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there is no such right

Posted on: August 9, 2022 at 12:25:10 CT
pickle MU
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“The polluter claims the right to do with his land what he wishes and maybe it's not so much that the rights are in competition, as it is that he's falsely claiming a right to infringe on your rights, if you will.”

There is no assumption made of that at all in the hypothetical, nor is there an assumption that the act was deliberately made to infringe on another. I really don’t know how you come up with that.


“Someone or some entity will have to decide that his actions or claim of right to dump toxicity on your land, which infringes your rights is lesser to yours or that it's a false claim, if you prefer.”

I’m sorry, but your continued framing of rights this way and the hypothetical at hand does not show an understanding of rights.

First of all, someone doesn’t “have to decide” beyond myself. If the two of us can’t resolve it, then the infringed upon/damaged party can bring suit against the other or find some other means of dispute resolution. Second of all, there is no element of “right to dump toxicity” on someone else’s land in this hypothetical.

I talk of private law and courts all the time, so I have no idea what point you’re trying to make here.

Further, you have not explained how or why my premise is flawed or illogical
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MESSAGE THREAD

Welcome to all the posters who now understand that - dangertim MU - 8/9 10:19:59
     That is not entirely incorrect - 4TigersinMichigan MU - 8/9 10:36:22
          RE: That is not entirely incorrect - *M* KC - 8/9 10:40:54
          Even after the last 3 years - meatiger MU - 8/9 10:40:43
          Given their wisdom, and knowledge of human nature - GA Tiger MU - 8/9 10:39:27
               they didn’t (nm) - pickle MU - 8/9 10:48:03
               Totally agree - 4TigersinMichigan MU - 8/9 10:45:45
                    Wait, pic disagreed with me. I'm shocked I tell you.(nm) - GA Tiger MU - 8/9 13:02:50
          it is 100% correct (nm) - pickle MU - 8/9 10:39:15
               "The state does not protect you"? IOW, there are - GA Tiger MU - 8/9 10:41:33
                    so there are no murders or killings at all - pickle MU - 8/9 10:47:33
                         But you never said how or why I'm wrong. And - GA Tiger MU - 8/9 10:59:26
                              i just did, you idiot (nm) - pickle MU - 8/9 11:00:08
                    The State is reactionary - meatiger MU - 8/9 10:46:11
     That is a bit overstated. Which will mean - GA Tiger MU - 8/9 10:31:29
          it wasn’t - pickle MU - 8/9 10:40:44
     What would you do if your neighbor - Doc_Nice MU - 8/9 10:31:13
          I would resolve it(nm) - dangertim MU - 8/9 10:43:46
               and check out my hook - pickle MU - 8/9 10:55:30
          if it were me, i’d speak with him - pickle MU - 8/9 10:40:14
               Ok, but that doesn't work, and he continues to infringe - Mormad MU - 8/9 10:56:51
                    then i’d sue (nm) - pickle MU - 8/9 11:06:50
                         Isn't that what happens now? - Doc_Nice MU - 8/9 11:13:52
                              yes, people do bring suits against each other today - pickle MU - 8/9 11:20:50
                                   "I am suing you for violating city ordinance 501.3C"(nm) - dangertim MU - 8/9 11:32:16
                                   How do you win a suit if something is not against the law?(nm) - Doc_Nice MU - 8/9 11:31:17
                                        are you serious? - pickle MU - 8/9 11:48:44
                                        for damages. - dangertim MU - 8/9 11:33:25
                                             Yes, in the doctors case, he is infringing on your rights - Doc_Nice MU - 8/9 11:53:44
                                                  rights aren't established by law. - dangertim MU - 8/9 12:16:38
                                                       Good luck with that in court - Doc_Nice MU - 8/9 12:36:52
                                                            good luck with what? - pickle MU - 8/9 13:20:08
                                                                 I'm not the one who said it did(nm) - Doc_Nice MU - 8/9 13:27:02
                                                                      “the declaration of independence gives me rights” - pickle MU - 8/9 14:15:15
                                                                           Even in written form where sarcasm is harder to detect - Doc_Nice MU - 8/9 16:09:36
                                                            that's quite the strawman(nm) - dangertim MU - 8/9 12:48:30
                                                                 Perhaps it's a straw man but I'm trying to figure out how to - Doc_Nice MU - 8/9 12:53:02
                                                                      Fantasyland? It happens every day right now (nm) - pickle MU - 8/9 13:20:39
                                                                           It should be easy to find an example then(nm) - Doc_Nice MU - 8/9 13:26:07
                                                                      you don't get it. - dangertim MU - 8/9 12:58:29
                                                                           Not all laws require criminal prosecution to enforce - Doc_Nice MU - 8/9 12:59:55
                                                  Rights are not created by law nor are they regulated - pickle MU - 8/9 12:05:18
                                                       Many of our rights are derived from "natural law" but they - Doc_Nice MU - 8/9 12:39:42
                              what do govt regulations have to do with suing someone - dangertim MU - 8/9 11:17:18
                                   How would you win the suit if they weren't breaking the law? - Doc_Nice MU - 8/9 11:32:16
                                        how can you win a suit against a doctor for botching - dangertim MU - 8/9 12:18:41
                                             Alex Jones broke laws against defamation - Doc_Nice MU - 8/9 12:51:46
                                                  no, he was prosecuted and persecuted for free speech - pickle MU - 8/9 13:21:49
                                                       No, literally, he was sued for defamation under Texas law(nm) - Doc_Nice MU - 8/9 13:25:34
                                                            no. see OP (nm) - pickle MU - 8/9 14:16:22
                                                                 What does OP mean?(nm) - Doc_Nice MU - 8/9 16:07:32
                                                  again, you are completely missing the point of this entire - dangertim MU - 8/9 12:55:22
                                                       That's some very circular logic - Doc_Nice MU - 8/9 12:58:51
                                        if the arbiter, mediator, or jury agrees so - pickle MU - 8/9 12:07:03
                                             That's not how courts work - Doc_Nice MU - 8/9 12:54:01
                                   Who grants the trier of fact the authority to enforce - Mormad MU - 8/9 11:21:46
                                        what exactly is your point in relation to the OP? - pickle MU - 8/9 11:25:12
                                             That it's clearly wrong. In the case of Individual A vs B - Mormad MU - 8/9 11:41:51
                                                  there is nothing wrong with what OP said at all - pickle MU - 8/9 11:50:35
                                                       if those rights are in competition - Mormad MU - 8/9 11:59:01
                                                            rights are not and cannot be in competition - pickle MU - 8/9 12:04:34
                                                                 Or your premise is illogical and flawed from the outset - Mormad MU - 8/9 12:06:42
                                                                      It isn’t wrong at all nor is it illogical - pickle MU - 8/9 12:07:45
                                                                           In the situation posited, you have a right - Mormad MU - 8/9 12:16:05
                                                                                there is no such right - pickle MU - 8/9 12:25:10
                                                       When two people have competing rights - Doc_Nice MU - 8/9 11:55:06
                                                            rights are not in competition - pickle MU - 8/9 12:03:54
                                                                 Sometimes people agree to private resolution - Doc_Nice MU - 8/9 12:56:48
                                                                      your post is entirely incorrect (nm) - pickle MU - 8/9 13:22:54
                                                                           Good argument - Doc_Nice MU - 8/9 13:26:29
                                   he has no clue what he’s even trying to argue - pickle MU - 8/9 11:21:25
     Those who believe they understand that - *M* KC - 8/9 10:20:59
          RE: Those who believe they understand that - dangertim MU - 8/9 10:30:43




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