Treat disputes over data‑center siting as Hohfeldian relations: distinguish claim‑rights (the right to exclude) from liberties (the freedom to use) and use nuisance/zoning law to manage real harms rather than aggregate dislike. This reframing clarifies who bears duties and who has liabilities, shifting the conversation from plebiscitary bans to enforceable, content‑neutral ordinances (noise, light, traffic) and permit standards.
— Casting data‑center fights in Hohfeldian legal terms redirects public debate from emotional opposition to targeted legal remedies, with consequences for infrastructure buildout, local politics, and constitutional risk from plebiscitary rule.
Arnold Kling
2026.11.07
100% relevant
Arnold Kling invokes Wesley Hohfeld and Coase and recommends applying nuisance law and existing ordinances (noise/light rules) rather than treating public displeasure as a presumptive right to block data centers.
← Back to all ideas