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Pennsylvania
09-03-2009, 12:39 PM
Anyone know of any good Austrian / Natural Law analyses of noise and noise pollution?

pcosmar
09-03-2009, 01:10 PM
Nope.
Noise Pollution is a nebulous term.

A suggestion.

http://media.rd.com/rd/images/rdc/family-handyman/2001/12-01/Best-Hearing-Protection-af.jpg

Pennsylvania
09-03-2009, 03:15 PM
I don't quite see how. As far as I can currently tell, noise pollution is a violation of property rights just like any other trespass. If I were to shout in someone's ear causing him to go deaf, would I not have violated his property rights?

A bullet through my chest would be a violation of my property rights. Should I just wear a bullet-proof vest all the time to prevent it? That is the analogy to the earplugs.

axiomata
09-03-2009, 03:18 PM
I believe Rothbard covers it here: http://mises.org/story/2120

TCE
09-03-2009, 06:08 PM
I believe Rothbard covers it here: http://mises.org/story/2120

"Excessive noise is certainly a tort of nuisance; it interferes with a person's enjoyment of his property, including his health. However, no one would maintain that every man has the right to live as if in a soundproofed room; only excessive noise, however vague the concept, can be actionable."

That part covers it pretty well. If the noise is obnoxiously loud, then yes, the cops will come and your neighbor will be in the wrong.

pcosmar
09-03-2009, 06:29 PM
Yeah, sue the birds in the morning.
And thunder is LOUD. We should sue,,,somebody.

I have heard this silly crap before.
Folks move in next door to an airport that has been in operation for 50 years. and start complaining about noise.
Folks move next door to a bar that has been in business for 100 years. suddenly there is a noise problem.
People move into an area with a shooting range. and complain about noise.

Simple solution. Move.

TCE
09-03-2009, 06:40 PM
Yeah, sue the birds in the morning.
And thunder is LOUD. We should sue,,,somebody.

I have heard this silly crap before.
Folks move in next door to an airport that has been in operation for 50 years. and start complaining about noise.
Folks move next door to a bar that has been in business for 100 years. suddenly there is a noise problem.
People move into an area with a shooting range. and complain about noise.

Simple solution. Move.

I think he is referring to if someone is blasting their stereo to maximum and/or causing excessive noise. In that case, a person's property rights will have been violated.

pcosmar
09-03-2009, 06:55 PM
I think he is referring to if someone is blasting their stereo to maximum and/or causing excessive noise. In that case, a person's property rights will have been violated.

I have NO idea what he is referring to. Which is why I said,


Noise Pollution is a nebulous term.


I have heard all kinds of things described as "noise polution". When it is usually that they just don't like what someone is doing.
Yet another reason I DO NOT live in a city. Been there, done that.

Pennsylvania
09-04-2009, 06:26 AM
Yes I am referring to human-made noise pollution. Obviously a dog attacking a human warrants separate policy from a human attacking a human. So birds in the morning wouldn't count, only liable humans.

@Axiomata, thanks for the link, I will check it out.

Epic
09-04-2009, 06:35 AM
"The current general rule of the civil courts on nuisance suits for
noise is cogent:
A noise source is not a nuisance per se but only becomes a
nuisance under certain conditions. These conditions depend on a
consideration of the surrounding area, the time of day or night
when the noise-producing activities take place and the manner in
which the activity is conducted. A private nuisance is compensable
only when it is unreasonable or excessive and when it produces
actual physical discomfort or injury to a person of ordinary
sensibilities so as to interfere with the use and enjoyment of the
property." -rothbard

http://mises.org/rothbard/lawproperty.pdf

Dr.3D
09-04-2009, 06:39 AM
Speaking of noise pollution, I was just woken up this early morning by what sounded like a firefight across the road from me. I suspect the guy across the road must have some friends over and they are taking a few deer in the corn field.

JVParkour
09-04-2009, 07:05 AM
"Rock and roll ain't noise pollution"
-ACDC

:D