Florida Law Review Volume 71 Issue 2 Article 4 Regulation and the Marginalist Revolution Herbert Hovenkamp Follow this and additional works at: https://scholarship.law.ufl.edu/flr Part of the Antitrust and Trade Regulation Commons Recommended Citation Herbert Hovenkamp, Regulation and the Marginalist Revolution, 71 Fla. L. Rev. 455 (). Available at: https://scholarship.law.ufl.edu/flr/vol71/iss2/4 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized editor of UF Law Scholarship Repository. For more information, please contact
[email protected]. Hovenkamp: Regulation and the Marginalist Revolution REGULATION AND THE MARGINALIST REVOLUTION Herbert Hovenkamp* Abstract The marginalist revolution in economics became the foundation for the modern regulatory State with its “mixed” economy. For the classical political economists, value was a function of past averages. Marginalism substituted forward looking theories based on expectations about firm and market performance. Marginalism swept through university economics, and by 1920 or so virtually every academic economist was a marginalist. This Article considers the historical influence of marginalism on regulatory policy in the United States. My view is at odds with those who argue that marginalism saved capitalism by rationalizing it as a more defensible buttress against incipient socialism. While marginalism did permit economists and policy makers to strike a middle ground between laissez faire and socialism, the “middle ground” tilted very strongly toward public control. Ironically, regulation plus private ownership was able to go much further in the United States than socialism ever could because it preserved the rhetoric of capital as privately owned, even as it deprived firms of many of the most important indicia of ownership.