To: paul_philp who wrote (59570 ) 12/3/2002 7:36:59 AM From: Ilaine Read Replies (2) | Respond to of 281500 DeSoto's arguments puzzle me, probably because he's an economist and not a lawyer. He seems to have struggled very hard, all on his own, to arrive at a set of rules or precepts which have been embodied in his own Peruvian civil code for decades, if not hundreds of years, that can be traced back to Roman law, as codified in the Corpus Juris Civilus of Justinian, circa 530 AD, drawing on classic texts that reach back to the first century AD and maybe earlier. For example, he talks about using property as collateral. In civil law, this is called hypothecation or pledge -- the ancient Greeks did it hundreds of years before Christ. He seems to struggle very hard to explain what ought to be self-evident -- that investors are relucant to loan money unless they have some assurance that they will be repaid. I know nothing about the Peruvian legal system, but I am very familiar with the civil codes of France and Germany, which influenced the Peruvian civil code (1936). Civil codes from country to country share many similarities. I know absolutely nothing about the Peruvian system of land records and the actual Peruvian court system, but de Soto's generalities are of no help in this. However, it seems to me that he is saying that Peruvians need a better land recording system. We take ours for granted, but as de Soto points out, it took a while for the US to adopt the systems we have. I am very familiar with the US system of land records. It does require a high level of precision -- proper surveys, proper recording on the right kind of archival material, proper maintenance of records, proper storage of archives, and lots of lawyers, not to mention title searchers, surveyers, mortgage companies, title companies. Searching titles doesn't stop at land records, either. Ownership of property can be affected by birth, marriage, divorce, death, judgment, unpaid taxes, tax liens, and so forth. The other part of the process is enforceability of contracts at law, and the ability to collect judgments. Too complicated to go into, but I am sure that in theory these are possible in Peru. If Peru doesn't have such systems, then they need them, I agree. But I find this to be a curious argument coming from an economist. The argument which seems most consistent with economic theory, that the Third World would be better off if it could monetize assets, he seems to downplay, and that puzzles me, as well. Adam Smith was the first person I read who argued that capital needs to circulate, which means paper money and electronic money. Alexander Hamilton understood this. So did the hapless John Law. And Alan Greenspan does a fairly good job of it, incredibly good when compared to the Federal Reserve of 1929-33.