[net.politics] pollutics - politics of pollution

trc@houti.UUCP (06/14/83)

     In response to Jon White's  note  on  the  free  market  and
     pollution:

     The railroads, monopolies, and so forth  have  already  been
     extensively  discussed, so I wont go into that here.  I will
     address the question of pollution and the free market.

     A free market does not imply that  "anything  goes".   Under
     capitalism,  all  individuals  have  certain  rights, and by
     definition of "rights", all  individuals  must  respect  the
     rights  of others.  Any damage done to another, or another's
     property,   violates   that   other's   rights.    If   done
     intentionally   (IE   with   knowledge   of   the   damaging
     consequences),  or   irresponsibly   (IE   without   seeking
     knowledge  of  potential  harm),  such an act is criminal. A
     victim of a crime is entitled to full restitution.   On  the
     principle  that  no  criminal should benefit from his crime,
     any remaining profits from the crime should  be  taken  away
     and  held  to  be claimed by any other victims. In addition,
     the legal system has costs that must be covered,  which  the
     criminal should be responsible for.

     In the case of pollution, the victims  would  only  need  to
     show  that  they  have  been harmed, or are being exposed to
     slow harm.  In the case of Love Canal, the  crime,  if  any,
     was  probably fraud - not revealing the existence or meaning
     of the materials to buyers.  I do not  know  whether  Hooker
     Chemical was guilty of this.

     If Hooker were fully to  blame,  they  would  bear  the  $70
     million cost, plus a fine.  Any capitalist would not risk an
     almost certain loss of $70 million just to save a  quick  $5
     million.   If he knew that proper laws to protect individual
     rights were in effect, and that an action would  harm  those
     rights,  he  would  not  do it.  That is how the free market
     works.  It is free people  making  rational  choices  in  an
     environment   that   demands   only  that  they  accept  the
     consequences of their actions.

     The free market would  allow  protection  of  human  rights.
     Some  might  protest  that  it  does not protect "rights" of
     animals.  In a strict sense, human rights must  always  take
     precedence over animal rights.  Since torture is not a human
     right, an animal should have a  right  not  be  be  tortured
     needlessly.   However,  these  limitations  do  not  prevent
     individuals from valuing the lives of  such  creatures,  and
     seeking  to protect them.  The right way to do that would be
     for nature lovers to purchase some land, and set it up as  a
     private preserve, for their private enjoyment of the natural
     wildness.  Since much of the land that is still wild is land
     that  has  low value for other purposes, they should be able
     to pick up  some  bargains.   

             Tom Craver
             houti!trc