[net.politics.theory] Pollution: no libertarian soluti

nrh@inmet.UUCP (12/17/85)

>/* Written  4:13 pm  Dec 14, 1985 by torek@umich in inmet:net.politics.t */
>/* ---------- "Re: Pollution: no libertarian solut" ---------- */
>In article <618@calgary.UUCP> radford@calgary.UUCP (Radford Neal) writes:
>>This isn't particularly surprising. All political philosophies have
>>similar "weak points", arising because they are social approximations
>>to more base moral principles. I don't think it is a valid argument against
>>libertarianism to point this out.
>
>It depends.  If you regard your libertarianism as logically derived from
>certain moral "axioms" (whether or not you regard the "axioms" as provable),
>then it IS a valid argument.  If you fudge your logical derivation at any
>point in such a system, you ruin the whole system.
>
>If you regard your libertarianism as merely an attempt to systematize some 
>conflicting intuitions, then you shouldn't be worried by the pollution
>argument.  However, first, I wonder how anyone could admit that this is the
>only foundation of his ethical views, and still be a libertarian -- after
>all, libertarians seem to be pretty dogmatic about exceptionless rules.

Perhaps some libertarians are.  In our discussion regarding suicide, though,
I pointed out a case where a principled libertarian would violate another
person's property rights, (he's willing to pay the reasonable penalty
for assault rather than let his (temporarily insane) friend kill himself),
so you've at least some experience of non-dogmatic exception-prone
libertarianism.

Also, to be able to derive the answers to every single social problem,
particularly one as thorny as pollution, would render libertarianism
utopian -- a fate it does not deserve.

I offer one hopefully interesting observation about questions such
as pollution and prisoner's dilemma problems.  Both of these can,
in fact, be solved in principle (pollution by a nightmarishly complete
enumeration and enforcement of property rights by impartial judges,
and prisoners dilemma by stepping outside the "one-transaction-only"
scenario and allowing repeated and enforceable contractual relationships).

That these things are soluble in principle doesn't mean that they can
be solved in practice, but that no practical solutions are known doesn't
imply that none will be found.   Thus one can be a democrat and
agree that people will vote wrongly now and then, a socialist and agree
that the government will badly misallocate funds due to the calculation
problem, and a libertarian and agree that the ecosphere may be 
somewhat abused.  Any one of these positions is reasonable so long
as solutions remain possible,  the problems not fatal, and the
alternatives no better.

In short, one can be a principled libertarian without knowing just
exactly how much use constitutes enough when claiming land, or just
how little constitutes giving it up.  (Just as one can be for 
the income tax without being able to quote the IRS manuals at length).

I believe that there's lots of middle ground between the idea of
libertarianism as a sort of social geometry -- invalid if any grey
areas or conflicts can be shown to exist, and libertarianism as a sort
of vague response to intuition.  One can be reasonable while admitting
one doesn't know everything, and one can advocate a course without
knowing just exactly how many steps one must take to complete it.

>Second, I tend to agree with Stubblefield that one's ethical views should
>have a better foundation (note that this assumes they CAN have a better
>foundation!).

Paul -- if you've posted (as planned) the reasoned basis for your own
value-weightings, I've missed the posting.

By the way, I should make it clear that I'm speaking for myself, but
believe that (some) other libertarians would agree with me.

janw@inmet.UUCP (12/20/85)

I must be missing something but why wouldn't the standard default
libertarian solution for most things, namely litigation or the
possibility of it - work for pollution ?
I *can* see some objections but none that convinces me, so far.

One thing that seems necessary is that  compensation  be  allowed
for  *statistical risk* of damage, as well as actual damage.
E.g., if A, by her smoking, gives B one chance  of  cancer  in  a
million,  and  if  B's  health is worth 10 million, B should be
able to collect 10 bucks immediately (forgoing, in all  fairness,
her right to sue for actual damage). Since statistical correla-
tions are much easier to prove than who caused what to whom, this
would tilt the balance against the polluters.

As for the great number of claimants, this is not a strong
objection, since a lawyer corporation could buy up millions
of potential claims and then collect. The actual victims would
get less (but save on legal fees); but the deterrent effect
on polluters would be large.

		Jan Wasilewsky

torek@umich.UUCP (Paul V. Torek ) (12/20/85)

In article <28200403@inmet.UUCP> nrh@inmet.UUCP writes:
>I offer one hopefully interesting observation about questions such
>as pollution and prisoner's dilemma problems.  Both of these can,
>in fact, be solved in principle (pollution by a nightmarishly complete
>enumeration and enforcement of property rights by impartial judges,
>and prisoners dilemma by stepping outside the "one-transaction-only"
>scenario and allowing repeated and enforceable contractual relationships).

The pollution "solution" wouldn't allow me to piss in the toilet.  As for
Prisoner's Dilemma, you're right about *2-person* PD, but things change
when the number of persons increases.

>In short, one can be a principled libertarian without knowing just
>exactly how much use constitutes enough when claiming land, or just
>how little constitutes giving it up.  (Just as one can be for 
>the income tax without being able to quote the IRS manuals at length).

Yes, as long as those "how much" questions are matters of *applying* your
principles, not questions that must be addressed by the principles themselves.
I'm awful curious how that could possibly be.

>I believe that there's lots of middle ground between the idea of
>libertarianism as a sort of social geometry -- invalid if any grey
>areas or conflicts can be shown to exist, and libertarianism as a sort
>of vague response to intuition.

Well, maybe.  But if the grey areas are greynesses of principles rather than
empirical gray areas about how to apply them, I think you slide down the
slippery slope to the "vague response to intuition" position.

>Paul -- if you've posted (as planned) the reasoned basis for your own
>value-weightings, I've missed the posting.

Not yet; it's going to be a many-part series of enormous size, which I'll have
time for soon, but not now.

--Paul V. Torek, knee-jerk ethical cognitivist			torek@umich

flink@umcp-cs.UUCP (Paul V Torek) (12/23/85)

In article <28200417@inmet.UUCP> janw@inmet.UUCP writes:
>I must be missing something but why wouldn't the standard default
>libertarian solution for most things, namely litigation or the
>possibility of it - work for pollution ?
>I *can* see some objections but none that convinces me, so far.
>
>One thing that seems necessary is that  compensation  be  allowed
>for  *statistical risk* of damage, as well as actual damage.
>E.g., if A, by her smoking, gives B one chance  of  cancer  in  a
>million,  and  if  B's  health is worth 10 million, B should be
>able to collect 10 bucks immediately (forgoing, in all  fairness,
>her right to sue for actual damage). Since statistical correla-
>tions are much easier to prove than who caused what to whom, this
>would tilt the balance against the polluters.

I can think of a few problems offhand.  First, a significant number of
people sincerely feel that the value of their lives is INFINITE.  If you
don't believe me, ask around.  Second, it's going to be hard to determine
who is put at risk by how much, and the likely solution will be to
overestimate the risk in most cases -- i.e. compensate most people by much
larger amounts than is really required, just to be on the safe side and
avoid hassles.  This wouldn't be a total disaster, but it would lead to
quite severe restrictions on pollution, I think; such that the cost of
living goes up considerably.

Third, and worst, what about the ETHICAL problem for libertarians -- do I
have a right to impose ANY risks on anyone without their consent?  It would
seem that the only principled libertarian answer is NO!, and that this
prohibits me from pissing in the toilet, because SOMEONE somewhere would be
unwilling to accept compensation only for *statistical risk*.

--Paul V. Torek					(temporarily) flink@umcp-cs

janw@inmet.UUCP (12/26/85)

[--Paul V. Torek     (temporarily) flink@umcp-cs]
>In article <28200417@inmet.UUCP> janw@inmet.UUCP writes:
>>I must be missing something but why wouldn't the standard default
>>libertarian solution for most things, namely litigation or the
>>possibility of it - work for pollution ?
>>I *can* see some objections but none that convinces me, so far.

>>One thing that seems necessary is that  compensation  be  allowed
>>for  *statistical risk* of damage, as well as actual damage.
>>E.g., if A, by her smoking, gives B one chance  of  cancer  in  a
>>million,  and  if  B's  health is worth 10 million, B should be
>>able to collect 10 bucks immediately (forgoing, in all  fairness,
>>her right to sue for actual damage). Since statistical correla-
>>tions are much easier to prove than who caused what to whom, this
>>would tilt the balance against the polluters.

>I can think of a few problems offhand.

Good! This idea is new to me, and a critique would help.

>First, a significant number of people sincerely feel that the value
>of their lives is INFINITE. If you don't believe me, ask around.

Oh, *I* agree - the *courts* don't, though (at least, I've  never
heard  of an aleph-0 settlement ...). Neither do insurers or pol-
lution regulators -  they  all  use  some  kind  of  cost-benefit
analysis, with human life attached (implicitly at least) a finite
value. Its metaphysical or existential value is neither here  nor
there.  The idea above does not change that at all - it just pro-
rates an existing estimate to a statistical expectation.

>Second, it's going to be hard to determine who is put at risk  by
>how  much,  and  the  likely solution will be to overestimate the
>risk in most cases -- i.e. compensate most people by much  larger
>amounts  than is really required, just to be on the safe side and
>avoid hassles. This wouldn't be a total disaster,  but  it  would
>lead  to  quite  severe  restrictions on pollution, I think; such
>that the cost of living goes up considerably.

Wonderful! The proposal seems ready to be sponsored by Sierra Club.
What you're saying is that it overshoots the mark. However the exis-
ting regulatory and legal mechanisms are subject to the same emotio-
nal pressures (human life vs. profits) - and, on the  other hand,
counter-pressures by industries. Is it obvious to you which comes
nearer  to  hitting the mark, and by how much ? Mind you, I don't
need to prove this one works *better*: just that it *works*.

>Third, and worst, what about the ETHICAL problem for libertarians -- do I
>have a right to impose ANY risks on anyone without their consent?  It would
>seem that the only principled libertarian answer is NO!, and that this
>prohibits me from pissing in the toilet, because SOMEONE somewhere would be
>unwilling to accept compensation only for *statistical risk*.

You seem to attribute to all libertarians the unity of  principle
for  the lack of which Bob Stubblefield recently criticised them.
Probably the only way for you to convict libertarianism on an
inconsistency charge is to concentrate on one person - someone
you think is representative. If you succeed, others will either
have to share the guilt or to show how they are different.

As I see it, for most libertarians, your right to metabolize with
your  own  body  and on your own premises would be among the most
indubitable. What you are really saying is that their  principles
are  contradictory  because every act of one person affects every
other person in some infinitesimal way. That my right to wave  my
hands  stops  well  short  of your nose because all noses and all
arms are, in some QM sense, of indeterminate length.   Note  that
this argument applies equally well (or badly) to *any* concept of
inalienable  rights.  There   is   nothing   specifically   anti-
libertarian  in  it.  

All I can add is that *my*  minarchist  principles  or  anarchist
preferences are not at all disturbed by your bathroom habits. Why
should a libertarian ethic be  more  strict  about  your  harming
someone  indirectly  than  a non-libertarian one ? The difference
lies in restricting the *state* as well as  individuals,  not  in
restricting  individuals  *more*.  It  lies in refusal to let the
state (even democratic state) identify itself with "all of us" or
"public  policy",  or "general welfare", thus sanctioning what
would be a crime in individuals. E.g., I *might* admit the neces-
sity  of  government  for  *defense*  - but never of a government
*monopoly* on defense. And  as  competing  systems  develop,  the
necessity might disappear. The state is a *crutch*; it  shouldn't
be made a *fetish*.

		Jan Wasilewsky

flink@umcp-cs.UUCP (Paul V Torek) (12/31/85)

In article <28200442@inmet.UUCP> janw@inmet.UUCP writes:
>>First, a significant number of people sincerely feel that the value
>>of their lives is INFINITE. If you don't believe me, ask around.

>Oh, *I* agree - the *courts* don't, though [...]
>.  The idea above does not change that at all - it just pro-
>rates an existing estimate to a statistical expectation.

Yes, but it seems to me that the current practice of the courts in this
respect is very un-libertarian.  That is, I would think that a libertarian
regards an individual as the best authority on the value of his own life.

>>Second, it's going to be hard to determine who is put at risk  by
>>how  much,  and  the  likely solution will be to overestimate the
>>risk in most cases -- i.e. compensate most people by much  larger
>>amounts  than is really required, just to be on the safe side [...]

>Wonderful! The proposal seems ready to be sponsored by Sierra Club.
>What you're saying is that it overshoots the mark. However the exis-
>ting regulatory and legal mechanisms are subject to the same emotio-
>nal pressures (human life vs. profits) - and, on the  other hand,
>counter-pressures by industries. Is it obvious to you which comes
>nearer  to  hitting the mark, and by how much ?

Good point.  Not obvious, but if I had to bet I'd put my money on the
current system.

> I don't need to prove this one works *better*: just that it *works*.

Well, I still think the question of which works better is important.

>>Third, and worst, what about the ETHICAL problem for libertarians -- do I
>>have a right to impose ANY risks on anyone without their consent?  It would
>>seem that the only principled libertarian answer is NO!, and that this
>>prohibits me from pissing in the toilet, because SOMEONE somewhere would be
>>unwilling to accept compensation only for *statistical risk*.
>
>You seem to attribute to all libertarians the unity of  principle
>for  the lack of which Bob Stubblefield recently criticised them.
>Probably the only way for you to convict libertarianism on an
>inconsistency charge is to concentrate on one person - someone
>you think is representative. If you succeed, others will either
>have to share the guilt or to show how they are different.

Indeed.  Well, the only libertarians I know of with well-developed ethical
positions are Nozick and Rand, and I don't know Rand's very well.  I do
think I could convict Nozick of inconsistency, if anyone's interested.

>As I see it, for most libertarians, your right to metabolize with
>your  own  body  and on your own premises would be among the most
>indubitable. What you are really saying is that their  principles
>are  contradictory  because every act of one person affects every
>other person in some infinitesimal way. That my right to wave  my
>hands  stops  well  short  of your nose because all noses and all
>arms are, in some QM sense, of indeterminate length.

:->  Not just QM indeterminacy, but yes, that's the general thrust of my
point.

>Note  that this argument applies equally well (or badly) to *any* concept of
>inalienable  rights.  There   is   nothing   specifically   anti-
>libertarian  in  it.

True, if you mean what I think you mean by "inalienable rights".  I would
argue that rights in such a strong sense are not credible, for precisely
this reason.

>Why should a libertarian ethic be  more  strict  about  your  harming
>someone  indirectly  than  a non-libertarian one ?

Maybe what we need is a definition (or exposition) of "libertarianism".

>               Jan Wasilewsky

--Paul V. Torek, soon at umich!torek, now at umcp-cs!flink

janw@inmet.UUCP (01/02/86)

[--Paul V. Torek, soon at umich!torek, now at umcp-cs!flink]
>In article <28200442@inmet.UUCP> janw@inmet.UUCP writes:
>>>First, a significant number of people sincerely feel that the value
>>>of their lives is INFINITE. 

>>Oh, *I* agree - the *courts* don't, though [...]
>>.  The idea above does not change that at all - it just pro-
>>rates an existing estimate to a statistical expectation.

>Yes, but it seems to me that the current practice of the courts in this
>respect is very un-libertarian.  That is, I would think that a libertarian
>regards an individual as the best authority on the value of his own life.

There are *two* individuals involved. For each of them, some part
of their infinitely-valuable life is at stake (one can prolong or
expand one's life with money). A  finite  estimate  is  the  only
practical thing to do, not libertarian or unlibertarian.  Substi-
tute, for court, a regulatory agency or vendetta justice or  some
bargaining method - anything at all - a finite estimate will be
implicitly present. Courts cannot deal with infinities any more
than  markets  or  governments:  so  render  to  Caesar  what  is
Caesar's.

>>>Second, it's going to be hard to determine who is put at risk  by
>>>how  much,  and  the  likely solution will be to overestimate the
>>>risk in most cases -- i.e. compensate most people by much  larger
>>>amounts  than is really required, just to be on the safe side [...]

>>Wonderful! The proposal seems ready to be sponsored by Sierra Club.
>>What you're saying is that it overshoots the mark. However the exis-
>>ting regulatory and legal mechanisms are subject to the same emotio-
>>nal pressures (human life vs. profits) - and, on the  other hand,
>>counter-pressures by industries. Is it obvious to you which comes
>>nearer  to  hitting the mark, and by how much ? 

>Good point.  Not obvious, but if I had to bet I'd put my money on the
>current system.

Allow some margin for improvement and fine-tuning of my raw
proposal by better informed people.

>> I don't need to prove this one works *better*: just that it *works*.

>Well, I still think the question of which works better is important.

Very important. But not for a *theorem of existence*. 

>>>Third, and worst, what about the ETHICAL problem for libertarians -- do I
>>>have a right to impose ANY risks on anyone without their consent?  It would
>>>seem that the only principled libertarian answer is NO!, and that this
>>>prohibits me from pissing in the toilet, because SOMEONE somewhere would be
>>>unwilling to accept compensation only for *statistical risk*.

>>You seem to attribute to all libertarians the unity of  principle
>>for  the lack of which Bob Stubblefield recently criticised them.
>>Probably the only way for you to convict libertarianism on an
>>inconsistency charge is to concentrate on one person - someone
>>you think is representative. If you succeed, others will either
>>have to share the guilt or to show how they are different.

>Indeed.  Well, the only libertarians I know of with well-developed ethical
>positions are Nozick and Rand, and I don't know Rand's very well.  I do
>think I could convict Nozick of inconsistency, if anyone's interested.

I am just reading Nozick; probably he would do, though  he  seems
over-complicated  to  me  (but  he  does  invent some useful con-
cepts). Perhaps you would simplify him  in  the  process.  Rand's
books I've read (all of them) but only half-agree (she would have
resented that; but I like her). They are very readable.  But  you
seem  to insist on seeing libertarianism as a theory where a com-
plete social order is deduced from a few ethical axioms. I  would
distrust any theory like that, whatever the axioms. Like it says  
in Faust, theory is gray, but the tree of life is evergreen. Which
is not to argue against ethical principles, just against  rampant
deductivism. Leave room for empirical data and common sense.

>>What you are really saying is that their  principles
>>are  contradictory  because every act of one person affects every
>>other person in some infinitesimal way. [...]

>>Note  that this argument applies equally well (or badly) to *any* concept of
>>inalienable  rights.  There   is   nothing   specifically   anti-
>>libertarian  in  it.  

>True, if you mean what I think you mean by "inalienable rights".  I would
>argue that rights in such a strong sense are not credible, for precisely
>this reason.

So,  weaken  the  sense  by  using  common-sense  approximations.
*Don't*  weaken  it (if you are libertarian) by making exceptions
for *public good* and its delegates.  Also,  take  cognizance  of
*intention*. When your neighbor barbecues, his intention is prob-
ably not to smoke you out. If it *is*,  the  situation  changes.
When the government exercises eminent domain, it *is*.

>>Why should a libertarian ethic be  more  strict  about  your  harming
>>someone  indirectly  than  a non-libertarian one ? 

>Maybe what we need is a definition (or exposition) of "libertarianism".

Amen. Meanwhile, it helps to think of it as an extension of  old-
fashioned  liberalism  and  individualism. It is very much in the
mainstream of Western tradition. 

Somewhere near the  middle  of  the  19th  century,  the  British
government  was  deciding  which  language  to  teach  in  Indian
schools. English finally won, but there were  strong  objections,
and  the strongest was that *you cannot raise a caste of adminis-
trators on a literature of revolt*.

There is the rub: not an *ethical theory* is at the core, but  an
*ethical  position*,  a  world-view.  It  can  be  expanded  into
theories that will be as logical or illogical as  their  authors.
You are looking for a libertarian ethicist ? Try Thoreau !

		Jan Wasilewsky