This is true but in the absence of a method to internalize externalities it is worse to subsidize those who can maximally externalize their costs. I don't think

This is true but in the absence of a method to internalize externalities it is worse to subsidize those who can maximally externalize their costs. I don't think that the inadequate legal system that allows people to externalize their costs to me is a sufficient deterrent to violations of the no harm principle. Any system that does not internalize costs explicitly subsidizes those actions that greatest externalize. I'm not good with that. It's not a free market. You don't get to sell my property rights just because the law isn't good enough to recognize that which is inherently mine.