sense
and
rationality.
Calvin,
as
we
know,
is
the
first
of
the
Christian
theologians
to
free
the
loan
at
interest
from
the
moral
and
theological
shame
which
the
Church
had
weighed
upon
it
until
then;
it
is
not
however
just
to
attribute
to
him
the
com-
plete
justification
of
liberal
capitalism.
His
views
on
riches
and
their
social
ends
led
him
to
insist
upon
a
very
strict
control
over
lending
at
interest;
he
had
prophetically
sensed
the
social
ravages
to
which
pure
liberalism
would
lead.21
20
Whykes
(2003)
and
Elliott
(1902)
21
Whykes
(2003)
PAGE 11
A. PRUDENCIO
interest. Calvin did not initiate capitalism, but he contributed to move it away from religion. 18th Century enlightenment would take the lead and finish to separate religion from economic thought. It would be however false to say that the condemnation of usury stopped with Calvin. Usury was from that point understood at excess and modern liberalism in spite of the laissez-faire doctrine also portrayed a very critical view. Adam Smith recognized the problems that prohibition on interest rates would have on the credit market. Even so he favored the imposition of an interest rate ceiling: This rate ought always to be somewhat above the lowest market price, or the price which is commonly paid for the use of money by those who can give the most undoubted security22. Smith justified this view on the fact that the social costs of high interest rates produce externalities that need to be dampened. According to Smith, speculative and risk-loving investors would tend to bring the interest rate up and would shift the available credit from risky projects to more productive business investments. Such shift would create a sub-optimal equilibrium that ceilings on interest rates could correct. Adam Smiths vision was slowly replaced by a more laissez-faire mentality. Although today, usury laws exist in many countries, the United States has only some State provisions but no federal policy on interest rates. As we saw, usury has been present throughout history and almost all civilizations have condemned it even if they implicitly allowed it. In the next paragraphs we will try to examine the reasons of such universal condemnation. By rationalizing the issue we will introduce the risks that high interest rates convey. Justification for the critique of usury Usury has been condemned almost in a universal way. From the Code of Hammurabi to Adam Smith there is something about usury that makes it dangerous. 22 Jadlow (1977) PAGE 12
A. PRUDENCIO
What is it? In the next paragraphs we make no explicit difference between usury as the excessive interest rate and usury as the interest rate altogether. The explanations we give are of different nature and the definition of usury can be applied transversally depending on the historical and cultural framework on which it is placed. Usury: unearned income The monotheist rejection of usury is based on the fact that biblically, it is immoral to obtain gain without any effort. The rationale for banning usury was expressed at the Lateran Council in those terms: This is the proper interpretation of usury when gain is sought to be acquired from the use of a thing, not in itself fruitful (such as a flock or a field) without labour, expense or risk on the part of the lender23. For religious scholars, profits must be the results of initiative, enterprise and efficiency, and interest is opposed to this idea. In other words, usury compromises the true dignity of ordinary labor. Some would qualify this argument as nave saying that it fails to take into account measures of risk and inflation. Interest rate is a function of those measures and also includes the intertemporal delayed gratification. However, the argument of the dignity of labor is no stranger to a generation that has seen immense private losses due to risky private bets that ended up being socialized. In business school we learn that real growth comes from intelligent investments. Taking huge risks, as the practice of hedging shows, always involves a winner and a looser (a short and a long position): condemning usury as a threat to productive investment makes sense. An interesting relationship between human beings and money is exposed by this particular justification of the restrictions of usury: is money a medium or an end by itself? Keynes had established that the love of money is at the root of the worlds economic problem24. In this sense, condemnation of usury as unearned income must be understood in the framework of the ambiguous psychological construct that links 23 As cited in Encyclopedia of Religions and Ethics - Visser and McIntosh, (1998) 24 Visser and McIntosh (1998) PAGE 13
A. PRUDENCIO
money and individuals under a specific culture and specific values. Those values can evolve, and so will the rules surrounding the activities they affect. For instance, money as an end to itself has become less of a problem in countries that have moved towards individualism, the US being the perfect example: I like money is an argument that many often utilize to justify career choices. The Ancient prohibitions on usury go beyond the social externalities that too much risk or not enough productive labor can produce: they give us an understanding of the relationship that human beings entertained with money at that time. Usury is a formal condemnation of the idea of money being an end in itself. Usury: exploiting the poor The almost universal condemnation of usury exposes as we have already showed, the opposition between those who profit from it and those who bear the cost. That opposition has always been analogous with the opposition between rich and powerful merchants (or bankers) and needy peasants and farmers. Probably the intention behind usury restriction was not to restrict loans, but to diversify the helpful loan from the oppressive loan. We saw that in India the indiscriminate use of usury created important impoverishment. The analysis of English colonists in India would describe the ravages caused by usurious practices: It is usury - the rankest, most extortionate, most merciless usury - which eats the marrow out of the bones of raiyat [the peasant] and condemns him to a life of penury and slavery in which not only is economic production hopeless, but in which also energy and will become paralyzed and man sinks down beaten into a state of resigned fatalism from which hope is shut out and in which life drags on wearily and unprofitably as if with no object in view.25 Poor people are indeed more exposed to usury. On one hand they are the most dependent on credit for absolute necessities. On the other, they often lack the necessary financial literacy to distinguish what they can potentially afford and what they cannot. In many third world countries the practice of usury is still current and has multiplied with the development of microfinance. In India, microloans from the 25 Habib (1964) PAGE 14
A. PRUDENCIO
microfinance banks were linked to exploitation and pressures on poor families to sell their belongings, leading in extreme cases to humiliation and ultimately suicides: microcredit can bring communities into debt from which they cannot escape. The rationale behind restrictions on usury is strongly based on the dangers that even low interest rates can have on poor households. Usury can represent a trap to impoverishment. Along with the fact that usury establishes an opposition between the rich and the poor, there is the impression that usury not only perpetuates this division but makes it even deeper. Islamic scholars condemn usury because it contradicts the principle of distributive equity : interest in any amount is a transfer of wealth from those who lack productive assets to those who accumulate them. There is empirical evidence that interest creates a regressive distributive phenomenon. For instance in Germany, in 1982 the poorest 2.5 million households paid net 1.8 billion deutschemarks in interest while the richest 2.5 million households received more than net 34 billion deutschemarks26 in interest. In addition, the marginal utility of 1 dollar of interest paid by a poor family is much greater than the marginal utility of 1 dollar of interest received by a rich creditor. The strong negative redistribution of wealth is probably the soundest economic argument against usury. Usury: economic instability From the economic perspective the main problem of an economy based on interest is the cyclical nature of boom, bust, recession and recovery. Keynes described the tendency of the interest rate to rise in times of economic growth and the risks of liquidity traps (due to low interest rates) in case of economic recessions. The interest rate is a signal that can precipitate many crisis and make the recoveries longer. Another argument that has been used against usury and interest in general is that it is the base of present value calculation. Interest as a measure of discounting
A. PRUDENCIO
is for some thinkers a logic that can lead to the economical rational extinction27 of resources. The greater the rate, the faster is the present use (or investment) in a particular asset. Under this assumption a consequence of interest rates is that in evaluating long term investment projects, particularly those in which the benefits and costs are separated from each other with a long time interval, the net present value rules guide the decision maker to maximize the utility of present generations at the expense of future ones28. For some ethicists usury corrupts the natural world and the social relations by establishing incentive mechanisms that do not reflect the reality of nature and represent a threat to sustainability. Conclusion The paper introduced several situations in which usury was criticized and regulated throughout history. It also introduced several explanations for regulations some moral and some based on a more realistic approach to economic fairness and economic performance. What the different justifications of usury show us is that regulation often appeared as a response to threats that were either real or in other cases the result of a cultural heritage without much factual support. In most cases, regulations where circumvented with sophisticated techniques or new theological assessments. In other cases moral condemnation was strong but regulation was hardly respected or enforced. What is clear is that the sense of economic fairness and the idea that usury could cause an imbalanced and unsustainable system pushed many cultures to redefine it and find solutions to the externalities that it could potentially cause. Regulation in most cases served a goal. The lack of regulation (the case of India) or the excess of regulation (scholastic theology) created hostile environments. Nevertheless, the rational approach to regulation (Calvin or Adam Smith) created more consistent theories and more convincing explanations to an almost universal problem. Usury is an example of the necessity of regulation. The difficulty will always lay on finding an adequate balance under which regulation can function correctly and serve its rational role. 27 Argument developed in Visser and McIntosh (1998) 28 Visser and McIntosh (1998) PAGE 16
A. PRUDENCIO
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