Whatever Happened to Justice Ch 35

Study Notes

Ocean poisoning is a severe issue, as the ocean is a crucial source of oxygen and food.
Current legal systems often lack protection for ocean resources, leaving them vulnerable to pollution due to a lack of property rights.
The analogy of dumping toxic waste on land versus in the ocean illustrates this point. Land-based dumping is penalized, but ocean dumping is often not.
The lack of property rights for the ocean leads to a lack of accountability and responsibility for its use and conservation.

The Amazon rainforest is facing significant deforestation, with 20 million acres cleared yearly in Brazil.
This deforestation directly impacts critical resources (oxygen, pharmaceuticals, animals)
It's often seen as a public interest issue, despite the rights of Indigenous peoples living in those areas.
The decision-making process often prioritizes the needs of many over the rights of a few, leading to environmental damage. This pattern is also seen in the former Soviet Union and Eastern European countries.

The historical lack of individual property rights in East Europe and the former Soviet Union resulted in widespread environmental damage.
Public property leads to a free-for-all where responsible use is not incentivized.
The result of this is widespread pollution as seen in waterways, which in many places is still unresolved.
The principle of "public interest" can be exploited for pollutions and environmental degradation, as evidenced by historic cases and present day challenges.

Areas with strong individual property rights tend to have cleaner environments; private property owners have an incentive to maintain their land and water.
This principle applies to noise and other types of pollution as well.
Private owners are motivated to manage their property, safeguard assets from vandalism, and actively maintain its quality.
The analogy to Yosemite national park (versus a privately-owned park like Disneyland) points out advantages of private ownership.
A proposed solution: strong property rights and consistent enforcement would significantly reduce most environmental problems (in the author's opinion).
This is a long-standing legal concept, rooted in common law, suggesting that personal responsibility and stewardship are inherent in managing one's territory.

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