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Okay, seriously, my question:
If I setup a shooting range on my property and your property is downrange and I hit a window, I'm responsible and owe damages. You can't stop me from setting up a shooting range on my property, but my actions affected you and you can prove it. If I setup a coal burning powerplant on my property, you cannot stop me nor can you pass any laws preventing it. The smoke from the burning coal may drift high over your property, but the mercury from that smoke can pollute your rivers, streams, lakes, and oceans. The damage caused can be widespread and affect many people in many countries: Food supplies can be contaminated, pollution can destroy crops, ocean waters and the life in them thousands of miles away can be impacted. The output causes damage both in terms of property and in terms of human life. Yet, it is not your land and you have no ownership of it. I am not trespassing on your land. The land and power plant belong to me, not to you. I can do with them as I please. Proof of indirect damage is difficult and you cannot force me to test the plant emissions. How does the theory of libertarian land ownership handle this? |
So reckless endangerment is assault.
Can I drive drunk as long as I get the job done? |
There are no "versions" of libertarianism; there is only libertarianism. ALL libertarianism is all based on the 3 things I mentioned, and is exactly as I have stated. It's consistent and it makes sense.
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If you can prove a broken window happened, you can also prove you were endangered, and can legitimately shut down the range, collect damages including punative damages. If you can't prove damages, you're not entitled to anything. |
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It means the government has no authority to make regulations on business. But people do have the right to take you to court even without them, if they can prove that you've harmed them, endangered them, or damaged their property.
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Does the judge just get to decide how much it's worth? Is it straight-up medical bills and no punitive damages, since that's all that's "measurable?" What if a different judge thinks it's worth more? Perhaps it's okay if the government issued some guidelines as to how much various forms of endangerment are worth, with regards to both financial damages and criminal sentencing? Guidelines... what's another word for legally-binding guidelines? Oh yeah, regulations on business. |
So...I can run a very harmful business as long as I get away with it?
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Whether or not one judge would give more than another is irrelevant. Judges are given discretion and they should retain it. There should be no guidelines. Also, regulations are not guidelines. They are laws. Guidelines are merely suggestions. The U.S. government is not given any authority to regulate business. It can regulate interstate commerce (buying and selling over state lines) but not what products a business may sell, where they can do business within a state, how many products they may manufacture, what safety features they must or must not include, etc. |
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How does Libertarianism feel about limitations on the use of a property? For example, if a wealthy individual were able to buy a historic old building that is a national treasure, but in private hands, like Mount Vernon, should they be allowed to bulldoze it to put up a monument to Pauly Shore? Or can a libertarian government designate a building as "historic" or "protected" and limit what you can do with it? |
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What if I cannot afford to fight you in court? Very often it's almost impossible for individuals to launch a suit because a large business has the money to tie up procedings and outlast you. You would have to ban private legal representation and channel everything through the government, good luck.
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If you can't fight in court on a legitimate case, you aren't trying very hard. There are thousands upon thousands of lawyers who would work on contingency or even pro-bono in a pollution case that killed kids or some other such thing.
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