David Friedman’s Substack • 314 implied HN points • 23 Mar 26
- Harms like pollution are the result of choices by both the emitter and the harmed, so assigning blame or charging only one side only works if that side is actually the cheapest to prevent the harm.
- When bargaining is cheap and property rights are clear, people will make deals that reach the efficient outcome without needing taxes or heavy regulation, so who legally has the right mainly affects who pays.
- In the real world bargaining often fails because negotiations are costly, many people are involved, or holdouts occur, so the right legal response depends on those transaction costs rather than a fixed preference for taxes or regulation.