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The traditional view of tax holds that consumption taxes fail tax the yield to capital, whereas income taxes do, leading to John Stuart Mill's criticism of the income tax as a "double tax" on wealth that is saved. A better analytic understanding illustrates that there are two types of consumption taxes. A prepaid consumption or (equivalently) wage tax indeed ignores the yield to capital. But a consistent progressive postpaid consumption tax gets at such yield, at the individual level, when but only when the returns to capital are used to elevate lifestyles in material terms. Such a tax allows "ordinary" savings that move around labor earnings, in constant dollar terms, to different periods of an individual's life, such as times of retirement or heightened medical or educational needs. Because a progressive postpaid consumption tax falls on the yield to capital at the right time-when its use at the individual level becomes manifest-all other taxes on capital, such as capital gains, gift and estate, and corporate income taxes, can and should be repealed, in the name of fairness. Footnotesa I thank the editors, my research assistants Alex Baskin and Nina Kang, and the other contributors to this volume for their helpful comments.
Hart identified a utilitarian tradition in jurisprudence, which he associated with Jeremy Bentham and John Austin. This tradition consisted in three doctrines: the separation of law and morals; the analysis of legal concepts; and the imperative theory of law. I argue, contrary to Hart, that Bentham did not adopt a 'positivist' conception of law whether understood in terms of the separation of legal theory and morality or in terms of the separation of law and morals. Misinterpreting Bentham's approach to the analysis of language, Hart was wrong to assume that Bentham's jurisprudential project was a precursor to his own attempt to provide a morally neutral description of a legal system. It was this assumption that led to mistakes in Hart's editing of Of Laws in General. Bentham's utilitarian theory of law should be recognised as a distinct alternative to Common Law and Natural Law theories.
Thomas Pogge's Global Resources Dividend relies on a flat tax on the use of natural resources to fund the eradication of world poverty. Hillel Steiner's Global Fund taxes the full rental value of owned natural resources and distributes the proceeds equally. The paper compares the Dividend and the Fund and defends the Global Share, a novel proposal that taxes either use or ownership, does so (when possible) progressively, and distributes the revenue according to a prioritarian rather than a sufficientarian or egalitarian principle.
CHAPTER 1 From Bentham to Kanger I. Introduction In the analytical tradition
established by Jeremy Bentham and John Austin, and continued in the twentieth
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During World War II, Americans were urged to ration food, raise money, and accept higher taxes. After September 11, we were given tax cuts and asked to shop. Has the United States broken a noble tradition of fiscal sacrifice with the current, unprecedented wartime tax cuts, or are they the mark of new economic and social forces at work? This piece, and the book from which it is drawn, War and Taxes, weighs the question by considering seven conflicts that span the American Revolution to the present war in Iraq.
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Resistance to paying war taxes that stems from a principled pacifism is not the same as tax-dodging and should be accommodated in the law by broadening the scope of Conscientious Objector (CO) status and by legislating a nonmilitary alternative fund so COs may redirect their tax money to peaceful uses. Using the religious example of the Society of Friends (Quakers) and various secular examples of pacifism I show that resisters’ conscientious opposition to paying for war is of a kind with their conscientious refusal to carry arms. Their refusal to cooperate with military taxation is not disdain of the rule of law, but is a respectful form of civil disobedience. It is in the interest of justice for a liberal democracy to provide an option for conscientious objectors so they may satisfy their moral scruples without having to break the law.
This paper models the interaction between individuals' identity choices and redistribution. Both redistributive polices and identity choices are endogenous, and there might be multiple equilibria. The model is applied to ethnicity and social class. In an equilibrium with high taxes, the poor identify as poor and favor high taxes. In an equilibrium with low taxes, at least some of the poor identify with their ethnic group and favor low taxes. The model has two main predictions. First, redistribution is highest when society is ethnically homogenous, but the effect of ethnic diversity on redistribution is not necessarily monotonic. Second, when income inequality is low, an increase in income inequality might induce the poor to identify with their ethnic group and therefore favor lower taxes.
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Police and authorities have increasingly adopted "command and control" strategies to the policing of intentionally peaceful protest crowds. These strategies work to close down access to a physical space in which a protest is to occur and thus in turn they effectively restrict the capacity of a citizen to engage in the democratic right of peaceful protest.
Discussion of Jeremy Bentham, A protest against law-taxes
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