| I was drafting an extensive response to this, but I am on a time crunch with my work schedule. If you are honestly interested in understand optimal solutions to externalities and handling the problem of social costs, I would recommend checking out Ronald Coase's paper "The Problem of Social Cost" for which he won the Nobel prize.[1] I will hopefully have time this weekend to draft my response. The TLDR is that, their "right to noise" impedes upon your "right to silence" but also your "right to silence" impedes upon their "right to noise". Giving either side the complete right and banning the other side is effectively having one force its way upon the other. Forcing silence is by definition an externality as well -- it just happens to be the side you value. But there are better middle ground solutions where we balance the benefits of each side. A very clean example of this is noise pollution next to an airport. If the houses next to the airport had a complete right to silence then we couldn't have airplanes. But if the airplanes had a complete right to noise, then quality of life around the airport would diminish way too much. Instead, the socially optimal solution lies in the middle. It is why zero pollution is actually NOT socially optimal as the costs of zero pollution are too high. For each additional decibel produced, the marginal social costs increase at a faster rate. Thus, people whispering at the beach or playing very low music such that it is quickly drowned out by the sound of the waves and the birds after 5 feet of distance is fine. A blanket ban on all music on the beach doesn't actually enable us to find the socially optimal levels in the same way as a blanket allowance of music on the beach. In the airport example, a blanket ban or allowance would prevent innovations in things like sound protective walls to internalize some (though never all) of the externality. [1] https://www.law.uchicago.edu/files/file/coase-problem.pdf |