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"Negative externalities" seems to be the operating pivot of this conversation. It seems to me that many laws are a system to identify entities producing negative externalities, and make them bear the cost of that externality. The purpose of the lawmaking process, then, is to be a system that discovers new externalities, or more precisely, defines what is a negative externality and what is not, as it relates to chosen policy. At what point in the progression of scientific consensus does evidence for the consideration of a new externality require a response by passing laws that define the externality and how it can be bourne? One argument is that there is not enough scientific basis to ground policy regarding CO2, specifically. And, separately, there is enough evidence that some forms carbon energy should be restricted, but due to other factors like pollution from coal. This argument is coming from a strong negative-rights model of government (like the US), where axiomatically people are allowed to do anything not currently restricted by law. The advantage of this system is that it allows people to act in the face of ever-changing circumstances of the world without needing to get approval from the government every time a new thing is discovered. The disadvantage is that now you have to hold externalities to higher bar of proof. I think that we, individually and as a society, still have to act in the world, imperfect information and all. We cannot demand perfect data to base our decisions on, because always waiting for perfect data means that every decision will be too late. But, just like in science, we need to be able to change our beliefs/laws as evidence mounts that the basis for our previous belief is wrong. The problem is that politicial discourse is so deadlocked on pure narratives (all negative or all positive, no room for nuance or complexity) that we'll never be able to agree. |
It's not inconsistent with any definition of rights that I'm aware of to say that you can't pollute our air without consequences. By contrast, the current state of affairs does not mesh with any philosophical system that I've found. Under what theory can some stranger pollute my air? That's no more justifiable than me pouring perchlorate in my neighbor's well. The stronger someone believes in individual rights, the stronger they support my argument.
I think it's a misreading of philosophy (not saying you're doing this) to say that we need to justify restrictions on obvious negative externalities like air pollution. The polluter needs to justify his actions, not the neighbor whose air is being poisoned.
(The science on the deleterious effects of air pollution is of course settled regardless of what anyone thinks about global warming.)