In The Permission Society, Timothy Sandefur wrote that there are two ways for government to regulate the actions of people. The first is the nuisance system which states that people have a right to freely act however they choose unless it will harm someone else. This includes one’s free choice as what to do with their property unless it harms his neighbor. The drawback of this system is that it is reactive. On occasion the danger of harm may be of great magnitude, either immediately or cumulative over time. Under these circumstances, the nuisance system does not preemptively protect a neighbor. On these occasions it may not be possible for the harmed neighbor to be adequately and/or timely compensated for his loss.[1] Where the potential for this type of harm is present, the deficiency in a reactive nuisance system can be mitigated through prudent but infrequent intervention and prior restraint.
The second system to regulate actions of people is the permit system which forbids people from doing anything with his property unless approved by the appropriate authorities. The permit or “prior restraint” system is proactive and does not allow a person to act until he meets the requirements […] Continue Reading…