John Singleton with Bob HowardRip Van Australia (Stanmore: Cassell Australia, 1977), pp. 194-97, under the heading “Pollution”.

We define pollution as the transfer of matter or energy to the person or property of another without that persons consent.1 Because it is done with consent, pollution violates the rights of the person whose person or property is polluted. It is important to note that the very fact that such transfer takes place is sufficient for it to be pollution. It need not cause danger, nor need it be beyond a certain arbitrary, specified amount. Any such transfer is pollution.

Unthinking people might be tempted to throw their hands in the air in horror at such a statement and the difficulties it would seem to present, but further consideration and careful analysis will show that most, if not all, such difficulties are capable of easy and consistent solution.

The situation, as it exists today, is far from satisfactory. The government is supposed to protect us from pollution, but observation shows that it is one of the worst polluters, for example, public buses and sewerage works. In the United States, prior to the mid and late nineteenth century, air pollution, for example, was considered a tort — a nuisance against which private individuals affected by it could sue for damages or seek an injunction. Furthermore, mass action suits could be taken — that is, one person could sue on behalf of a whole group of people similarly affected, rather than each individual have to sue separately. In the name of “the public interest” the U.S. Government removed these two possibilities from the law, claiming that even though industry did pollute, it was necessary for the “public good” that they be allowed to do so. Any action taken to prevent pollution could result in drops in production, and that the government didn’t want.

It is also interesting to note that the two main areas affected by pollution — the air and the waterways (rivers, lakes, harbours) are the two main areas not privately owned. That these should be badly polluted is no accident, because it is a common observation that people treat their own property with more respect than they do “public” property. Perhaps more important, however, is the fact that normal economic forces don’t operate on government property. Public servants have little incentive to preserve the capital value of a river, for example, by keeping pollution to a minimum. Private owners, on the other hand, would have such an incentive because they would sell fishing rights, commercial development rights, and drinking water supplies. Private owners would not allow sewerage to discharge into their water for these reasons, nor would they allow industrial pollution. They would suffer direct economic consequences as a result.

One final point to be made about our present situation is that arbitrary limits cannot satisfactorily be set to limit pollution. A neighbour’s dripping tap can be just as annoying as very loud music, or late night parties. The noise of a tap, however, would not be over the arbitrary decibel level normally used to measure pollution. Arbitrary cut off points always suffer from the same problems: Who sets them? What criteria do they use? and, How are they justified ahead of some other equally arbitrary criteria? It’s the numbers game again.

The proper solution to the problem of pollution is to be found in recognition and protection of property rights. Pollution violates property rights, and therefore the victims of pollution should be able to gain reparation for damages and/or injunctions against it.

By saying that any transfer of matter or energy to a person’s property without their consent is pollution, we do not open the Pandora’s Box that might be imagined. It is true that this means that all noise and all light for example, are pollution: noise pollution and visual pollution respectively. It does not mean that everyone would be rushing about seeking injunctions and reparations for damages. For a start, most noise and visual pollution causes no damage, so no reparation (or virtually none) would be awarded (a likely verdict would be: guilty of pollution, damages of one cent awarded to the victim.) If the verdict was “not guilty”, the person bringing the would have to pay the costs, so most trivial cases would never reach the courts. Who’d risk paying $100 in costs to get one cent in damages?

Injunctions could be sought, but if one was intolerant or bloody minded about trivial matters, the important thing is that one would be equally subject to counter-suits. If you can hear your neighbour, it’s very likely that he/she can hear you. If you seek an injunction for a trivial matter, so, too, could they. Thus, a stand-off would result, and common sense would, in a majority of cases, prevail. The attitude would be such as now exists in, for example, home units. Neighbours only complain when noise gets “unreasonable”.

This should not be seen as a trivial exercise, however. The fact that no arbitrary limits are set means that in the odd case where a small noise, for example, is very disturbing (such as the dripping tap) the victim does have a means of protecting his rights. This proposed solution is a clean one, involving the derivation and consistent application of a basic principle, rather than the unsatisfactory enforcement of an arbitrary limit.

We do have the technology to have a pollution free society. The only limit is cost, but the cost can’t be avoided anyway. We either pay with extra prices as businesses pass on the cost of their anti-pollution measures, or we pay through a polluted environment. Of these two, the former is by far the most just, and also the cheapest. As was the case in our discussion of conservation, private ownership of what is now public property would also go a long way towards solving pollution problems. This would not be simple to implement, but there is no reason why rivers, lakes and even oceans, shouldn’t ultimately be privately owned.

The case of uranium mining should also hinge around pollution. If mining uranium can be accomplished without pollution then there is no moral way it can be prevented. It can’t be prevented because the uranium might be used to make nuclear weapons. That would make it a victimless “crime”, and would be operating on the legal premise of “guilty until proven innocent”. The arguments against this have been presented elsewhere. Pollution is the weak point of uranium mining and its subsequent use, and because the possible damages are so catastrophic and enormous, the person or company using the uranium would have to be exceptionally careful. To avoid massive reparation payouts, and massive insurance premiums, they would need to have foolproof safety precautions. Or, alternatively, not mine or use uranium.

The problem of pollution has, to date, been sloppily defined and badly misunderstood. It is only by the consistent application of principles that moral and just solutions can be found.

Footnote

  1. This definition was formulated by Robert Poole Jr. “Reason and Ecology,” in D. James (ed.), Outside Looking In. Harper and Row, New York, N.Y., 1972, p. 245.
(in order of appearance on Economics.org.au)
  1. Governments Consume Wealth — They Don't Create It
  2. Singo and Howard Propose Privatising Bondi Beach
  3. Singo and Howard Speak Out Against the Crackpot Realism of the CIS and IPA
  4. Singo and Howard on Compromise
  5. Singo and Howard on Monopolies
  6. Singo and Howard Support Sydney Harbour Bridge Restructure
  7. Singo and Howard on Striking at the Root, and the Failure of Howard, the CIS and the IPA
  8. Singo and Howard Explain Why Australia is Not a Capitalist Country
  9. Singo and Howard Call Democracy Tyrannical
  10. Singo and Howard on Drugs!
  11. Simpleton sells his poll philosophy
  12. Singo and Howard Decry Australia Day
  13. Singo and Howard Endorse the Workers Party
  14. Singo and Howard Oppose the Liberal Party
  15. Singo and Howard Admit that Liberals Advocate and Commit Crime
  16. Up the Workers! Bob Howard's 1979 Workers Party Reflection in Playboy
  17. John Whiting's Inaugural Workers Party Presidential Address
  18. John Singleton and Bob Howard 1975 Monday Conference TV Interview on the Workers Party
  19. Singo and Howard on Aborigines
  20. Singo and Howard on Conservatism
  21. Singo and Howard on the Labor Party
  22. Singo, Howard and Hancock Want to Secede
  23. John Singleton changes his name
  24. Lang Hancock's Foreword to Rip Van Australia
  25. New party will not tolerate bludgers: Radical party against welfare state
  26. Singo and Howard introduce Rip Van Australia
  27. Singo and Howard on Knee-Jerks
  28. Singo and Howard on Tax Hunts (Lobbying)
  29. Singo and Howard on Rights
  30. Singo and Howard on Crime
  31. Singo and Howard on Justice
  32. Singo and Howard on Unemployment
  33. John Singleton on 1972's Cigarette Legislation
  34. Singo and Howard: Gambling Should Neither Be Illegal Nor Taxed
  35. Workers Party Platform
  36. Singo and Howard Join Forces to Dismantle Welfare State
  37. Singo and Howard on Business
  38. Singo and Howard on Discrimination
  39. Singo and Howard on the Greens
  40. Singo and Howard on Xenophobia
  41. Singo and Howard on Murdoch, Packer and Monopolistic Media
  42. Singo and Howard Explain that Pure Capitalism Solves Pollution
  43. Singo and Howard Defend Miners Against Government
  44. Singo and Howard on Bureaucracy
  45. Singo and Howard on Corporate Capitalism
  46. The last words of Charles Russell
  47. Ted Noffs' Preface to Rip Van Australia
  48. Right-wing anarchists revamping libertarian ideology
  49. Giving a chukka to the Workers Party
  50. Govt "villain" in eyes of new party
  51. "A beautiful time to be starting a new party": Rand fans believe in every man for himself
  52. Introducing the new Workers' Party
  53. Paul Rackemann 1980 Progress Party Election Speech
  54. Lang Hancock 1978 George Negus Interview
  55. Voices of frustration
  56. Policies of Workers Party
  57. Party Promises to Abolish Tax
  58. AAA Tow Truck Co.
  59. Singo and Howard on Context
  60. Singo and Howard Blame Roosevelt for Pearl Harbour
  61. Singo and Howard on Apathy
  62. Workers Party is "not just a funny flash in the pan"
  63. Singo and Howard on Decency
  64. John Singleton in 1971 on the 2010 Federal Election
  65. Matthew, Mark, Luke & John Pty. Ltd. Advertising Agents
  66. Viv Forbes Wins 1986 Adam Smith Award
  67. The writing of the Workers Party platform and the differences between the 1975 Australian and American libertarian movements
  68. Who's Who in the Workers Party
  69. Bob Howard interviewed by Merilyn Giesekam on the Workers Party
  70. A Farewell to Armchair Critics
  71. Sukrit Sabhlok interviews Mark Tier
  72. David Russell Leads 1975 Workers Party Queensland Senate Team
  73. David Russell Workers Party Policy Speech on Brisbane TV
  74. Bludgers need not apply
  75. New party formed "to slash controls"
  76. The Workers Party
  77. Malcolm Turnbull says "the Workers party is a force to be reckoned with"
  78. The great consumer protection trick
  79. The "Workers" speak out
  80. How the whores pretend to be nuns
  81. The Workers Party is a Political Party
  82. Shit State Subsidised Socialist Schooling Should Cease Says Singo
  83. My Journey to Anarchy:
    From political and economic agnostic to anarchocapitalist
  84. Workers Party Reunion Intro
  85. Singo and Howard on Freedom from Government and Other Criminals
  86. Singo and Howard on Young People
  87. Singo and Howard Expose how Government Healthcare Controls Legislate Doctors into Slavery
  88. Singo and Howard Engage with Homosexuality
  89. Singo and Howard Demand Repeal of Libel and Slander Laws
  90. Singo and Howard on Consumer Protection
  91. Singo and Howard on Consistency
  92. Workers Party is born as foe of government
  93. Political branch formed
  94. Government seen by new party as evil
  95. Singo and Howard on Non-Interference
  96. Singo and Howard on Women's Lib
  97. Singo and Howard on Licences
  98. Singo and Howard on Gun Control
  99. Singo and Howard on Human Nature
  100. Singo and Howard on Voting
  101. Singo and Howard on
    Inherited Wealth
  102. Singo and Howard on Education
  103. Singo and Howard on Qualifications
  104. Ron Manners on the Workers Party
  105. Singo and Howard Hate Politicians
  106. Undeserved handouts make Australia the lucky country
  107. A happy story about Aborigines
  108. John Singleton on Political Advertising
  109. Richard Hall, Mike Stanton and Judith James on the Workers Party
  110. Singo Incites Civil Disobedience
  111. How John Singleton Would Make Tony Abbott Prime Minister
  112. The Discipline of Necessity
  113. John Singleton on the first election the Workers Party contested
  114. Libertarians: Radicals on the right
  115. The Bulletin on Maxwell Newton as Workers Party national spokesman on economics and politics
  116. Singo and Howard: Australia Should Pull Out of the Olympics
  117. Singo and Howard Like Foreign Investment
  118. Mark Tier corrects Nation Review on the Workers Party
  119. The impossible dream
  120. Why can't I get away with it?
  121. The bold and boring Lib/Lab shuffle
  122. Time for progress
  123. The loonie right implodes
  124. Max Newton: Maverick in Exile
  125. John Singleton on refusing to do business with criminals and economic illiterates
  126. Censorship should be banned
  127. "Listen, mate, a socialist is a bum"
  128. John Singleton on Advertising
  129. John Singleton on why he did the Hawke re-election campaign
  130. Sinclair Hill calls for dropping a neutron bomb on Canberra
  131. Bob Howard in Reason 1974-77
  132. John Singleton defends ockerism
  133. Singo and Howard talk Civil Disobedience
  134. The Census Con
  135. Singo and Howard Oppose Australian Participation in the Vietnam War
  136. Did John Singleton oppose the mining industry and privatising healthcare in 1990?
  137. Bob Carr in 1981 on John Singleton's political bent
  138. John Singleton-Ita Buttrose interview (1977)
  139. King Leonard of Hutt River Declares Defensive Just War Against Australia the Aggressor
  140. Singo says Lang Hancock violated Australia's 11th commandment: Thou Shalt Not Succeed
  141. Singleton: the White Knight of Ockerdom
  142. John Singleton bites into Sinclair Hill's beef
  143. Save Parramatta Road
  144. 1979 news item on new TV show John Singleton With a Lot of Help From His Friends
  145. Smoking, Health and Freedom
  146. Singo and Howard on Unions
  147. Singo and Howard Smash the State
  148. Singo and Howard on the big issue of Daylight Saving
  149. Come back Bob - It was all in fun!
  150. A few "chukkas" in the Senate for polo ace?
  151. Country Rejuvenation - Towards a Better Future
  152. Singo and Howard on Profits, Super Profits and Natural Disasters
  153. John Singleton's 1977 pitch that he be on a committee of one to run the Sydney 1988 Olympics for profit
  154. Thoughts on Land Ownership
  155. 1975 Max Newton-Ash Long interview on the Workers Party
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