Ilya Somin of the Volokh Conspiracy blog at the Washington Post has capsules of two new books with a Libertarian bent, one of which is Markets Without Limits: Moral Virtues and Commercial Interests by Jason Brennan and Peter Jaworski. The main premise seems to be that activities deemed legal if done for no financial gain should also be permitted if there is a charge. Selling kidneys and sex are two chief examples. On the face of it, that makes a lot of sense, except…

What if placing a financial value on a kidney reduces the number of organs donated for free, making them unaffordable except to people who could bid the highest? Would we want the market regulating such a thing?

Prostitution would seem like an easier problem: It’s always existed, so let’s stop being silly and just legalize it. One argument against: If it was okay to have group-sex clubs (like the infamous Plato’s Retreat), wouldn’t that create a ground zero for STDs that could go beyond the participants? Couldn’t it be a public-health threat? Sure, people can arrange for such risky group behaviors for free now, but legalization would commodify and encourage them.

It always seems exciting to strip away regulations, but there are hardly ever simple solutions. At any rate, I look forward to reading the book. 

From Somin:

In Markets Without Limits, [Jason] Brennan and [Peter] Jaworski argue that anything you should be allowed to do for free, you should also be allowed to do for money. They do not claim that markets should be completely unconstrained, merely that we should not ban any otherwise permissible transaction solely because money has been exchanged. Thus, for example, they agree that murder for hire should be illegal. But only because it should also be illegal to commit murder for free. Their thesis is also potentially compatible with a wide range of regulations of various markets to prevent fraud, deception, and the like. Nonetheless, their thesis is both radical and important. The world is filled with policies that ban selling of goods and services that can nonetheless be given away for free. Consider such cases as bans on organ markets, prostitution, and ticket-scalping.•