If people are free to discriminate in favor of, or against, a university or wine, what argument can be made against their having that same right with respect to choosing based on the race or sex characteristics of their mates, employees, tenants, or club members? If one shares the value of freedom of association, why should some associations be permitted and others denied? If a man is not permitted to bring a court action against a woman who refuses to deal with him, in form of a dating or marital relationship or for any arbitrary reason she chooses, what is the case for bringing court action for other refusals to “deal,” such as in employment, renting or selling a house, or club memberships?…

…Refusal to deal can apply to any setting, including activities like marriage, friendship, invitations to social gatherings and golf games, all of which might affect one’s “life chances.”…

…These visions of prejudice expose analysts to the pitfalls of making ambiguous statements and advancing faulty arguments. A useful operational definition of prejudice can be found by examining its Latin root- praejudicium, meaning “to judge before the facts are known.” Thus, we might define prejudicial acts as decision-making on the basis of incomplete information.

That kind of decision-making, before facts are known, is necessary and to be expected in a world of scarcity, uncertainty, complexity, costly information-and often erroneous interpretation of that information. Furthermore, different individuals might arrive at different interpretations even if confronted with the same information. Also, different people reach different decisions on just what constitutes the optimal quantity of information to gather prior to making decisions…

Information is not costless. To acquire an additional unit of it requires a sacrifice of time, effort, or other resources. People therefore seek to economize on information cost. In doing so, they tend to substitute less expensive forms of information for more expensive forms. Physical attributes are “cheap” to observe.

– Walter E. Williams, Race and Economics

To criticize occupational licensing laws is not to argue that information about the quality of a licensee’s services is not important to consumers. However, it is by no means clear that licensing is the most effective way to provide that information. Indeed, licensing may lower the “received” quality of the service in question. By making entry costs higher, there are fewer practitioners, which, as noted above, increases the cost of the service rendered and leads some consumers to resort to do-it-yourself methods that generally results in a lower-quality end product. For example, even the electrician who failed a licensing examination, scoring 65 when a score of 70 was necessary to pass, is likely to know more about electrical work and safety measures than the average consumer who undertakes a do-it-yourself project because he cannot afford to hire a licensed practitioner.

 

In addition, higher standards imposed by licensing requirements make consumers as a whole worse off. A spectrum of quality, from high to low, is consistent with the optimal stock of goods and services. Being forced to purchase a higher-quality good or service, when a lower-quality would suffice or is what the customer wants, hurts consumers economically. For example, in the name of safety, a law could be enacted requiring that the only cars that can be sold are those whose occupants would emerge uninjured after a fifty-mile per hour collision. However, such cars would cost so much that most people could not afford to buy them. The existence of less crashworthy cars is clearly part of the optimal stock. People are always better off if they have knowledge about quality and the right to choose quality levels.

 

There are methods to produce information about quality without having the restrictions imposed by occupational licensing. Certification is one method. A practitioner can take a test and, if he scores in the 90s, have the right to declare himself a Class A practitioner; an 80, a class B practitioner; and so on. Such a method would give consumers information about quality while leaving them free to choose.

– Walter E. Williams, Ph.D., Race and Economics