[net.politics.theory] Pollution

laura@l5.uucp (Laura Creighton) (12/17/85)

In article <879@mmintl.UUCP> franka@mmintl.UUCP (Frank Adams) writes:
>
>The problem with this solution for the libertarians is that it requires
>a powerful central government, with the ability to collect taxes.  I
>don't see any solutions which are compatible with libertarian ideas on
>government.
>
>(I do quibble with the details of how our government deals with the problem.
>Instead of regulations limiting the permitted pollutants, there should be
>taxes on the amount of pollutants emitted, with an effort made to match
>the tax to the costs imposed on others thereby -- this is hard to do when
>health and life are at stake, but not impossible.  This would not diminish
>the need for a powerful central government.)
>

Frank, what you have come up with is one of the standard libertarian
solutions to such a problem.  There are other ones.  But those are not
taxes that you are getting your government to collect but fines or
fees -- unless you plan on making everybody pay for the damage done
by Joe Polluter's factory.


-- 
Laura Creighton		
sun!l5!laura		(that is ell-five, not fifteen)
l5!laura@lll-crg.arpa

torek@umich.UUCP (Paul V. Torek ) (01/27/86)

Do janw et. al. accept my assessment of janw's scheme for dealing with
pollution?  Or have they not seen my latest reply on the subject (about 2
weeks ago)?

By the way, I'll try to get around to my critique of Nozick on this subject
soon.  Then you'll have to defend Nozick, or come up with something better.

--Paul V. Torek							torek@umich

janw@inmet.UUCP (01/28/86)

[--Paul V. Torek       torek@umich]
>Do janw et. al. accept my assessment of janw's scheme for dealing with
>pollution?  Or have they not seen my latest reply on the subject (about 2
>weeks ago)?

There was a hiatus in communication. I am reposting, below, my response to
the last items I saw.

>By the way, I'll try to get around to my critique of Nozick on this subject
>soon.  Then you'll have to defend Nozick, or come up with something better.

I'm looking forward to it. Arguing with you is a pleasure. Let's disagree,
always :-).

[flink@umcp-cs]
>ONE of those individuals is the (would-be) polluter and the other is the 
>(would-be) victim, and if a person has a RIGHT -- a "moral trump card", a
>la most libertarianisms I know of -- not to be imposed upon without consent,
>then the polluter must compensate the victim according to the victim's
>opinion of the worth of his own life, PERIOD, and tough toenails for the
>would-be polluter.

If the right is all on *one* side and if the violation is in  the
*future*  ("would-be  polluter")  then  you are absolutely right.
Both conditions are necessary.
E.g., if I propose to buy your  car  and  you  refuse,  no  court
should  be  able  to appoint a price at which you *have* to sell.
Thus, eminent domain is morally unjustifiable.
Now suppose I smashed your car in an accident. Compensation  will
*not*  be  determined  by  you  unilaterally  (e.g.,  a pound of
flesh). I am wrong, but I still have my rights.

Now consider two people breathing in a stuffy  room.  *Both*  are
polluters,  both  victims  and  by the same process. None holds a
moral trump card. If, for whatever reason (say,  a garlic  diet),
one  pollutes  *more*,  there  is  still  no trump card - it is a
matter of degree; he has a right to breath;  finite  compensation
is appropriate.

"A right not to be imposed upon" is ambiguous.
You interpret it as "right not to be harmed or inconvenienced".
By your definition, if the *existence* of someone gets on
my nerves and shortens my life, that person owes me whatever
I ask (such as to terminate his existence). And for some
reason you consider this bizarre position libertarian.

On this net you have a considerable collection  of  libertarians,
no  two  of  which agree on everything. I'll bet you that not one
accepts the above position. You have *not* to my knowledge  logi-
cally  deduced it from any clearly formulated principle they *do*
recognize.

>>>>[T. Dave Hudson:] But in legal matters, it is sometimes necessary
>>>>to  assign  a value to something. (Unfortunately, this is abused,
>>>>as in taxation and eminent domain.)

>>>Or as in janw's scheme.  No?  Why is it that libertarians forget their
>>>libertarianism at the most convenient moments?

No. See above. Pollution is morally superior to confiscation. 
It is fair for the garlic eater to compensate his roommate;
it is not fair for the roommate to throw him out and then 
compensate him. One uses *his* right and incidentally 
hurts another. The other has no right behind his action.

		Jan Wasilewsky

desj@brahms.BERKELEY.EDU (David desJardins) (02/25/86)

In article <28200611@inmet.UUCP> janw@inmet.UUCP writes:
>..........
>Both conditions are necessary.
>E.g., if I propose to buy your  car  and  you  refuse,  no  court
>should  be  able  to appoint a price at which you *have* to sell.
>Thus, eminent domain is morally unjustifiable.

   When you use words like "should," it seems you take on the
responsibility to justify what you say, and not just present it
as a fact.  It seems to me that there are many examples where it
is in the public interest to do precisely what you refer to above.
   For example, suppose I patent an invention and then refuse to
allow it to be used.  Is it not in the public interest to require
that I make my invention available to others at a reasonable price?
Or suppose I have a natural monopoly on the production of some
essential item.  Should I be allowed to take advantage of this to
wield power over individuals?
   Note that the problem as stated would never occur for rational
individuals, since to a rational being the value of every commodity,
even his life, is finite.  But (1) not all individuals behave
rationally, and (2) an equivalent problem occurs if I seek to form
a monopoly and demand unreasonable profits.  Government intervention
becomes necessary (or at least desirable) in both of these situations.

>Now suppose I smashed your car in an accident. Compensation  will
>*not*  be  determined  by  you  unilaterally  (e.g.,  a pound of
>flesh). I am wrong, but I still have my rights.

   Why is there a difference?  If the cost to you is the same,
why should the compensation differ.  It seems that it is your
position which is logically unjustifiable.

>Now consider two people breathing in a stuffy  room.  *Both*  are
>polluters,  both  victims  and  by the same process. None holds a
>moral trump card. If, for whatever reason (say,  a garlic  diet),
>one  pollutes  *more*,  there  is  still  no trump card - it is a
>matter of degree; he has a right to breath;  finite  compensation
>is appropriate.

   No question here.

>"A right not to be imposed upon" is ambiguous.
>You interpret it as "right not to be harmed or inconvenienced".
>By your definition, if the *existence* of someone gets on
>my nerves and shortens my life, that person owes me whatever
>I ask (such as to terminate his existence). And for some
>reason you consider this bizarre position libertarian.

   It seems that *you* are the one who has said that the individual,
not the courts, decides the cost.  Agreed the position as stated is
absurd, but if we modify it so that the cost is decided by the courts
(what I will call the "true cost") then it seems perfectly correct.
   You have to be careful here.  Suppose we postulate the existence
of a parasitic life form, which cannot exist without harming another
individual.  My position would be that its continued existence would
be dependent on its willingness and ability to pay the cost (the true
cost, not whatever may be asked) to the host of its existence.
   Is your position that if the parasite has no ability to pay then
its right to exist should override the host's rights to avoid
inconvenience?  This seems to be what you are saying...

   -- David desJardins

   [Note: the above can be reread in two ways.  First let "parasitic
list form" = "vampire," and consider whether it has a right to suck
your blood.  Then let "parasitic life form" = "human fetus" and consider
whether it has a right to be carried to term.]

Disclaimer: I am not a libertarian.  To some this will be sufficient
reason to ignore everything I say...

js2j@mhuxt.UUCP (sonntag) (02/26/86)

> In article <28200611@inmet.UUCP> janw@inmet.UUCP writes:
> >..........
> >Both conditions are necessary.
> >E.g., if I propose to buy your  car  and  you  refuse,  no  court
> >should  be  able  to appoint a price at which you *have* to sell.
> >Thus, eminent domain is morally unjustifiable.
> 
>    When you use words like "should," it seems you take on the
> responsibility to justify what you say, and not just present it
> as a fact.  It seems to me that there are many examples where it
> is in the public interest to do precisely what you refer to above.
>    For example, suppose I patent an invention and then refuse to
> allow it to be used.  Is it not in the public interest to require
> that I make my invention available to others at a reasonable price?

      The fact that something would be in the public interest is far
from sufficient justification for the government to 'require' anything.
Suppose the invention above allowed the inventor to produce, say, steel,
at a fraction of the normal production costs of his competitors.  I'm
sure the competitors would be happy to agree with you, that this unsharing
inventor should have to share his invention with them.  Would this
*really* be in the public interest? It certainly would drive down the
cost of steel, and steel using products, as the inventor could otherwise
charge only slightly less than his competitors.  What other effects could
we expect to see?  Other inventors emigrating to more reasonable countries,
rather than let their inventions be taken from them by force here?  A
general loss of pride as people realize that the country they live in isn't
really 'free'?  These hidden costs are not negligible.

>    It seems that *you* are the one who has said that the individual,
> not the courts, decides the cost.  Agreed the position as stated is
> absurd, but if we modify it so that the cost is decided by the courts
> (what I will call the "true cost") then it seems perfectly correct.

     If you accidentally wreck my car, I'm perfectly willing to let the
courts decide on how much compensation you should give me.  If you want
to contract to wreck my car every week, I want to be able to decide how
much to charge you myself, godammit!  BTW, using the term 'true cost'
for the number the fallible court comes up with is a pretty misleading form
of argument.  

>    You have to be careful here.  Suppose we postulate the existence
> of a parasitic life form, which cannot exist without harming another
> individual.  My position would be that its continued existence would
> be dependent on its willingness and ability to pay the cost (the true
> cost, not whatever may be asked) to the host of its existence.

      Seems consistant with your position.  Makes me want to barf.  Doesn't
matter what the 'host' (more accurately, victim) wants?  If the court
decides that a meal for Dracula is worth $100,000 to the slightly drained
hosts, you'd be willing to help hold them down, huh?  Even if they're 
screaming: 'No!  Not for any amount of money!'
> 
>    -- David desJardins
-- 
Jeff Sonntag
ihnp4!mhuxt!js2j

rab@well.UUCP (Bob Bickford) (03/02/86)

<BUG?!>

In article <12032@ucbvax.BERKELEY.EDU>, desj@brahms.BERKELEY.EDU (David desJardins) writes:
> In article <28200611@inmet.UUCP> janw@inmet.UUCP writes:
> >..........
> >Both conditions are necessary.
> >E.g., if I propose to buy your  car  and  you  refuse,  no  court
> >should  be  able  to appoint a price at which you *have* to sell.
> >Thus, eminent domain is morally unjustifiable.
> 
>    When you use words like "should," it seems you take on the
> responsibility to justify what you say, and not just present it
> as a fact.  It seems to me that there are many examples where it
> is in the public interest to do precisely what you refer to above.
>    For example, suppose I patent an invention and then refuse to
> allow it to be used.  Is it not in the public interest to require
> that I make my invention available to others at a reasonable price?

  It may be that others may benefit if you are forced to make it
available, but this is not a morally acceptable reason for so forcing
you.  The loss of a *potential* benefit is no loss at all.

> Or suppose I have a natural monopoly on the production of some

  There is no such thing as a natural monopoly.  Monopolies only
persist when enforced by government.

>                (2) an equivalent problem occurs if I seek to form
> a monopoly and demand unreasonable profits.  Government intervention
> becomes necessary (or at least desirable) in both of these situations.

  If you demand unreasonable profits (aside: define unreasonable. prove
the reasonableness of your definition) then I can open up a competing
business making smaller profits and thereby serve the public better.
The only thing you can do to stop me (in a free market) is to lower
your prices.  Clearly, this also serves the 'public interest'.


-- 
       Robert Bickford     (rab@well.uucp)
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|  I doubt if these are even my own opinions.  |
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