The Cyclical Profit Motive

D. Russell
{"title":"The Cyclical Profit Motive","authors":"D. Russell","doi":"10.2139/SSRN.2995042","DOIUrl":null,"url":null,"abstract":"Today, the American administrative state is one in which public officials carry out their day-to-day tasks in return for a salary. However, as Nicholas Parrillo argued in his well-regarded book, Against the Profit Motive, the early American administrative state functioned quite differently — “[j]udges charged fees for transactions in the cases they heard...Tax investigators received a percentage of the evasions they discovered...Clerks deciding immigrants’ applications for citizenship took a fee for every application...Even diplomats could lawfully accept a ‘gift’ from a foreign government upon finalizing a treaty.” \n \nThis prior system of compensation could be thought of as “profit seeking\" — a system of administration whereby public officials carry out their duties in return for payment on a task-by-task basis. This system assumedly contrasts with today’s salary compensating, or “nonprofit seeking” system. In fact, it is generally accepted that, as to the profit/nonprofit seeking transition, at a certain point a confluence of factors made profit seeking no longer tenable within the administrative state, ultimately securing nonprofit seeking's supremacy. But, is this assertion really true? \n \nThis paper challenges the currently accepted understanding of the administrative state’s profit/nonprofit seeking transition — as unidirectional and permanent one. Instead, clear evidence exists to prove that profit/nonprofit seeking transitions operate cyclically — it is more often the case that given areas of administrative law swing between profit seeking and nonprofit seeking based on each system’s utility. Furthermore, the cyclicality of these transitions has huge implications for how we think about statutory administration and that the private sector's role in it is significantly larger that currently understood.","PeriodicalId":233762,"journal":{"name":"U.S. Administrative Law eJournal","volume":"3 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2017-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"U.S. Administrative Law eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2139/SSRN.2995042","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

Today, the American administrative state is one in which public officials carry out their day-to-day tasks in return for a salary. However, as Nicholas Parrillo argued in his well-regarded book, Against the Profit Motive, the early American administrative state functioned quite differently — “[j]udges charged fees for transactions in the cases they heard...Tax investigators received a percentage of the evasions they discovered...Clerks deciding immigrants’ applications for citizenship took a fee for every application...Even diplomats could lawfully accept a ‘gift’ from a foreign government upon finalizing a treaty.” This prior system of compensation could be thought of as “profit seeking" — a system of administration whereby public officials carry out their duties in return for payment on a task-by-task basis. This system assumedly contrasts with today’s salary compensating, or “nonprofit seeking” system. In fact, it is generally accepted that, as to the profit/nonprofit seeking transition, at a certain point a confluence of factors made profit seeking no longer tenable within the administrative state, ultimately securing nonprofit seeking's supremacy. But, is this assertion really true? This paper challenges the currently accepted understanding of the administrative state’s profit/nonprofit seeking transition — as unidirectional and permanent one. Instead, clear evidence exists to prove that profit/nonprofit seeking transitions operate cyclically — it is more often the case that given areas of administrative law swing between profit seeking and nonprofit seeking based on each system’s utility. Furthermore, the cyclicality of these transitions has huge implications for how we think about statutory administration and that the private sector's role in it is significantly larger that currently understood.
周期性利润动机
今天,美国的行政国家是一个政府官员执行日常任务以换取薪水的国家。然而,正如尼古拉斯·帕里略(Nicholas Parrillo)在其备受推崇的著作《反对利润动机》(Against the Profit Motive)中所指出的那样,早期美国行政国家的运作方式截然不同——“法官在他们审理的案件中收取交易费用……税务调查人员从他们发现的逃税行为中收取一定比例的佣金。负责移民入籍申请的办事员对每份申请都要收费。即使是外交官也可以合法地接受外国政府在敲定条约后赠送的‘礼物’。”这种优先的补偿制度可以被认为是“逐利”- -这是一种行政制度,公职人员在执行任务的基础上按任务支付报酬。这种制度被认为与今天的薪酬补偿或“非营利性”制度形成对比。事实上,人们普遍认为,对于营利性/非营利性的过渡,在一定程度上,各种因素的汇合使营利性在行政国家内不再站得住脚,最终确保了非营利的至高无上地位。但是,这个论断真的正确吗?本文对目前公认的行政国家追求盈利/非营利转型的单向性和永久性理解提出了挑战。相反,有明确的证据证明,追求利润/非营利的转变是周期性的——更常见的情况是,特定的行政法领域在追求利润和追求非营利之间摇摆,这是基于每个系统的效用。此外,这些转变的周期性对我们如何看待法定行政以及私营部门在其中的作用比目前所理解的要大得多有着巨大的影响。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信