Suppose the owner of a private garden with trees files a lawsuit against one of the neighbors, claiming that the neighbor breathes oxygen produced by the garden’s trees but does not pay for it, and demands payment for this oxygen at a price of 1 ancapodollar per liter. What decision is a court following libertarian principles most likely to make?

анонимный вопрос

Answered by Alex Murin

Most likely, the greedy plaintiff’s reputation will suffer greatly, and the court will fine them for attempting to enrich themselves through the court. The burden of proof lies with the plaintiff. Consequently, the plaintiff would have to prove that the defendant is actually breathing their oxygen. For example, by finding oxygen molecules produced by their plants within the defendant’s body. Not to assume it, but to provide real evidence. Since the service was not ordered and no promise to pay for it was made, the defendant had no malicious intent to obtain the plaintiff’s property in the form of oxygen. The plaintiff did not take proper measures to preserve their property—for example, by installing a dome over their garden. Furthermore, the plaintiff themselves breathes, and they breathe air containing oxygen not only from their own garden. The plaintiff somehow obtained the carbon dioxide needed for photosynthesis. Is the gas they received cheaper than the one they released into the common space?

For every plaintiff who loves to reduce things to absurdity, there is a judge who can take the absurdity even further: force them to enclose their garden with a dome and stop giving their expensive oxygen to the general atmosphere and shamelessly stealing carbon dioxide.

An important point: the share of oxygen in the atmosphere from the owner of a couple of hectares of forest is negligible, and a hermetic dome over a couple of hectares of land is a very expensive pleasure.

Addition from Ancap-chan

An important factor is that a court handling a property dispute between two neighbors is obviously an arbitration court. Its task is not the formal consideration of a claim, but the resolution of a conflict. These people still have a vast amount of time to live side by side, and if such ridiculous litigation begins between them, it makes sense to find out what the real grievance is, what the real conflict is—and then, based on this, try to resolve the issue so that conflicts no longer arise.

Ideally, the court’s decision should look, in my view, something like this: 1) carry out a mutual offset of the oxygen supplied by the plaintiff’s garden and the carbon dioxide produced by the defendant’s breathing; 2) oblige the defendant to include the plaintiff among the invited guests when having a barbecue in their backyard to monitor additional carbon dioxide emissions from grilling meat over coals; 3) oblige the plaintiff to compensate the defendant for the additional carbon dioxide emissions from the barbecue with supplies of garden produce.