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Developing Moral Standards for Taxation

  • Jennifer Bird-PollanEmail author
Chapter

Abstract

Decisions regarding the proper levels and forms of taxation are not merely questions of economics. Instead, taxation should be seen as the manifestation of a nation’s philosophical ideals of distributive justice. As such, legislators must consider the underlying philosophical beliefs of their constituents in determining the tax laws. Those philosophical beliefs should then inform decisions regarding the form those taxes should take, and amount of tax that the government should impose. This Chapter considers a variety of political philosophical positions that are common in contemporary societies, and then evaluates how a legislator might incorporate those views into the creation of a system of tax laws that properly reflect those political perspectives. In order to consider these issues in a variety of circumstances, this Chapter contemplates the philosophical positions of libertarianism, political liberalism, and utilitarianism, and then thinks through how each of these positions would apply to the creation of a variety of tax laws, including sales taxes, property taxes, wealth taxes, and income taxes. Rather than being an exhaustive analysis of the development of moral standards for taxation, this Chapter is meant to be an example of how a legislator could go about developing such standards in her own particular circumstances.

Notes

Acknowledgements

The author would like to thank Stefan Bird-Pollan, David Gamage, Robert van Brederode, and participants in the SEALS Tax Policy Discussion Group and Ethics and Taxation Workshop for helpful comments on earlier drafts of this piece. Thanks also to the University of Kentucky College of Law for supporting this research with a summer research grant.

References

  1. Alstott, Anne L. 2007. Equal Opportunity and Inheritance Taxation. Harvard Law Review 121: 469.Google Scholar
  2. Bakija, Jon, and Joel Slemrod. 2008. Taxing Ourselves. Cambridge: MIT Press.Google Scholar
  3. Bentham, Jeremy. 2008. An Introduction to the Principles of Morals and Legislation (1789). New York: Barnes & Noble.Google Scholar
  4. Bird-Pollan, Jennifer. 2013. Death, Taxes, and Property (Rights): Nozick, Libertarianism, and the Estate Tax. Maine Law Review 66: 1.Google Scholar
  5. Bird-Pollan, Jennifer. 2014. Unseating Privilege: Rawls, Equality of Opportunity and Wealth Transfer Taxation. Wayne Law Review 59: 713.Google Scholar
  6. Buchanan, Neil. 2014. Freedom, Taxes, and Forced Labor: A Strange Brew of Libertarianism and Marxism, Verdict 28 April 2014. Available at https://verdict.justia.com/2014/04/28/freedom-taxes-forced-labor.
  7. Center on Budget and Policy Priorities. 2018. Policy Basics: Where Do Federal Tax Revenues Come From? (December 6, 2018). Available at https://www.cbpp.org/research/federal-tax/policy-basics-where-do-federal-tax-revenues-come-from.
  8. Fried, Barbara H. 1999. The Puzzling Case for Proportionate Taxation. Chapman Law Review 2: 157.Google Scholar
  9. Friedman, Milton. 1962. Capitalism and Freedom. Chicago: University of Chicago Press.Google Scholar
  10. Hemel, Daniel J., and Kyle Rozema. 2017. Inequality and the Mortgage Interest Deduction. Tax Law Review 70: 667.Google Scholar
  11. Kaplow, Louis. 2008. The Theory of Taxation and Public Economics. Princeton, NJ: Princeton University Press.Google Scholar
  12. Kleinbard, Edward D. 2014. We Are Better Than This: How Government Should Spend Our Money. Oxford: Oxford University Press.Google Scholar
  13. Lehning, Percy B. 2009. John Rawls: An Introduction. Cambridge University Press.Google Scholar
  14. Mill, John Stuart. 1863. Utilitarianism. Oxford University Press 1998.Google Scholar
  15. Morrow, Rebecca. 2016. Accelerating Depreciation in Recession. Florida Tax Review 19: 465.Google Scholar
  16. Morrow, Rebecca. 2017. Government as Investor: The Case of Immediate Expensing. Kentucky Law Journal 106: 1.Google Scholar
  17. Murphy, Liam, and Thomas Nagel. 2002. The Myth of Ownership. Oxford: Oxford University Press.CrossRefGoogle Scholar
  18. Nozick, Robert. 1974. Anarchy, State, and Utopia. New York: Basic Books.Google Scholar
  19. Nozick, Robert. 1993. The Examined Life: Philosophical Meditations. Oxford: Oxford University Press.Google Scholar
  20. O’Kelley, Charles R.T. 1981. Rawls, Justice, and the Income Tax. Georgia Law Review 16: 1.Google Scholar
  21. Otsuka, Michael. 2003. Libertarianism Without Inequality. Oxford: Oxford University Press.CrossRefGoogle Scholar
  22. Piketty, Thomas. 2014. Capital in the 21st Century (Le Capital au XXI Siècle). Goldhammer, Arthur (Trsl.). Cambridge, MA: The Belknap Press of Harvard University Press.Google Scholar
  23. Rakowski, Eric. 1996. Taxing Wealth Liberally. Tax Law Review 51: 419.Google Scholar
  24. Ryan Kerry. 2010. Human Capital and Transfer Taxation. Oklahoma Law Review 62: 223.Google Scholar
  25. Shanske, Darien. 2014. Revitalizing Local Political Economy Through Modernizing the Property Tax. Tax Law Review 68: 143.Google Scholar
  26. Shaviro, Daniel. 2017. The Rise and Fall of the Destination-Based Cash Flow Tax: What Was All That About? (Presentation Slides) (June 1, 2017). NYU Law and Economics Research Paper Nos. 17–20 and 17–23. Available at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2979971.
  27. Vallentyne, Peter, and Hillel Steiner. 2001. The Origins of Left-libertarianism: An Anthology of Historical Writings. London: MacMillan.Google Scholar

Copyright information

© Springer Nature Singapore Pte Ltd. 2020

Authors and Affiliations

  1. 1.College of LawUniversity of KentuckyLexingtonUSA

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