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'The Mystery of Capital' by Hernando de Soto (don't laugh) finds glass walls that keep poor classes from growing assets into wealth

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The book 'MYSTERY OF CAPITAL: Why Capitalism Triumphs in the West and Fails Everywhere Else' by Hernando de Soto is a 2000 release that became the #1 best seller in the author's native Peru in 2003. Economists do not often become best-selling authors, but Hernando de Soto has made it his mission to identify the glass walls that divide the haves from the have-nots.

He puts a finger on the defining legal and economic barriers the poor face when trying to convert their assets into true capital. Capital is not just money, it is accountable and fungible legal assets that one can parley into true wealth.

Thru years of study in Peru, Egypt, Haiti, and Russia, de Soto found a bewildering array of steps to make one's abode and land legally recognized. I wish that I could show you one of the plates included in the book, showing the 168 steps (taking 13-25 YEARS) to formalize property in the Philippines. It somewhat resembles a circuit board, or maybe a seismograph. The one word that comes to mind is: Byzantine.

The former superpower Russia is lumped in with Latin America as a an example of an area that is trying to build capitalism without capital. They have also "shared the same political, social, and economic problems: glaring inequality, underground economies, pervasive mafias, political instability, capital flight, and flagrant disregard for the law."

Contrary to common assumptions, the peasant is not without assets. The poor own land (altho with extralegal paperwork), they have buildings, they save, sometimes they have fairly significant business income. (De Soto estimates the total value of real estate held but not formally owned by the poor of the Third World and former Communist nations is at least $9.3 trillion - ie twice the US money supply.) But they are cut off from the benefits of having their holdings formalized.

"Extra legal businesses," De Soto explains, "are taxed by the lack of good property law and continually having to hide their operations from the authorities. Because they are not incorporated, extralegal entrepreneurs cannot lure investors by selling shares; they cannot get low interest formal credit because they do not even have legal addresses. They cannot reduce risks by declaring limited liability or obtaining insurance coverage. In fact, the only 'insurance' available to them is that provided by their neighbors and the protection that local bullies or mafia are willing to sell them. Moreover, because extralegal entrepreneurs live in constant fear of government detection and extortion from corrupt officials, they are forced to split and compartmentalize their production facilities between many locations, thereby rarely achieving important economies of scale. With one eye always on the lookout for police, underground entrepreneurs cannot openly advertise to build up their clientele or make less costly bulk deliveries to customers."

He also points out how farmers strapped for credit often find it only through drug traffickers, and so have little choice of growing anything other than coca or other illegal products.

The land reforms attempted thus far have focused more on creating accurate maps rather than reducing bureaucracy or formalizing the informal documentation. What we have forgotten in the Western world was the slow process of formalizing property in Europe in the 1700's and 1800's - and the Homestead and other land grant programs in American history that merely recognized people who were already living on and farming the land.

I see a warning flag go up when foreign investment in Third World nations directly benefits, as de Soto says, only the 10% or so who have legal rights to capital. The poor see the gap between the haves and the have-nots widening instead of closing. Of course they rebel and blame capitalism, when in truth it is their own politico-legal system that is shutting them out. The official, legal receivers of foreign aid and investment hardly have any suitable places to invest that money - unless they finally wise up and formalize the informal paperwork that already exists.

De Soto points out that the migration of the poor from the country to the cities is progressing so fast that it aggravates the problem of how to harness all their economic potential. I am disturbed that the poor are leaving what little they do have - family farms and houses and crops - for a share of nothing in the big cities. In places like China they make much more money per month, but with higher expenses of rent and no chance of ownership of even a small home.

Basic Books, 2000, paperback -- 276 pages
Winner of the Antony Fisher International Memorial Award for 2001

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{"commentId":1034744,"authorDomain":"MinnieApolis"}

PS - In an episode of American history that is never mentioned in high school classes, the states have ignored a Supreme Court ruling because it just did not conform with common practice. In 1821, the ruling on Green vs. Biddle declared Kentucky's occupancy law unconstitutional. "The case involved the heirs of large landowner, John Green, and Richard Biddle, a squatter who had settled upon Green's land illegally. The disputed land had originally been in Virginia but was now part of Kentucky. In Green vs. Biddle, the Supreme Court rules against Kentucky's occupancy law by pointing to 'rules of property' established under the precedents of English common law."
The Biddle decision was lambasted in view of the reality of the frontier, where people who actually lived on the land improved it, and surveying was rudimentary at best. Furthermore, it stood to create a backlog of litigation on issues that had been settled for years. A Kentucky judge two years after the Supreme Court decision openly rejected it, saying that it had been reached by only 3 of the (then) 7 justices, "and being the opinion of less than a majority of the judges cannot be considered as having settled a constitutional principle." Between 1834 to 1856, California and several mid-western and southern states adopted occupancy laws similar to the Kentucky law rejected by the Supreme Court. Finally the Congress too passed a law extending the protection of Federal courts to occupants. Never was a ruling so completely repudiated by the state legislatures and courts.
My point in detailing this battle is to show there is hope yet of repudiating the disastrous Supreme Court ruling regarding condemning private property for private profit. Some states have taken the initiative of passing legislation contrary to the Supreme Court, and I hope that others follow suit.

{"commentId":1034744,"threadId":"152014","contentId":"970446","authorDomain":"MinnieApolis"}
  • 1 vote
Reply#1 - Wed Sep 19, 2007 12:34 AM EDT
{"commentId":1040771,"authorDomain":"dawgstar"}

This may be completely off topic, I'm no economist, but I wonder how the issue of the rich vs poor in the US is continually being tilted toward the former as regards real estate in the arena of 'development'. It seems to me that one of our critical issues in the US is the way developers can swoop in and do huge land deals, thus grabbing acres or blocks of suburban or city real estate and yanking them out of the reach of individuals hoping to buy a lot, or house or whatever.

Guess there's the basic critical issue of people actually participating in their local zoning boards, etc. What's a peasant to do? How can they/we fight the economic sway of the developers, which will always overwhelm that of the individual?

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  • 1 vote
Reply#2 - Fri Sep 21, 2007 10:40 AM EDT
{"commentId":1043913,"authorDomain":"MinnieApolis"}

Actually there are local citizens groups that do some kind of zoning review. I do not know if there is anything in your community, but in Minneapolis there is NokomisEast.org and similar groups.
Not sure how you would locate a group in your area, as the press does not always do a good job of covering this issue.
Google 'affordable housing' plus your city? Contact the housing dept in your local govt office and maybe they can give you a contact person.
I wrote a little bit about the Nokomis East group as part of a larger article on Minneapolis housing, and that can be found on Newsvine if you care to dig it up. Probably back in June, title was something like 'Twin Cities Realty gets a reality check'...

{"commentId":1043913,"threadId":"152014","contentId":"970446","authorDomain":"MinnieApolis"}
  • 1 vote
Reply#3 - Sat Sep 22, 2007 1:10 PM EDT
{"commentId":1044296,"authorDomain":"SVForbes"}
Not sure how you would locate a group in your area, as the press does not always do a good job of covering this issue.

If there isn't one, people can start one, ensuring to send out press releases prior to meeting with town officials.

{"commentId":1044296,"threadId":"152014","contentId":"970446","authorDomain":"SVForbes"}
  • 1 vote
#3.1 - Sat Sep 22, 2007 3:51 PM EDT
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{"commentId":1045286,"authorDomain":"eriktheread"}

I think a lot of us can cite personal examples of these glass walls. Of course there are some that quite voluntarily join the "black money" community in order to make money illegally, but governments and institutions (like banks) also make regulations that no one can comply with. My personal experiences are insignificant when compared to the situation described in the article, but I do see how they work. Try getting your belongings into China without the right paper work :-). This past year my life has been in transition and I find it hard to fill in just ordinary forms. What is your phone number, where do you live, what is your annual income. I don't have a phone, I live nowhere and have no income. So I have to make things up as I go. I should like to replace my second credit card, but that is quite impossible, I won't even try. But if I wanted to I could avoid taxes completely and if someone wanted to sue me, I'd be like a wet piece of soap.

Some countries have large black economies, Italy being a prime example. It completely distorts the gross national product, and the Italian government must have a hard time figuring out what exists and what does not.For every new regulation there will be a new way of getting out of it. Don't ask an Italian man to bring his wife, he probably hasn't seen her for decades and has no idea where she lives. Ask him in stead to bring his companion.

{"commentId":1045286,"threadId":"152014","contentId":"970446","authorDomain":"eriktheread"}
  • 1 vote
Reply#4 - Sat Sep 22, 2007 11:49 PM EDT
{"commentId":1045327,"authorDomain":"O-K"}

Excellent. I want to reread this before commenting.

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    Reply#5 - Sun Sep 23, 2007 12:07 AM EDT
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